ORDINANCE NUMBER 24-11201
AN ORDINANCE AMENDING SALINA CODE SECTION 35-267 PERTAINING TO THE RENEWAL OF SIDWALK CAFÉ LICENSE AGREEMENTS AND REPEALING THE EXISTING SECTION.
BE IT ORDAINED by the Governing Body of Salina, Kansas:
Section 1. Amendment. Section 35-267 of the Salina Code is amended to read as follows:
Sec. 35-267. Sidewalk café license agreement renewal; denial.
(a) Renewals.
(1) Payment of fee and certificate of insurance. The zoning administrator shall grant an annual renewal of a sidewalk café license agreement then in effect for an existing or reduced sidewalk dining area, upon submission by licensee to the zoning administrator of a renewal application form, along with payment of the renewal fee and submission of a certificate of insurance establishing that the applicant has procured appropriate liability insurance and that such insurance is current, in accordance with section 35-268, unless as otherwise provided in subsection (b) below.
(2) Payment deadline. Payment of the renewal fee and submission of a certificate of insurance must be delivered to the zoning administrator by March 1. If a licensee fails to make the renewal payment and/or to provide an adequate certificate of insurance by March 1, the licensee must pay a $50 penalty prior to April 1 to be eligible for an annual renewal of a sidewalk café license agreement, in addition to satisfying other renewal requirements under this section. No payments or certificates of insurance shall be accepted for renewal purposes after April 1.
(b) Denial authority.
(1) Grounds. The zoning administrator shall not grant an annual renewal and shall mail a notice of denial to the licensee at the licensee's address shown on the renewal application, stating the reason for the non-renewal and that the licensee has the right to appeal such non-renewal, if:
a. The licensee has failed to pay the appropriate renewal fee and/or has failed to submit to the zoning administrator the requisite certificate of insurance by the deadlines set forth above;
b. The city has received a written objection or notice of withdrawal of permission from an owner of record (including any equitable owners) or any tenants of real property whose permission is required pursuant to section 35-264(d);
c. Salina Downtown, Inc. has requested that such renewal not be approved due to ongoing noncompliance issues; or
d. The city commission has directed that such renewal shall not be issued.
(2) Effect. If the zoning administrator does not grant a renewal, the sidewalk café license agreement shall terminate on May 1.
(c) Appeals.
(1) City commission hearing. If the zoning administrator declines to renew a sidewalk café license agreement, the licensee may appeal the decision of the zoning administrator to the city commission by filing a notice of appeal in the office of the city clerk, on a form provided by that office. The notice of appeal must be filed within 14 calendar days of the date of the zoning administrator’s decision, and such written request shall state the basis for the appeal. The city commission shall review the zoning administrator’s decision within a reasonable time thereafter and may affirm or overrule the decision of the zoning administrator, may renew the sidewalk café license agreement with additional conditions, or may refer the issue of renewal to the Salina Business Improvement District Number 1 design review board for a hearing and board input together with a statement specifying the basis therefore.
(2) Pendency of appeal. The term of the sidewalk café license agreement shall be extended during the pendency of any appeal to the city commission under this section, provided that the basis for the zoning administrator’s decision is not based, in whole or in part, upon the licensee's failure to submit to the zoning administrator the requisite certificate of insurance.
Section 2. Repealer. Existing Salina Code Section 35-267 is repealed.
Section 3. Publication. The City Clerk shall cause this ordinance, as soon as practicable after it has been passed and signed, to be published on the City’s website as the designated official city newspaper.
Section 4. Effective date. This ordinance shall be in full force and effect from and after its publication.
Passed: April 8, 2024
Bill Longbine, Mayor
[SEAL]
ATTEST:
Nikki Goding, City Clerk