"Fully enclosed building,"
as used in this chapter, means a permanently located structure, having a roof and four walls all of which conform to the Uniform Building Code, as adopted by Section 15.04.010 of this code.
"Outdoor restaurant,"
as used in this chapter, means any public eating place which provides facilities for, or permits, consumption of food products or beverages on any portion of such premises not within a fully enclosed building.
(Prior code § 9-1500)
The city council finds as follows:
A. 
That "outdoors restaurants," as defined herein, exist in the city in close proximity to residences of inhabitants of the city;
B. 
That restaurants which provide facilities for, or permit consumption of food or beverages outdoors attract large numbers of people who congregate and loiter about the premises;
C. 
That operation of said outdoor restaurants in the nighttime hours has contributed to numerous and repeated instances of disturbance of the peace and quiet of the vicinity in which they are located and the creation of public nuisances;
D. 
That the public health, safety and general welfare require that outdoor restaurants be regulated by the city;
E. 
That the regulations herein prescribed as necessary and appropriated for the promotion of the public health, safety and general welfare, and are the least burdensome and most reasonable that can be devised to accomplish the end desired.
(Prior code § 9-1501)
No person shall operate or cause to be operated or participate in the operation of any outdoor restaurant between the hours of eleven p.m. and six a.m. of the next succeeding day and between the hours of twelve p.m. on Friday and Saturday and six a.m. of the next succeeding day without a permit from the city council to do so having first been obtained. No person, having obtained such permit, shall operate an outdoor restaurant between eleven p.m. and six a.m. of the next succeeding day and between the hours of twelve p.m. on Friday and Saturday and six a.m. of the next succeeding day while such permit is suspended or after such permit has been revoked.
(Prior code § 9-1502)
The permit required by Section 5.66.030 shall be in addition to any and all other requirements of this code applicable to food establishments and vendors, and nothing contained in this chapter shall be construed to relieve any applicant from fully complying therewith.
(Prior code § 9-1503)
Any permit issued pursuant to the requirements of this chapter shall continue in full force and effect until the thirty-first day of December of the year in which said permit is issued, unless suspended or revoked as hereinafter provided prior to said date.
(Prior code § 9-1504)
The application for a permit required by this chapter shall be made and signed by the person intending to operate such outdoor restaurant and shall be filed with the director of licensing and code enforcement and shall contain the following information:
A. 
The name and address of the applicant;
B. 
The name and address of the person by whom the applicant is employed, if any;
C. 
The name and address of the owner, or in the event more than one natural person is financially interested in the proposed outdoor restaurant, the names and addresses of all owners, partners, officers and directors of the applicant;
D. 
A personal description of the applicant;
E. 
The nature of the business for which the permit is requested;
F. 
The proposed hours of operation.
(Prior code § 9-1506.; Ord. 1284 § 1, 1983; Ord. 1903 § 1, 2007)
Upon receipt of an application for a permit required by this chapter from an applicant not then holding a valid permit for the operation of an outdoor restaurant within the city, the city council shall cause the city manager and the chief of police to make an investigation of the applicant, the neighborhood and vicinity where such outdoor restaurant is or is proposed to be located, and the past and anticipated characteristics of the intended use of the premises involved. Within thirty days after receipt of such application the city council shall issue the permit if it finds:
A. 
That the application is complete and proper in form and all statements therein are true and correct; and
B. 
That the proposed outdoor restaurant will create no apparent danger to the health and safety of the neighborhood or the city; and
C. 
That the conducting of the proposed outdoor restaurant at the location and during the hours applied for will not result in disturbing the peace and quiet of the neighborhood or vicinity in which such restaurant is located; and
D. 
That the intended use of the premises for which the permit is sought will not conflict with any laws of the state or ordinances of the city.
(Prior code § 9-1507)
If the city council finds that one or more of the requirements set forth in Section 5.66.080 will not be satisfied in the operation of the proposed outdoor restaurant, it shall refuse to issue the permit; provided, however, that the city council may issue the permit upon the imposition of reasonable conditions which shall appear on the face of such permit, and which, if complied with by the applicant, will bring the proposed operation into compliance with all of the requirements set forth in Section 5.66.080. Violation of any of the conditions imposed upon the issuance of a permit pursuant to this section shall be a violation of this code and shall subject the offender or offenders to the penalties provided for in Section 1.20.010 of this code.
(Prior code § 9-1508)
Upon receipt of an application for renewal of a permit required by this chapter prior to the expiration thereof, by a person then holding a valid permit which has not been suspended or revoked, the director of licensing and code enforcement shall issue a renewal permit for the ensuing year to the permittee named therein upon the same conditions, if any, then appearing on the permit to be renewed, without first referring the matter to the city council. The duty enjoined upon the director of licensing and code enforcement by this section is a ministerial duty to reissue permits which have not been revoked or suspended and which have not expired. Any application for renewal of a permit following the expiration thereof shall be treated as an original application for a new permit.
(Prior code § 9-1509.; Ord. 1284 § 1, 1983; Ord. 1903 § 1, 2007)
Whenever any permit shall be issued by the city council or the director of licensing and code enforcement under the terms of this chapter, the same may be revoked at any time thereafter by the city council. The city council may revoke or suspend a permit at any time the council becomes satisfied that the conduct of such business does or will in any manner endanger the public welfare or that the same has been conducted in an illegal, improper or disorderly manner, or that the requirements stated in Section 5.66.080 are not being satisfied in the operation of the outdoor restaurant. The city council may revoke or suspend permits issued for any outdoor restaurant where the proprietor or the person in charge thereof violates or permits any infraction of any law of the state or any of the provisions of this code. No permit for any outdoor restaurant shall be revoked or permanently suspended by the city council under the terms of this chapter unless the permittee shall be adjudged guilty of a misdemeanor hereunder or unless at least ten days' written notice of a public hearing thereon setting forth the reasons for said public hearing shall be first given the permittee; provided, however, that any such permit may be temporarily suspended without such notice of hearing by the city council.
(Prior code § 9-1510.; Ord. 1284 § 1, 1983; Ord. 1903 § 1, 2007)