Chapter 12.64 OUTDOOR DINING IN PUBLIC RIGHTS-OF-WAYON CITY
PROPERTY
The purpose of the regulations and standards in this chapter are to allow increased business and pedestrian traffic by providing safe and visually appealing opportunities for outsideoutdoor dining on city property.
12.64.020 Definitions.
“Administrative regulations” means the regulations developed by the Director in accordance with Section 12.64.030.
"City property” means any property in which the City has a real property interest, including rights of way, sidewalks, on-street parking spaces, plazas, and parks. “Director” means the Community Development Director of the City or a designee of the Community Development Director or the City Manager.
“Eating or drinking establishment” means a retail business selling food and/or beverages for on-premises consumption.
“Outdoor dining” means the use of sidewalks and public rights-of-waycity property by a eating or drinking establishment, for the outdoor service and consumption of food and/or beverages.
“Outdoor dining area” means the city property the permittee is authorized to use for outdoor dining pursuant to a permit issued in accordance with section 12.64.100. “Outdoor dining permit” means a permit for outdoor dining issued pursuant to section
12.64.100. An outdoor dining permit satisfies the permitting requirements under this chapter and chapter 12.12 of this code.
12.64.030 Administrative regulations; Outdoor dining permit—Encroachment permit required.
A. The Director may develop administrative regulations, subject to approval as to form by the City Attorney and approval by the City Manager, that implement the requirements of this chapter.
B. Outdoor dining without an outdoor dining permit issued pursuant to Section
12.64.100 is not allowed without an outdoor dining permit and an encroachment permit as set forth in Section 12.64.100prohibited.
12.64.040 Where outdoor dining in public rights-of-way is permitted.
A. Outdoor dining is prohibited where the speed, volume or nearness of vehicular traffic is not compatible with sidewalk dining. to the proposed outdoor dining area is incompatible with outdoor dining.
A.B. All outdoor dining areas must be adjacent to and incidental to the operation of an indoor restaurant. eating or drinking establishment. Use of the ATTACHMENT 3
sidewalk must be confined to the actual sidewalk and public right-of-way frontage of the indoor restaurant building.
12.64.050 Required sidewalk outdoor dining area width.
The outdoor dining area shall beOutdoor dining is permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed activity.outdoor dining area. The outdoor dining area shall leave not less than a five consecutive feetfoot wide path of sidewalk widthtravel at every point, which is clear and unimpeded for pedestrian traffic.
12.64.060 Alcoholic beverage restrictions.
The service of alcoholic beverages in the outdoor dining area shall be restricted solely to on-premises consumption by customers seated within the outdoor dining area.
EachAlcoholic beverage service within the outdoor dining area shall comply with each of the following standards apply to alcoholic service:
A. The outdoor dining area must be immediately adjacent to and abutting the indoor restaurant which provides it with food and beverage service; A. B. The outdoor dining area must be clearly separated from pedestrian and vehicle traffic;
B. C. The operator permittee shall post a written notice to customers that the drinking or carrying of alcoholic beverages in an open container of beer or wine is prohibited and unlawful outside the outdoor dining area; A.C. D. The outdoor dining operationThe permittee must be duly licensed by the State Department of Alcoholic Beverages Control . to serve alcoholic beverages in the outdoor dining area.
12.64.070 Health standards.
The operatorpermittee shall not permit the following outsidein the buildingoutdoor dining area: food preparation ,; tables preset with utensils, glasses, napkins, or condiments,; busing service stations ,; or trash and garbage storage. All exterior surfaces within the outdoor dining area shall be easily cleanable and shall be kept clean at all times by the permittee. Restrooms of sufficient capacity for both indoor and outdoor dining customers shall be provided in the adjoining indoor restaurant.eating or drinking establishment. The permittee shall be responsible for maintaining the outdoor dining area, including the sidewalk surface of the outdoor dining area and furniture and adjacent areas in a clean and safe condition.
12.64.080 Hours of operation.
Outdoor cafésdining areas may operate between 7:00 a.m. and 10:00 p.m.
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12.64.090 Special closures.
A. Outdoor dining is an interruptible or terminable privilege. The city shall have the right and power, acting through the City Manager and designeeDirector, to prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems or conflicts inshould the city require the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to,city property for any public purpose, including scheduled festivals and,parades, marches or other similar events , or parades or marches, or; repairs to the street or sidewalk, or fromcity property or improvements, utilities or facilities located therein; demonstrations or emergencies occurring in the area. To the extent possible, the permittee shall be given prior written notice of any time period during which the operation of the outdoor dining area will be prohibited by the city.
B. In After conducting a public hearing, the Assistant City Manager for Development Services may approve, conditionally approve, or deny, an outdoor dining permit, and authorizeevent the Public Works Director to issue an encroachment permit to implement the outdoor dining permit. An approval city requires removal of an outdoor dining permit shall be based on findings that, in the discretionall or a portion of the Assistant City Manager for Development Services, the proposed permittee’s equipment or facilities within the outdoor dining area pursuant to subsection A above, the permittee shall remove such equipment or facilities at its sole cost and expense upon written notice from the Director. If the permittee does not remove the equipment or facilities from the outdoor dining area within the time period stated in the City’s written notice, or if there is an emergency requiring the city to immediately access or use the outdoor dining area, the city may remove the equipment or facilities in the outdoor dining area. The permittee shall pay the city all costs incurred for the city’s removal of the equipment or facilities within the outdoor dining area within thirty (30) days of receipt from the city of a list of itemized removal costs incurred by the city, including city staff time. The permittee shall be solely responsible for securing or reinstalling the facilities or equipment removed by the city within the outdoor dining area and for expenses associated with repairs or replacement of such facilities or equipment.
12.64.100 Permit issuance—Findings, and conditions and fees.
A. The Director may approve, or conditionally approve an outdoor dining permit if the Director finds that the proposed outdoor dining operation as conditioned meets the requirements of this chapter and chapter 12.12 , as well as any other relevant city laws or regulations. Conditions of approval for an
B. An outdoor dining permit may include those conditions of approval determined by the Assistant City Manager for Development ServicesDirector to be warrantednecessary to meet the requirements of this chapter and chapter 12.12, including the following requirements:
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1. A. Protect Conditions for the protection of public safety and publiccity property and improvements;.
2. B. The Conditions to ensure the design and signage meetof the outdoor dining area meets the requirements of this code;.
3. C. Restoration of Conditions requiring restoration of the condition and appearance of the sidewalkcity property on termination of use;.
1.4. An indemnification and hold harmless clause in athe form acceptable to the City Attorney, and the permit shall require documentation of adequaterequired by the administrative regulations.
2.5. Conditions requiring the permittee to obtain and maintain insurance in accordance with city policies. (O2008 8)the form and amount required by the administrative regulations.
C. The permittee shall pay permit fees in the amounts established by City Council by resolution.
A.D. An outdoor dining permit is non-transferable to another person, entity or location.
12.64.110 Permit term renewal.
The maximum term of an outdoor dining permit is one year. Thereafter, the Assistant City Manager for Development Services may extend the permit for additional periods, not to exceed one year each, following review and approval of the operation, pursuant to the considerations set forth in Section 12.64.100. The Assistant City Manager for Development Services is authorized to impose additional or revised conditions on the extension, pursuant to the considerations set forth in Section 12.64.100. (O2008 8)
12.64.1210 Permit revocation or modification.
An outdoor dining permit may be revoked by the Assistant City Manager for Development Services The Director may revoke or modify an outdoor dining permit at any time following notice to the permittee and a noticed public hearing. The permit may be revoked if the Assistant City Manager for Development ServicesDirector finds thatany of the following:
A. The permittee has violated one or more conditions of the outdoor dining permit or of this chapter have been violated, or that;
B. The permittee is operating the outdoor dining area is being operated in a manner which constitutes a nuisance, or that the;
C. The permittee’s operation of the sidewalk caféoutdoor dining area unduly impedes or restricts the movement of pedestrians past the outdoor dining area. ;
D. The city requires the use of the outdoor dining area for a public purpose; E. The permittee’s operation of the outdoor dining area unduly interferes with the City’s or public’s use of the city property;
F. There is a change in and/or intensification of the outdoor dining operations; ATTACHMENT 3
G. The permittee’s operation of the outdoor dining area unduly interferes with the operations of an adjacent business; or
H. There is a change in applicable law or regulations.
12.64.120 Restoration of outdoor dining area.
The permittee or owner of the property on which the eating or drinking establishment is located shall restore the outdoor dining area to pre-permit conditions upon revocation of the outdoor dining permit, or permittee’s vacation of the outdoor dining area. If restoration is not completed in a timely manner, the Director may provide written notice to the owner of the property and/or the permittee that the outdoor dining area requires restoration. The notice shall advise that, should the restoration fail to be completed within the date set forth in the notice, the restoration work may then be completed by the city or the city’s contractor at the expense of the permittee and the property owner.
12.64.130 Appealsprocedure.
An action by the Director to deny an application for an outdoor dining permit, or to revoke an outdoor dining permit in accordance with section 12.64.110, may be appealed by the applicant or permittee in accordance with the provisions set forth in chapter 1.26.
In accord with the following provisions, any applicant or interested person dissatisfied with any action taken under this chapter may appeal such action and decision:
A. Appeals from a decision of the Assistant City Manager for Development Services in taking any of the actions authorized by this chapter shall be made to the Planning Commission through the Community Development Director;
B. Unless otherwise indicated, all appeals shall be made in writing and state the reason(s) for appeal. This accompanied by the appropriate fee, must be received by the Planning Director not later than 10 calendar days following the date of action from which such appeal is being taken. Once filed, appeals may be withdrawn only at a public hearing and with the approval of the hearing body;
C. The receipt of a written appeal shall stay all actions, or put in abeyance all permits or other discretionary approvals, which may have been granted, pending the effective date of the decision of the body hearing the appeal;
D. Appeals shall be scheduled for the earliest regular meeting of the hearing body, not less than 15 days or more than 45 days after the date of filing of an appeal, consistent with the agenda preparation procedures and schedule of the hearing body; E. All appeals shall be considered in a public hearing, consistent with the procedures set forth in Title 17 of this code. All decision-making bodies hearing appeals shall consider the project in its entirety, or de novo. (O2008 8) ATTACHMENT 3