Can my business use the sidewalk for seating, merchandise, and signage?

Please review the following requirements when placing temporary signage, tables, chairs, benches, and merchandise on sidewalks or public ways.

Sec. 66-36. Tables, chairs, benches, and merchandise on sidewalks or public ways. 

(a) Any business holding a valid city food service establishment business license issued by the City of Lewiston is permitted to place tables, chairs, benches and barriers not to exceed 42" in height or any business displaying goods and articles or merchandise that may be displayed or exhibited for sale on or above any city sidewalk or public way (not used for vehicular traffic) and must comply with the following conditions:

 (1) Be situated in front of the physical boundaries of the authorized business so as not to exceed the physical dimensions of the facility exterior as it is situated within the structure or building, or that of the adjoining property upon written permission from that property owner(s), or unless specifically authorized to do so by the city;

 (2) Tables, chairs, benches and barriers must be consistent and compatible in style and color, be easily cleanable, made of metal or wood which may be painted, stained or covered with a plastic coating, and be of sufficient weight so as not to be moved by wind gusts of 40 miles per hour;

 (3) Notwithstanding Appendix A, Article XII, Section 16 of the Code of Ordinances of the City of Lewiston, the business name may be placed one or more times on barriers without a sign permit; however, may not display any other commercial logo or business other than the name and logo of the authorized establishment and those items being sold by the establishment;

 (4) Be temporarily removed in any instance where the objects or devices: restrict or prevent the city from conducting normal or emergency sidewalk maintenance operations or under any condition in which there is a request for temporary removal from the police department, fire department, public works department relating to maintenance or public safety activity; or removed in conjunction with special events; or removed per request or special order from the city administrator or city council to temporarily remove items in conjunction with special events;

 (5) Provide adequate trash receptacles;

 (6) Ensure that there is no less than four feet of passable area along the curb line of the street, clear of any obstructions, for pedestrians;

 (7) Comply with all applicable provisions of the City Code;

 (8) Any damage to public property, including but not limited to grease stain, shall be repaired by the public works department at the expense of the business at issue. 

(9) The police department, fire department, or public works department may prohibit any business from placing tables, chairs, and benches or displaying goods, articles, or merchandise on sidewalks or public ways in situations whereby such activity results in adverse impacts to adjoining businesses, pedestrians or motorists.

 (10) Whenever, in the opinion of the police department, fire department, public works department or designee, the obstruction does not conform to the conditions of this ordinance, the City shall order such establishment and property owner to conform to such conditions or to remove such obstruction and charge the cost thereof to the person responsible for the obstruction.

Sec. 66-38. Temporary signage. 

Any commercial establishment is permitted to place one temporary sign per business location on or above the sidewalk or public way (not used for vehicular traffic) that must:

 (1) Not exceed, relative to the entire sign structure, eight square feet per side consistent with the city sign ordinance, Appendix A, Article 12, section 16(C)(2) a.2; 

(2) Not display any other commercial logo or business other than the name and logo of the authorized establishment and those items being sold by the establishment; 

(3) Be placed in a manner which provides for no less than four feet of passable area for pedestrians nor in a manner which creates an obstruction interfering with vehicular traffic site lines; 

(4) Must be of sufficient weight so as not to be moved by under normal meteorological conditions; 

(5) Be temporarily removed in any instance where the objects or devices: Restrict or prevent the city from conducting normal or emergency sidewalk maintenance operations or under any condition in which there is a request for temporary removal from the police department or fire department relating to public safety activity; or removed in conjunction with special events, or removed per request or special order from the city administrator or city council to temporarily remove items in conjunction with special events; 

(6) Comply with all applicable provisions of the City Code; 

(7) Shall only be placed during operational hours and must be removed at the end of operational hours each day.

Ordinance may be reviewed at https://www.lewistonmaine.gov/DocumentCenter/View/226/Chapter-66?bidId 

04/14/2023

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