Section 24-207. GENERAL CONDITIONS OF USE OF SURFACE SPACE  


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    207.1Each permit to use surface space under the authority of this chapter shall be subject to the conditions set forth in this section.

     

    207.2Public space shall be rented only to the owner of the abutting private property. The owner may sublet that space to his tenant upon filing a copy of the rental agreement for said public space with the Director as set forth in § 201.

     

    207.3The space shall only be used for the activity or activities specified on the permit, in-accordance with the requirements of these and any other applicable regulations.

     

    207.4The use of any space is temporary, and the user acquires no right, title, or interest in the space he or she is permitted to use.

     

    207.5The United States and the District, and the officers and employees of these governments, shall be held harmless for any loss or damage arising out of any use of public space, or the discontinuance of any use, whether the loss or damage is suffered by the permittee, the United States, the District, or by some third person.

     

    207.6The Director may require any space to be vacated upon demand, and its use discontinued. In either case, the permittee has no recourse against either the United States or the District for any loss or damage occasioned by any requirement to vacate or discontinue use of any public space.

     

    207.7If a permittee does not vacate or discontinue the use of the public space by the time specified by the Director, the Director may remove from the space any property left on it. Removal shall be at the risk and expense of the owner.

     

    207.8Any awning, umbrella, or other covering extending over or used on a surface space shall be flame-proofed; and the arrangement of any furniture or other property placed on a surface space shall be in accordance with a plan proposed by the applicant, recommended by the Director, and approved by the Committee.

     

    207.9The permittee shall remove promptly any litter deposited on or in the vicinity of the surface space used by him or her, that results from the activity or activities conducted by the permittee on the space or on any area adjoining the space.

     

    207.10The permittee shall, at all times, conduct all activities in an orderly fashion.

     

    207.11The permittee shall, under permit duly issued by the District, provide lighting facilities adequate to light the activity or activities conducted by the permittee on the surface space during the evening or night.

     

    207.12The space shall be used for business purposes only during the hours specified on the permit authorizing use, and neither before nor after such hours.

     

    207.13The permittee shall post the permit issued to him or her for the use of surface space in a conspicuous location on the front of the premises occupied by the permittee, either on the exterior of the premises, or in a location where it may be seen from the exterior of the premises. The permit shall be located and lighted so as to be readily legible to a person on the public space in front of the premises.

     

    207.14No food may be consumed on public space unless table service is provided by a waiter or waitress, or unless an attendant is assigned to the area for maintenance purposes during all times the area is occupied by patrons.

     

source

Article 43, §§ 3(j)(1)-(11), (14-15) of the Police Regulations (May 1981); as amended by § 6(b) of Enclosed Sidewalk Cafe Act of 1982, D.C. Law 4-148, 29 DCR 3361, 3367 (August 6, 1982).