Senate committee substitute makes a technical change to the second edition.
Summary date: Apr 18 2013 - View summary
Summary date: Apr 16 2013 - View summary
Senate committee substitute makes the following changes to the 1st edition.
Recodifies GS 136-27.3, enacted in this act, as GS 136-27.4. Makes conforming changes accordingly. Amends new GS 136-27.4 to replace the term "sidewalk dining" with the term "sidewalk dining activities," the latter of which is defined in this section. Clarifies that the restaurant operator is to provide evidence of adequate liability insurancein an amount that is not less than the amount specified by the local government under GS 160A-485 as the limit of the local government's waiver of immunity or the amount of tort claim liability specified in GS 143-299.2, whichever is greater. Provides that a local government may impose additional requirements on sidewalk dining activities on a case-by-case basis (was, local government and the Department of Transportation). Adds provisionthat sidewalk dining activities must atminimum comply with any other requirements deemed necessary by the Department of Transportation either for a local government or a particular component of the state highway system.Clarifies that nothing in this section requires a local government to issue or maintain any permit for sidewalk dining activities or the Department to give a local government the right to establish a permit program for sidewalk dining activities ifin the local government'sor the Department's opinionthe activities cannot be conducted in a safe manner.
Summary date: Mar 13 2013 - View summary
As title indicates.
Allows the Department of Transportation (Department) to enter into agreements with Apex and Cary and with the City of Raleigh to allow the use of state rights-of-way for sidewalk dining activities with the following requirements and conditions: (1) Tables, chairs, and furnishings are placed a minimum of six feet from travel lanes. (2) Tables, chairs, and furnishings are placed so that they leave at least five feet of unobstructed paved space of sidewalk and otherwise comply with the Americans with Disabilities Act (ADA). (3) Tables, chairs, and furnishings do not block driveways, alleyways, entrances or exits, fire hydrants or standpipes, utility accesses, ventilation areas, or ramps needed for the ADA. (4) Maximum posted speed of the roadway adjacent to the area used for sidewalk dining activities cannot exceed 45 mph. (5) Restaurant operator will provide evidence of adequate liability insurance. (6) Restaurant operator will provide an indemnity agreement and hold the Department or local government harmless. (7) Restaurant operator will provide copies of all required permits and licenses. (8) Restaurant operator will cease part or all sidewalk dining activities during times of construction, maintenance, or repair.
The Department or local governments can impose additional requirements on a case-by-case basis.
Amends GS 136-18(9), making clarifying, conforming, and technical changes to provide for the implementation and allowance of sidewalk dining activities.
This act does not preempt or override local ordinances currently in place.
Applies to the towns of Apex and Cary and to the City of Raleigh only.