The sidewalk cafe/outdoor seating regulations as established in this chapter are designed to allow sidewalk cafes/outdoor seating on private and public property in locations where they are determined to be appropriate by the City and to promote and protect the public health, safety, general welfare and amenity. These general goals include, among others, the following specific purposes:
A. To provide adequate space for pedestrians on the sidewalk adjacent to the sidewalk cafes, and to insure access to adjacent commercial and retail uses.
B. To promote sidewalk cafes/outdoor seating as useful and properly planned visual amenities which better relate to the streetscape.
C. To promote the desirable use of land and buildings and thereby protect the City's tax revenue.
As used in this chapter, the following terms shall have the meanings indicated:
OUTDOOR DINING AREAS A. An outdoor dining area, located on public property, which is public through dedication or easement, or public right-of-way that provides waiter or waitress service and contains tables, chairs, railings and may contain planters. "Outdoor dining" is defined as an open air space without a fixed roof (besides a temporary or seasonal awning or cover). All roadway and sidewalk seating elements must be removed when a City agency, utility company, or other contractor needs to access the space for installation or repair. This includes, but is not limited to, tents, barriers, tables, chairs, and portable heaters.
B. In addition, roadway seating elements need to be removed during the snow season when roadway dining is suspended. Roadway and sidewalk seating elements must also be removed to facilitate routine and emergency tree work, regardless of whether the City has provided advanced noticed for emergency work.
Any person who shall violate any of the provisions of this chapter shall be liable to prosecution in the City Court and/or any court of competent jurisdiction and shall, upon conviction thereof, be liable for a fine of up to $250. Each and every day such violation continues shall be deemed a separate violation.
Any license granted under the provisions of this chapter may be suspended or revoked by the Director of the Building and Safety Department for cause. The licensee may request a hearing before the Director of the Building and Safety Department or his designee within five days of receipt of notice of suspension or revocation. Any such hearing shall be held after reasonable written notice by the Director of the Building and Safety Department to the licensee of the violations, and the licensee shall have the right to be represented by counsel, present evidence on his or her behalf and confront the evidence against him or her. Cause for revocation or suspension of a temporary license shall be any condition that may endanger the health and safety of the public.