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A. Restaurant sidewalk use permits are conditional uses which shall be processed by the Administrator, with appeal of decision to the City Council.

B. The Administrator is authorized and may issue restaurant sidewalk use permits in the central business and commercial districts upon application; provided, that:

1. The use fulfills the conditions regulating such uses as set forth below; and

2. The Administrator finds the request will not cause detrimental effects to the surrounding neighborhood.

C. Conditions Regulating Restaurant Sidewalk Use Permits.

1. There shall be five feet of pedestrian passageway across the entire sidewalk use area.

2. Once a restaurant sidewalk use permit has been issued, it shall not be transferable to another person or to a location other than stated in the permit; nor shall the specified conditions be changed.

3. A sidewalk use business shall not use utilities except by conventional, permanent connections.

4. Applicable Permits Required. All regular business license requirements shall be met before any sidewalk use business can be conducted. A sidewalk business dispensing food shall not operate except upon proof that the business has all valid licenses or permits required by any authority having jurisdiction over the conduct of the business to be conducted by the applicant, for example, Skagit County Health Department food service license and food handlers permits, or any other applicable license or permit required by the city, county, or state.

5. Cleanup Requirements. Each sidewalk business must provide a sufficient litter receptacle for customer use, and must keep the area within a 50-foot radius of any sidewalk business reasonably clean of all litter and trash that originates from the drink and/or food sold by the sidewalk use business, such as wrappers, sacks, cups, napkins and the like.

6. Furniture, fencing, and other appurtenances of the sidewalk use shall not be attached to the sidewalk, building, or other structures, so that they may be moved for emergency access or special events, and can be removed during periods when the sidewalk use is not active, such as in winter weather. Seasonal discontinuance of the sidewalk use shall not invalidate the permit, but the permit shall expire if the use is not actively pursued for a period of one year or more. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2794 § 1 (Att. A), 2008; Ord. 2316, 1994. Formerly 17.10.140)