§ 19-3.1.8. Forms and conditions of permit.

(a)

The permit issued shall be personal to the permittee only and is not transferable in any manner. Each permit issued shall terminate December 31st of the year in which it is issued. There is no proration.

(b)

The permit may be temporarily suspended by the director if the public interest requires use of the right-of-way for a public event, public emergency, construction, repair, or any other purpose related to the public health, safety or welfare.

(c)

The permit is specifically limited to the area approved or as modified by the director, and will include a diagram indicating the area approved for the café, the manner or demarcation and the location of the tables and materials permitted to be in the right-of-way. The director shall perform annual reviews upon renewal for conformance.

(d)

The public way, and all things placed there shall at all times be maintained in a clean and orderly condition by the abutting property owner or occupant. Only those things authorized by the permit and shown on the diagram may be stored in the public right-of-way when the sidewalk café is not in operation. Should the permittee not utilize the sidewalk as authorized for a period of 48 hours or more, all the tables and materials shall be removed therefrom.

(e)

Only one menu board shall be permitted per outdoor café within the permitted area, and its maximum size shall not exceed four square feet, and is not to be considered as part of any signage package or permit.

(f)

Sidewalk cafés shall meet all requirements of the South Carolina Department of Environmental Control and Department of Revenue.

(g)

The City of Myrtle Beach has the right to repeal or amend this or any section and thereby terminate or modify all sidewalk café operations. No permittee shall obtain any property right in the continued private commercial use of the public sidewalk.

(h)

Music, voice, sound, and noise of all kinds are regulated by section 14-62 of the Myrtle Beach Code, provided however there can be no speakers directed toward the public or amplified sound south of 7th Avenue North on boardwalk adjacent cafés to be located on existing soft encroachments.

(Ord. No. 2010-17, 2-9-10)