DOWNTOWN SIDEWALK CAFES

Jacksonville Ordinance Code tit. VI, ch. 250, pt. 8

in effect

Jacksonville Ordinance Code § 250.801 Definitions.

Sec. 250.801. - Definitions. Adjacent means being located in the area bounded by the café, bar or restaurant property, the invisible line extending from the property side lot lines to the street, and the street, and any sidewalk extension that provides more space and amenities for people using the street for extended seating, as approved by DIA. For those café, bar or restaurant 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. Bar means a bona fide standard bar which does not have a requirement to derive any portion of its sales from food or other non-alcoholic beverages located within the Downtown Overlay as defined by Section 656.361.2 and shall be subject to the following criteria: a. All beverages (including alcoholic beverages) are prohibited from being prepared outside the main structure on the premises of the bar (including the sidewalk area or alleyway) and all beverages (including alcoholic beverages) must be served from within the main structure on the premises of the bar. b. The bar shall be properly licensed by the State of Florida to serve alcoholic beverages (including those served in the sidewalk cafe area or alleyway). c. The bar owner shall, in addition to all other requirements of law, take reasonable steps to insure that alcoholic beverages are consumed only by patrons of the bar who are of legal age and not by passersby or persons who are not of legal age or who are obviously intoxicated. Patrons of the bar shall not be allowed to leave the bar or sidewalk cafe area while drinking alcoholic beverages. Reasonable steps shall include the use of moveable barriers, such as moveable planters or fences to define the permitted area, supervision of the outside area by security or staff personnel, and/or surveillance by electronic monitors. Failure by the bar owner to take such reasonable steps and use them at all times that alcoholic beverages are consumed in the sidewalk cafe area is grounds for termination of the sidewalk cafe permit and shall not be deemed an adverse action against the issuance of any future the sidewalk cafe permit. Cafe or restaurant means a bona fide standard cafe or restaurant located within the boundaries of the Downtown Overlay as defined by Section 656.361.2, (and meeting the definition of commercial zone) and shall be subject to the following criteria: a. 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. b. 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. c. 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. d. The cafe or restaurant owner shall comply at all times with the Downtown Property Maintenance Code. Commercial zone means abutting property which is zoned CCBD, CCG-1 or CCG-2 pursuant to City Code Chapter 656, Zoning Code or any other zone which may be created as a successor zone to such existing commercial zones within the jurisdictional area of the Jacksonville Downtown Development Authority (herein, DIA). Community event means an event wherein the DIA anticipates crowds sufficient to necessitate utilization of all of the sidewalk area or alleyway for pedestrian or crowd control needs. A community event may be restricted to some or all areas wherein sidewalk cafe permits have been issued. Operate a downtown sidewalk cafe or bar means serving food or beverage (including alcoholic beverages) if the cafe or restaurant, or bar is legally authorized to serve same) from a cafe, restaurant or bar to patrons seated at tables located within the sidewalk area or alleyway adjacent to the café, bar or restaurant frontage. Excluded and precluded from this definition is the preparation or storage of food/beverage (including alcoholic beverages) on the sidewalk or alleyway. Such approved and valid sidewalk cafe or bar permitted areas are deemed part of the permitted premises for all requirements of the law. Sidewalk means the paved pedestrian walkway alongside the street. (Ord. 96-253-101, § 1; Ord. 96-542-392, § 2; Ord. 2007-107-E, § 2; Ord. 2011-443-E, § 2; Ord. 2011-727-E, § 1; Ord. 2012-364-E, § 10; Ord. 2025-772-E, § 2)

Jacksonville Ordinance Code § 250.802 Permit required.

Sec. 250.802. - Permit required. Operating a downtown sidewalk cafe or bar on City sidewalks is unlawful without a permit. No person shall conduct a business as herein defined without first obtaining a permit from the DIA and paying the fee therefor to the Tax Collector. (Ord. 96-253-101, § 1; Ord. 96-542-392, § 2; Ord. 2007-107-E, § 2; Ord. 2012-364-E, § 10)

Jacksonville Ordinance Code § 250.803 Permit fee.

Sec. 250.803. - Permit fee. The annual permit fee for operating a downtown sidewalk cafe or bar 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 and shall be deposited into the revenue account of the DIA to cover the DIA's costs of administering this Part 8. (Ord. 96-253-101, § 1; Ord. 96-542-392, § 2; Ord. 2007-107-E, § 2; Ord. 2011-443-E, § 2; Ord. 2012-364-E, § 10; Ord. 2017-665-E, § 16)

Jacksonville Ordinance Code § 250.804 Application for permit.

Sec. 250.804. - Application for permit. Application for a permit to operate a downtown sidewalk cafe or bar shall be made at the office of the JEDC in a form deemed appropriate by the JEDC. Such application shall include, but not be limited to, the following information: (1) Name and address of the applicant (and agent, if applicable). (2) Address and legal description of property with cafe or bar, current zoning. (3) A copy of applicant's business license. (4) A drawing showing the width of the applicant's existing cafe, bar or restaurant facing the sidewalk area requested to be used, location of doorways, width of sidewalk, distance from curb to building face, if different, location of trees, parking meters, bus shelter, sidewalk benches, trash receptacles, or any other semi-permanent sidewalk obstruction(s). (5) A drawing (which shall be binding) showing the area requested for use as a downtown sidewalk cafe or bar with the table locations together with the area which will be occupied by the table and accompanying chairs, location and size of any required features used to delineate the area such as portable planters, etc. and visually depicting the reasonable steps proposed by the applicant to comply with the necessary patron control requirements. (6) Such additional information (including other permits or approval by other governmental agencies) as may be needed by the DIA to evaluate the compatibility of the proposed use of the sidewalk with the City's pedestrian and other uses of the sidewalk. (Ord. 96-253-101, § 1; Ord. 96-542-392, § 2; Ord. 2007-107-E, § 2; Ord. 2012-364-E, § 10)

Jacksonville Ordinance Code § 250.805 Reserved.

Jacksonville Ordinance Code § 250.806 Location rules and review.

Sec. 250.806. - Location rules and review. The applicant will be guided by the following in the drawing required in Section 250.804(4): (1) The area to be considered must have sidewalks or alleyways which are 12 feet in width or greater. This condition can be reduced if such reduction will not have a detrimental impact on the public health, safety or welfare nor impede pedestrian travel along the sidewalk or alleyway, as determined by DIA. (2) Downtown sidewalk cafes or bars proposed for areas which have a high density of pedestrian usage will be located such that there is a clear pedestrian passageway of at least six feet; otherwise, four feet of clear pedestrian passageway will be required. This condition can be reduced if such reduction will not have a detrimental impact on the public health, safety or welfare nor impede pedestrian travel along the sidewalk or alleyway, as determined by DIA. (3) The proposed location shall be approved by DIA. (4) DIA may require the downtown sidewalk cafe or bar area to be separated from the designated pedestrian passageway by barrier, such as a planter, decorative wall or fencing surrounding the perimeter. If required, the height of the barrier, decorative wall or fencing shall be at least three feet. If a hole in the sidewalk is used for the barrier, it shall be capped when the barrier is not in place. The barrier, fence or wall shall be of material and design in keeping with the character of the neighborhood. (5) No obstruction shall be placed within 18 inches of the face of any curb, within five feet of any fire hydrant, fire exit, or building entry, nor within ten feet of any bus stop. (6) No additional signage shall be permitted on the sidewalk. (7) Non-amplified presentation of entertainment shall be permitted in the outdoor eating and drinking areas. (8) The use of public sidewalks for cafe or bar service shall not be permitted when it has been determined that: (i) The number of pedestrians using the public sidewalk is too great to allow any obstruction; (ii) The sidewalk is being used to store or prepare food/beverage for serving patrons in the downtown sidewalk cafe, bar or main seating area of the restaurant. It is intended that the downtown sidewalk cafe or bar area be used solely to serve patrons with food/beverage stored/prepared in the adjacent cafe/bar/restaurant. (iii) The obstruction of the public sidewalk or alleyway for cafe or bar use may in any other way 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, nuisance, etc. (9) No obstruction shall be permitted on Ocean Street before 9 p.m. (Ord. 96-253-101, § 1; Ord. 96-542-392, § 2; Ord. 2007-107-E, § 2; Ord. 2011-443-E, § 2; Ord. 2011-727-E, § 1; Ord. 2012-364-E, § 10)

Jacksonville Ordinance Code § 250.807 Liability and insurance.

Sec. 250.807. - Liability and insurance. Prior to any use of the public sidewalk, the applicant shall provide certificates evidencing the following insurance to the DIA (which insurance certificates shall name the City and DIA as additional insureds on all policies, and the DIA shall review and secure the approval of same by City's 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. 96-253-101, § 1; Ord. 96-542-392, § 2; Ord. 2007-107-E, § 2; Ord. 2012-364-E, § 10)

Jacksonville Ordinance Code § 250.808 Form and conditions of permit.

Sec. 250.808. - Form and conditions of permit. The permit issued shall be in a form deemed suitable by DIA. In addition to naming the permittee and other information deemed appropriate, the permit shall contain the following conditions: (1) Each permit issued, or renewal thereof, shall be for a period of one year from date of approval. (2) The permit issued shall be personal to the permittee only and is not transferable in any manner. (3) The permit may be temporarily suspended by DIA when it determines that an event is scheduled which merits community event status due to pedestrian needs for the sidewalk area under a cafe/bar permit. (4) 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. (5) The permittee shall assure that its use of the sidewalk in no way interferes with sidewalk users or limits their free and unobstructed passage, by provision of planters, walls, fences or other similar measures subject to Section 250.806 of this Part. (6) The sidewalk and all things placed thereon shall at all times be maintained in a clean and attractive condition; and at such times that the permittee is not utilizing the sidewalk as authorized, all things shall be removed therefrom. At least two trash containers shall be provided on site for use by the cafe/bar patrons and employees. (7) The permittee shall promptly notify the JEDC when operation of the downtown sidewalk cafe or bar initially begins and provide a schedule of operating days and hours. (8) The permittee and property owner shall, in consideration for the privilege of utilizing public property, execute: (a) 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 (b) An indemnity agreement in favor of the City of Jacksonville (in a form approved by the Office of General Counsel). (9) The permittee shall at all times comply with the requirements of the Downtown Property Maintenance Code. (10) 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, including in adjacent streets or water bodies. Tables and railing/planter components shall also be secured. All table accessories and food items shall be removed during hours of non-operation and stored within the cafe/bar/restaurant and all tables, chairs, etc., shall be secured. (11) 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. (Ord. 96-253-101, § 1; Ord. 96-542-392, § 2; Ord. 2007-107-E, § 2; Ord. 2011-443-E, § 2; Ord. 2012-364-E, § 10)

Jacksonville Ordinance Code § 250.809 Denial, revocation or suspension of permit.

Sec. 250.809. - Denial, revocation or suspension of permit. (1) The DIA may deny, revoke, or suspend the permit for any downtown sidewalk cafe or bar authorized in the City if it is found: (a) That the provisions of this Part have been violated. (b) Any necessary health or other regulatory permit has been suspended, revoked, or canceled. (c) The permittee does not have insurance which is correct and effective in the minimum amount prescribed above in Section 250.807. (d) A "community event" requires the suspension. (e) The City needs to do utility work street repairs or sidewalk closure for other repairs. (f) Failure to document to the reasonable satisfaction of the DIA compliance with the 51 percent sales from food and nonalcoholic beverages criteria established in the definition of "cafe or restaurant". (g) The permittee operates the sidewalk cafe or bar when such permit has been suspended. (2) Upon denial or revocation, the DIA 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 DIA is based upon subsection (1)(b), (c) or (d) of this Section, the action shall be effective upon giving such notice to the permittee; otherwise, such notice shall become effective within ten days of notice unless appealed to the Executive Director of the DIA (or his designee) by filing a written notice of appeal within ten days or receipt of the notice of denial or revocation. Any revocation effective immediately may also be appealed to the Executive Director of the DIA (or his designee) within ten days. Appeals shall state the reasons for reinstatement or issuance of the permit. The DIA Executive Director (or his designee) shall review the appeal and provide written notice of his decision to the applicant/permittee within ten business days of the receipt of such appeal. During the course of any appeal, any permit which has been revoked shall be automatically suspended until such appeal is resolved. (Ord. 96-253-101, § 1; Ord. 96-542-392, § 2; Ord. 2007-107-E, § 2; Ord. 2011-443-E, § 2; Ord. 2012-364-E, § 10)

Jacksonville Ordinance Code § 250.810 Additional applicable provisions.

Sec. 250.810. - 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 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. 96-253-101, § 1; Ord. 96-542-392, § 2; Ord. 2007-107-E, § 2)

Jacksonville Ordinance Code § 250.811 Conflicts.

Sec. 250.811. - Conflicts. Any ordinance in conflict herewith is repealed to the extent of such conflict, including any ordinance which prohibits the consumption of alcoholic beverages on public property. In the event any portion of the Part is deemed to be unconstitutional or unlawful in any manner, that offending portion shall be stricken, and the remainder shall remain in full force and effect. (Ord. 96-253-101, § 1; Ord. 96-542-392, § 2; Ord. 2007-107-E, § 2)

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_PT8DOSICAFetched: 10/27/2026