(a) The sidewalk cafe or fenced area must be adjacent to or directly in front of the building housing the restaurant. Further, there shall be a six-foot contiguous walkway for use by pedestrians unobstructed by structures including but not limited to the following: the fence, signs, parking meters, planters, trees, utility poles, and benches.

(b) All tables and chairs shall be placed so as to not present a sight hazard to vehicular traffic or present a hazard to pedestrians. Use of public amenities such as benches or seats is prohibited.

(c) Tables, chairs and other items shall be removed at the end of each day’s operation and the sidewalk area restored to its normal condition. No materials shall be stored on the public right-of-way. Provided, however, the holder of a sidewalk fence permit shall be allowed to leave tables and chairs in the fenced area. However, no other materials shall be allowed to remain after normal operating hours.

(d) Amplified sound equipment shall not be permitted.

(e) The dispensing, serving, selling or consumption of alcoholic liquor or cereal malt beverage in the sidewalk cafe area or sidewalk fence area shall be in accordance with all applicable City and State laws, ordinances and regulations.

(f) The City of Topeka shall have the right to request the sidewalk fence to be immediately removed either temporarily or permanently to protect public health and safety.

(g) The operation of any sidewalk cafe shall be in conformity with all applicable State and local regulations concerning food preparation and sanitation. (Ord. 19086 § 4, 5-13-08. Code 1995 § 130-74.)