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.