SIDEWALK CAFES

Jacksonville Ordinance Code tit. VI, ch. 250, pt. 9

in effect

Jacksonville Ordinance Code § 250.901 Intent.

Sec. 250.901. - Intent. The primary purpose of public sidewalks is for use by pedestrian traffic. However, sidewalk cafes on public sidewalks may promote the public interest by contributing to an active and attractive pedestrian environment. Therefore, to permit such activity, it is necessary to provide reasonable regulation of sidewalk cafes to protect the public health, safety and welfare while promoting safe vehicular and pedestrian traffic flow. (Ord. 96-542-392, § 1)

Jacksonville Ordinance Code § 250.902 Area of application.

Sec. 250.902. - Area of application. The provisions of this Part shall apply only to the following shopping districts: (a) Avondale shopping center comprising an area of St. Johns Avenue bounded on the north by Talbot Avenue and on the south by Van Wert Avenue; (b) Five Points shopping district comprising an area consisting of Post Street from Oak Street to Park Street, Park Street from Post Street to Lomax Street, and Lomax Street from Oak Street to Park Street, and Margaret Street from Park Street to Riverside Avenue; Riverside Avenue from Margaret Street to Goodwin Street and Oak Street from Margaret to Goodwin Street; (c) Park and King Streets shopping district comprising an area of Park Street from Acosta Street to James Street and King Street from Herschel Street to College Street; and (d) San Marco Square shopping district comprising an area consisting of Hendricks Avenue from San Marco Boulevard to Atlantic Boulevard, Atlantic Boulevard from Hendricks Avenue to San Marco Boulevard, and San Marco Boulevard from Atlantic Boulevard to Hendricks Avenue. (e) San Marco Boulevard shopping district comprising an area consisting of San Marco Boulevard between Nira Street/Childrens Way and Laverne Street. (f) Stockton Street shopping district comprising an area consisting of Stockton Street between College Street and Myra Street. (Ord. 96-542-392, § 1; Ord. 1999-1283-E, § 1; Ord. 2000-541-E, §§ 1, 2; Ord. 2002-1175-E, § 1; Ord. 2011-727-E, § 2)

Jacksonville Ordinance Code § 250.903 Definitions.

Sec. 250.903. - Definitions. (a) Operate a sidewalk cafe means serving food or beverage (including alcoholic beverages if the cafe or restaurant is legally authorized to serve same) from a cafe or restaurant to patrons seated at tables located within the sidewalk area adjacent to the cafe or restaurant frontage. Excluded and precluded from such definition is the preparation or storage of food/beverage on the sidewalk. (b) Sidewalk means the paved pedestrian walkway alongside the street. (c) Chief means the Chief of Building Inspection. (d) Community event means an event wherein the Chief anticipates crowds sufficient to necessitate utilization of all of the sidewalk area for pedestrian or crowd control needs. A community event may be restricted to some or all areas wherein sidewalk cafe permits have been issued. (e) Cafe or restaurant means a cafe or restaurant subject to the following criteria: 1. All food must be prepared on the premises of the cafe or restaurant (excluding the sidewalk area) and all food and beverages must be served from the premises of the cafe or restaurant. 2. The cafe or restaurant shall, on an annual-calendar year-basis, derive not less than 51 percent of its gross income from the sale of food and nonalcoholic beverages prepared, sold and consumed on the premises and sidewalk area. 3. The cafe or restaurant shall be open for the sale and purchase of prepared food at any time alcoholic beverages are available for sale and purchase. (f) Pedestrian passageway means that portion of the sidewalk which is free from obstructions. (g) Adjacent means being located in the area bounded by the café or restaurant property, the invisible line extending from the property side lot lines to the street, and the street. For those sidewalk café properties that are located at the intersection of two or more streets, the area includes that portion of the sidewalk located between the invisible line extending from the two property front lot lines to the street. (Ord. 96-542-392, § 1; Ord. 2011-727-E, § 2)

Jacksonville Ordinance Code § 250.904 Permit required.

Sec. 250.904. - Permit required. (a) Operating a sidewalk cafe on City sidewalks is unlawful without a permit. No person shall conduct a business as herein defined without first obtaining a permit from the public works Department, Building Inspection Division, and paying the fee therefor to the Tax Collector. (b) A permit for a sidewalk cafe shall be issued only to the owner of a validly licensed and operating restaurant who wishes to provide tables and chairs on the sidewalk adjacent to their restaurant. (Ord. 96-542-392, § 1)

Jacksonville Ordinance Code § 250.905 Permit fee.

Sec. 250.905. - Permit fee. The annual permit fee for operating a sidewalk cafe shall be as found in www.coj.net/fees, with this fee to become effective as of the date this Part becomes law. The permit fee shall be collected by the Tax Collector. (Ord. 96-542-392, § 1; Ord. 2016-140-E, § 16; Ord. 2017-665-E, § 16)

Jacksonville Ordinance Code § 250.906 Application for Permit.

Sec. 250.906. - Application for Permit. Application for a permit to operate a sidewalk cafe shall be made at the office of the Building Inspection Division, in a form deemed appropriate by the Chief. Such application shall include, but not be limited to, the following information: (a) Name, address, and phone number of the applicant (and agent, if applicable); (b) Address and legal description of property with restaurant, and current zoning; (c) A copy of applicant's occupational license to operate a restaurant associated with the sidewalk area which is the subject of the application. The number of chairs to be utilized for the sidewalk cafe must be included in the number of chairs authorized by the license; (d) A copy of the current liability insurance; (e) The written consent of the property owner; and (f) A drawing (minimum scale of one-fourth inch equals one foot) showing: (1) The width of the applicant's existing cafe or restaurant facing the sidewalk area requested to be used, location and swing of doorways, width of sidewalk, distance from curb to building face, if different, location of trees, parking meters, light poles, bus shelter, sidewalk benches, trash receptacles, or any other permanent or semi-permanent sidewalk obstruction(s); and (2) The area requested for use as a sidewalk cafe containing the location and size of the tables and chairs, umbrellas (if any), and any features used to delineate the area such as portable planters, etc. (3) The location of the pedestrian passageway, which may be located within the boundaries of the sidewalk cafe. (g) Photographs, drawings or manufacturers' brochures fully describing the appearance of all proposed tables, chairs, umbrellas or other objects relating to the sidewalk cafe; (h) Such additional information (including other permits or approval by other governmental agencies) as may be needed by the Building Inspection Division to evaluate the compatibility of the proposed use of the sidewalk with the City's pedestrian and other uses of the sidewalk. (Ord. 96-542-392, § 1; Ord. 2011-727-E, § 2)

Jacksonville Ordinance Code § 250.907 Location rules and review.

Sec. 250.907. - Location rules and review. The applicant will be guided by the following in the drawing required in Section 250.906(f): (a) Except for the Stockton Street shopping district, the area to be considered must have sidewalks which are eight feet in width or greater. In the Stockton Street shopping district, the area to be considered must have sidewalks which are seven feet, seven inches in width or greater. (b) Sidewalk cafes shall be located such that there is a clear pedestrian passageway of at least four feet in width. If cars would be parked at an angle or perpendicular to the curb at the permitted locations, then wheel stops shall be provided by the owner, if necessary, as approved by the Building Inspection Division, so that a car overhang will not interfere with the clear pedestrian passageway required herein. Sidewalk cafes proposed for areas which have a high density of pedestrian usage may be required to have a pedestrian passageway of at least six feet in width. If an abutting property operates a sidewalk cafe, the pedestrian passageway shall connect with the pedestrian passageway of the abutting sidewalk café. (c) The sidewalk cafe boundary shall also include any extension created by the use of an umbrella, unless there is a minimum of eight feet of unobstructed clearance between adjacent grade and the lowest portion of any such umbrella when fully opened. (d) No obstruction shall be placed within 18 inches of the face of any curb, within five feet of any fire hydrant, fire exit, building entry nor within ten feet of any bus stop. (e) No additional signage shall be permitted on the sidewalk. (f) Except for the Stockton Street shopping district, calculation of the sidewalk cafe area should include a two-foot area for the service of food and beverages in addition to the width of the table and chairs. In the Stockton Street shopping district, the calculation of the sidewalk café area should include a one-foot, seven inch area for the service of food and beverages in addition to the width of the table and chairs. (g) The storage and preparation of food or drinks is prohibited in the sidewalk cafe area. (h) The use of public sidewalks for cafe service shall not be permitted when it has been determined that: (1) The number of pedestrians using the public sidewalk is too great to allow any obstruction; (2) The obstruction of the public sidewalk may endanger the health, safety or welfare of the public, or be detrimental to surrounding property values by reason of such factors as noise, litter, lighting, security, outside cooking (odors, smoke), hours of operation, etc. (i) In the event of foul weather including winds, all chairs, umbrellas, food, table accessories, trash or other debris shall be secured so as to not create any risk to public safety. Tables and railing/planter components shall also be secured. All table accessories and food items shall be removed and stored within the restaurant and all tables, chairs, etc., shall be secured. (j) Any and all food and beverage spills shall be promptly cleaned up. All trash and debris within and around the outdoor dining area shall be picked up immediately and not allowed to collect, litter or blow into the public right-of-way. (k) Sidewalk cafes shall demonstrate that sufficient lighting is provided which illuminates the cafe boundaries and adjacent pedestrian walkway in such a manner as to allow perception and safe negotiation of potential obstructions within such areas. (l) If there is no on-street parking, then the sidewalk café shall be located at least three feet from the street if the speed limit on the street exceeds 35 miles per hour, unless a physical barrier approved by the Planning and Development Department and Public Works Department, at least three feet in height, is provided between the sidewalk café and the street. (Ord. 96-542-392, § 1; Ord. 2011-727-E, § 2; Ord. 2013-760-E, § 1)

Jacksonville Ordinance Code § 250.908 Liability and Insurance.

Sec. 250.908. - Liability and Insurance. Prior to any use of the public sidewalk, the applicant shall provide certificates evidencing the following insurance to the City (which insurance certificates shall name the City of Jacksonville as an additional insured on all policies, and the Chief shall review and secure the approval of same by City's Insurance and Risk Management Division): 1. General liability: Premises operations, $1,000,000 per occurrence, $1,000,000 aggregate Medical payments coverage, $5,000 Blanket X, C, U hazards Products/completed operations Contractual liability Independent contractors (30-day cancellation notice) 2. Liquor liability (if applicable): $1,000,000 3. Workers' compensation: Florida statutory coverage and Employee's liability (including appropriate federal acts) (30-day cancellation notice). (Ord. 96-542-392, § 1)

Jacksonville Ordinance Code § 250.909 Form and conditions of permit.

Sec. 250.909. - Form and conditions of permit. The permit issued shall be in a form provided by Building Inspection Division. In addition to naming the permittee and other information deemed appropriate, the permit shall contain the following conditions: (a) Each permit issued, or renewal thereof, shall be for a period of one year from date of approval. (b) The permit issued shall be personal to the permittee only and is not transferable in any manner. (c) The permit may be suspended by the Chief when it is determined that a community event is scheduled which requires the sidewalk area under a cafe permit for pedestrian access. (d) The permit is specifically limited in the area shown on the drawing submitted in the application which is attached or made part of the permit. (e) The Chief may require the temporary removal of sidewalk cafes when street, sidewalk or utility repairs necessitate such action. (f) Tables, chairs, umbrellas and any other objects provided in connection with a sidewalk cafe shall be removed from the sidewalk area when the permitted's restaurant is closed to the public. (g) If found to be necessary for the protection of the health, safety and welfare of the public, the Department of Public Works or the Jacksonville Sheriff's Office or Fire and Rescue may require the applicant to immediately remove or relocate all or parts of the sidewalk cafe, and if necessary, the City may remove or relocate same in emergency situations. (h) The City shall not be responsible for sidewalk cafe components relocated during emergencies. (i) The permittee shall assure that its use of the sidewalk in no way interferes with sidewalk users or limits their free and unobstructed passage. (j) The sidewalk and all things placed thereon shall at all times be maintained in a clean and attractive condition and at least one trash container shall be provided on site for use by the cafe patrons and employees. (k) The permittee and property owner shall, in consideration for the privilege of utilizing public property, execute: (1) A covenant not to sue, (in a form approved by the Office of General Counsel) wherein such parties agree to forego any claim against the City based upon a temporary or permanent denial of the right to continued use of public property arising from a suspension or revocation of such use due to negligent operation and City needs for the public property (e.g. street widening; sidewalk closure for repairs, placement or repair of utility lines; suspension for community event; etc.); and (2) An indemnity agreement in favor of the City of Jacksonville (in a form approved by the Office of General Counsel). (l) No advertising signs or business identification signs shall be permitted on the sidewalk. (m) No tables and chairs nor any other parts of sidewalk cafes shall be attached, chained or in any manner affixed to any tree, post, sign or other fixtures, curb or sidewalk within or near the permitted area. (n) No tables, chairs, umbrellas or any part of a sidewalk cafe, except an awning permitted in accordance with the Code, shall be permitted to encroach within the pedestrian area required in Section 250.907. (Ord. 96-542-392, § 1; Ord. 2011-727-E, § 2)

Jacksonville Ordinance Code § 250.910 Denial, revocation or suspension of permit.

Sec. 250.910. - Denial, revocation or suspension of permit. (a) The City may deny, revoke, or suspend the permit for any sidewalk cafe authorized in the City if it is found: (1) That the provisions of this Part have been violated. (2) Any necessary health permit has been suspended, revoked, or canceled. (3) The permittee does not have insurance which is correct and effective in the minimum amount prescribed above in Section 250.908. (4) Changing conditions of pedestrian or vehicular traffic cause congestion necessitating removal of a sidewalk cafe. The Chief has the discretion to determine if the pedestrian path is insufficient under existing circumstances and represents a danger to the health, safety or general welfare of pedestrians or vehicular traffic. (5) A "community event" requires the suspension. (6) City needs to do utility work, street repairs, sidewalk closure for other repairs, etc. (7) Failure to document to the reasonable satisfaction of the Chief that the 51 percent sales from food and nonalcoholic beverages criteria established in the definition of "cafe or restaurant" has been maintained. (b) Upon denial or revocation, the Chief shall give notice of such action to the applicant or permittee in writing stating the action which has been taken and the reason therefor. If the action of the Chief is based upon subsection (a)(3) or (a)(4) of this Section, the action shall be effective upon giving such notice to the permittee. Otherwise, such notice shall become effective within ten days. (Ord. 96-542-392, § 1)

Jacksonville Ordinance Code § 250.911 Appeals.

Sec. 250.911. - Appeals. (a) Appeals shall be initiated within ten days of the effective date of the denial or revocation of the permit by filing a written notice of appeal with the Council Secretary. Such appeal shall state the reasons for reinstatement or issuance of the permit. (b) The Council Secretary shall place the appeal on the next available regular Council agenda. At the hearing upon appeal, the council shall hear and determine the appeal, and the decision of the Council shall be final. (c) The filing of a notice of appeal by a permittee shall not stay an order by the Director to remove a sidewalk cafe or parts thereof. Vestiges of the sidewalk cafe shall be removed immediately as set out in this article, pending disposition of the appeal and the final decision of the Council. (Ord. 96-542-392, § 1)

Jacksonville Ordinance Code § 250.912 Additional applicable provisions.

Sec. 250.912. - Additional applicable provisions. Permit fees collected under this Part are fees paid for the purpose of defraying the cost of administration of this Part and are declared to be regulatory fees in addition to and not in lieu of the occupational license taxes imposed by Chapters 770 and 772. The payment of a permit fee under this Part shall not relieve a sidewalk cafe permit holder or other person of liability for and the responsibility for paying an occupational license tax where it is required by Chapters 770 and 772 and providing such information as may be required by those Chapters. Furthermore, persons operating pursuant to this Part shall be subject to all applicable provisions of local and State health regulations. (Ord. 96-542-392, § 1)

Jacksonville Ordinance Code § 250.913 Administration of Part; rules.

Sec. 250.913. - Administration of Part; rules. Unless otherwise stated within this Part, responsibility for the administration of this Chapter is vested in the Planning and Development Department. The Director of the Planning and Development Department may make, amend and repeal rules, regulations and administrative orders to implement and enforce this Part. (Ord. 2011-727-E, § 1)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITVIBUTROC_CH250MIBURE_PT9SICAFetched: 10/27/2026