E. Temporary electrical connections, such as extension cords, are not permitted.
F. Alcoholic Beverages may not be served or consumed in the sidewalk dining area.
G. Dancing is prohibited.
H. Amplified music is prohibited.
I. Dining activities must conclude by 10:00pm. Tables and chairs must be removed from the sidewalk by 10:30pm.
J. All exits and means of egress from establishments and businesses must be maintained and not obstructed in any manner.
K. Sidewalk dining activities must comply with all Use Permit and zoning requirements (parking, occupancy, etc.).
L. Only existing tables used inside the restaurant may be used for sidewalk dining unless additional parking and zoning approval is provided in accordance with the Municipal Code.
M. The portion of sidewalks used for dining must be cleaned regularly and consistent ly kept free of litter by the applicant.
N. The applicant must provide an insurance endorsement and complete a Hold Harmless agreement, to the satisfaction of the City Risk Manager.
O. The applicant must submit an application for a permit and pay an established permit fee as set forth by resolution of the City Council.
P. Permits are issued to business owners rather than property owners and are not considered an entitlement to the adjacent private property. New business owners must apply for a new permit.
7.36.170 Long-term Commercial Use Encroachment Permits
A. Commercial use of the public right of way requires City Council approval. Exceptions. The Director of Community Development may approve the following:
a. Sidewalk dining permits applicable to vehicular streets in conformance with Section 7 .36.110 of this chapter.
b. Building projections such as eaves, awnings, signs or elements that benefit the public and comply with applicable codes.
c. Roof access or other elements for existing buildings that are required by applicable codes, when alternative on-site locations are not feasible.
B. Commercial use of a walk street is prohibited. Existing long-term uses conducted on a walk street under the authority of an Encroachment Permit approved prior to January 21, 2003 may c ontinue to operate provided the use is not expanded or intensified. Expansion of intensification includes but is not necessarily limited to: increase of floor area or expansion of hours of operation, or addition of alcohol beverage service.
Created: 2025-12-09 11:42:57 [EST]
(Supp. No. 42)
7.36.170 Long-term commercial use encroachment permits.
A. Commercial use of the public right-of-way requires City Council approval.
Exceptions. The Director of Community Development may approve the following:
a. Sidewalk dining permits applicable to vehicular streets in conformance with Section 7.36.110 of this chapter.
b. Building projections such as eaves, awnings, signs or elements that benefit the public and comply with applicable codes.
c. Roof access or other elements for existing buildings that are required by applicable codes, when alternative on-site locations are not feasible.
Note: Any work performed in the public right-of-way requires a separate permit pursuant to the requirements as set forth in Chapter 7.16 of this Code.
B. Commercial use of a walk street is prohibited. Existing long-term uses conducted on a walk street under the authority of an Encroachment Permit approved prior to January 21, 2003 may continue to operate provided the use is not expanded or intensified. Expansion of intensification includes but is not necessarily limited to:
increase of floor area or expansion of hours of operation, or addition of alcohol beverage service. (§ 1, Ord. 2039, eff. February 18, 2003; Ord. No. 20-0010, § 9, eff. July 21, 2020)