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488 PUBLIC HEARING: INCREASING FEES FOR SIDEWALK CAFES ORDINANCE: VENDOR AND SIDEWALK CAFI2 AMENDMENTS (2nd reading) Mr. Tolbert said the ordinance has been amended to read that for cafds with space over 800 square feet, space will not be reallocated unless the business is sold, and to increase cafd fees from $2 to $3 per square feet. He said requiring vendors to be 15 feet from business fronts is being addressed by having designated vendor spaces. Mr. Lynch said we should make sure vendors have Virginia sales tax collection licenses in place when they get a City license. The public hearing was opened, but as there were no speakers, the public hearing was closed. Mr. Lynch said this ordinance satisfies the majority and returns fees to the City in a fair manner. Mr. Lynch made a motion to approve the amended vendor and sidewalk cafd ordinance and new fee schedule, and Mr. Caravati seconded the motion. Mr. Schilling said that one concern he has with the ordinance is the requirement that people on the mall for community or political reasons have to comply with design guidelines. He said he is not sure that needs to be regulated and he would like us to strike that regulation. Mr. Tolbert said that while that requirement is new in the ordinance, it is something that the City has been requiring. He said it gives City staff the ability to give them the rules when they want to set up a table. He noted there is no charge. Mr. Schilling said the ordinance says that a stand is defined as a chair. He said he does not think it is a good idea to limit people in this way. Mr. Caravati asked if there any design restrictions on chairs, and Mr. Tolbert said no. Dr. Brown asked about table requirements, and Mr. Tolbert said tables are required to have dark tablecloths that go to the ground. Dr. Brown asked how long it takes to get a certificate, and Mr. Tolbert said it can be instantaneous if appropriate is in the office. Mr. Schilling said a lot of these type of activities are spontaneous, and he does not see limiting speech or handing out of literature. Mr. Lynch said since they are not selling anything, he is not sure they have to get a certificate of appropriateness. Mr. Tolbert said that everyone who has a table is required to get a certificate of appropriateness. He said it was put in the ordinance to clarify the requirement. He said it has never been an issue with anyone. Ms. Hamilton said Mr. Schilling's point is well taken, but she is comfortable as to the intent. Dr. Brown agreed with Ms. Hamilton. He said valid concerns have been expressed and if we hear that the ordinance inhibits people Council can revisit the matter. He said it is a tool to enable us to make sure people are in the right places on the mall. Councilors agreed to amend the ordinance by the following vote. Ayes: Dr. Brown, Mr. Caravati, Ms. Hamilton, Mr. Lynch. Noes: Mr. Schilling.