§ 34-66. Operation.

(a)

For all buildings immediately adjacent to an encroachment a clear path of travel must be maintained from any building exit, equal in width to the exit door. This path of travel must be free of obstructions for the entire length of the encroachment.

(b)

Encroachments shall not involve permanent alterations to public space. Any tables, chairs, barricades, stanchions, platforms, or other obstructions used in the encroachment area shall be of a type that is easily removed from the public right-of-way. Encroachments shall be removed within 24 hours of notice from the town. If such items are not removed upon 24-hours notice, the town shall have the right to remove and dispose of these items and may assess the property owner for the cost of such removal and disposal. The town shall also have the right to remove such items immediately in emergency situations. The town shall not be responsible for damage to removed encroachments under any circumstances.

(c)

At 12:00 a.m., all tables, chairs, barricades, stanchions and platforms used in the operation of the sidewalk cafe shall be removed. The area of the sidewalk cafe shall be reopened to the public and shall not be considered part of the premises of the eating and/or drinking establishment. A sidewalk cafe may open at 7:00 a.m. each morning.

(d)

Boardwalk encroachments. For businesses located on the boardwalk, permitted encroachments may take place adjacent to the business structure offering the service or sale of said merchandise, goods or commodity, and shall not exceed the width of the business structure; and, said service, merchandise, goods, or commodity on display for sale shall allow for a minimum of four feet, six inches of area for unobstructed pedestrian travel. In no instance shall an encroachment exceed more than ¼ the width of the boardwalk with the exception of the oceanfront boardwalk. The oceanfront boardwalk may encroach up to six feet from the façade of the building.

(e)

For businesses in the CBD, not located on the boardwalk. Encroachments may be allowed on adjacent sidewalks if a minimum clearance of three feet is provided for pedestrian travel. A two-foot buffer zone, from the face of the street side curb shall not be included as part of the accessible area for pedestrians.

(f)

For businesses outside the CBD along Lake Park Boulevard.

(1)

Encroachments may be approved outside the CBD on lots adjacent to Lake Park Boulevard that are north of Atlanta Avenue and south of Goldsboro Avenue.

(2)

Where encroachments are located in the right-of-way of Lake Park Boulevard, the property owner shall obtain an approval letter from NCDOT prior to obtaining a revocable encroachment permit from the town.

(3)

Five feet of unobstructed area shall remain on all sidewalks adjacent to approved encroachments.

(g)

Alcoholic beverages in approved encroachment areas. It shall be the responsibility of the operator of the establishment to ensure that patrons comply with these provisions or else be subject to civil penalties. Notwithstanding the provisions of section 18-2, alcoholic beverages may be served in encroachment areas provided the following requirements are met:

(1)

The adjacent business shall otherwise be authorized, permitted, or licensed under the state law and this Code to serve and sell alcoholic beverages for on-premises consumption.

(2)

The encroachment area must be included as part of the premises for which an ABC permit is issued pursuant to G.S. 18B-1001 for the purpose of applying and enforcing state laws regarding the sale or consumption of alcoholic beverages.

(3)

The premises of the encroachment shall be clearly delineated with stanchions indicating the boundaries where patrons must stay within while in possession of alcoholic beverages in open or unsealed containers. The consumption of alcoholic beverages shall only occur while patrons are seated at tables.

(4)

Signs shall be posted, visible at all exit points from the encroachment area, that it is unlawful to remove alcoholic beverages in open or unsealed containers from the premises. Further, consumption of alcoholic beverages shall only be allowed while seated.

(5)

The eating and/or drinking establishment operator shall not have violated any law, regulation, or ordinance relating to the possession, sale, transportation or consumption of intoxicating beverages or controlled substances for the three years preceding the commencement of the sale of alcoholic beverages at the sidewalk cafe.

(6)

Congregating of patrons in or around encroachment areas shall be prohibited. Alcohol consumption outside of the premises or while standing shall be a violation of section 18-2, drinking in public.

(7)

No alcohol shall be served after 11:30 p.m. and all sidewalk cafés shall be closed by 12:00 a.m. Any person consuming alcoholic beverages in a sidewalk cafe after such hours shall be subject to section 18-2, drinking in public.

(Ord. No. 16-1030 , 10-11-2016; ; Ord. No. 18-1083 , 4-10-2018)