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 outdoor dining.
(Ord. 4820, 1993)
means the use of City sidewalks and public rights-of-way
for the consumption of food or beverages in conjunction with the operation
of a food service establishment properly licensed for such service
under state and county health regulations and which provides on-premises
customer seating.
(Ord. 4820, 1993)
A.
Outdoor
dining is not allowed without an outdoor dining license agreement
with the City as set forth in this chapter.
B.
The
owner or operator of a business or service which includes outdoor
dining shall maintain such operation in compliance with all provisions
of the outdoor dining license and the administrative regulations approved
pursuant to this chapter.
(Ord. 4820, 1993; Ord. 5130, 1999)
Outdoor dining is not permitted where, in the opinion of the
City Engineer, the speed, volume or nearness of vehicular traffic
is not compatible with outdoor dining. All outdoor dining areas must
be adjacent to and incidental to the operation of a food service establishment
providing on-premises customer seating properly licensed for such
service pursuant to state and county health regulations. Use of the
sidewalk or public right-of-way must be confined to the actual sidewalk
and public right-of-way frontage of the restaurant or food service
building.
(Ord. 4820, 1993)
Outdoor dining is permitted only where, in the opinion of the
City Engineer, the sidewalk is wide enough to adequately accommodate
both the usual pedestrian traffic in the area and the operation of
the proposed outdoor dining. Along State Street, between Cabrillo
Boulevard and Victoria Street, the outdoor dining area shall leave
not less than eight consecutive feet of sidewalk width which is clear
and unimpeded at all points for pedestrian traffic. Outdoor dining
operations must maintain adequate clearance for all normal uses of
the sidewalk and any special or occasional uses that may arise from
time to time.
(Ord. 4820, 1993; Ord. 5013, 1997; Ord. 5047, 1998; Ord. 5130, 1999)
The service of alcoholic beverages shall be restricted solely
to on-premises consumption by customers within the outdoor dining
area. Each of the following standards apply to outdoor dining areas
which provide alcoholic beverage service:
A.
The
outdoor dining area must be immediately adjacent to and abutting an
indoor restaurant which provides food and beverage service;
B.
The
outdoor dining area must be clearly and physically separated from
pedestrian traffic;
C.
The
operator shall post a written notice to customers that the drinking
or carrying of an open container of alcohol is prohibited outside
the outdoor dining area;
D.
The
outdoor dining operations must be duly licensed by the state Department
of Alcoholic Beverage Control.
(Ord. 4820, 1993)
Outdoor dining is an interruptible or terminable license granted
by the City pursuant to a contract. The City shall have the right
and power, acting through the City Engineer, to prohibit the operation
of an outdoor dining area at any time because of anticipated or actual
problems or conflicts in the use of the sidewalk area or right-of-way.
Such problems and conflicts may arise from, but are not limited to,
scheduled festivals and similar events, or parades or marches, or
repairs to the street or sidewalk, or from demonstrations or emergencies
occurring in the area. To the extent possible, the licensee 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.
(Ord. 4820, 1993)
The City Engineer may issue an outdoor dining license pursuant
to administrative regulations issued by the Public Works Director
and approved by resolution of the City Council. At a minimum such
regulations shall determine and require the following:
A.
The
approval and execution of a standard license agreement in a form acceptable
to the City Attorney;
B.
Proof
of insurance naming the City as an additional insured acceptable to
the Risk Manager;
C.
Special
site conditions as needed or desirable;
D.
Whether
the design for seating and signage meets the minimum standards of
the established administrative regulations;
E.
Such
other conditions as are necessary for public safety or to protect
public improvements, such as the posting of appropriate security to
guarantee the restoration of the right-of-way upon termination of
the license;
F.
Conditions
necessary to restore the appearance of the sidewalk or right-of-way
on termination of use;
G.
Compliance
with the applicable City building, zoning and design review requirements,
particularly those requirements with respect to automobile parking;
H.
Payment
of an annual license fee for use of the sidewalk or right-of-way in
an amount established by resolution of the City Council;
I.
The
payment of an appropriate license application fee in an amount established
by resolution of the City Council;
J.
Adequate
setback and clearances for all expected pedestrian uses of the sidewalks,
as well as for unusual or occasional public uses that can be anticipated.
(Ord. 4820, 1993; Ord. 5130, 1999; Ord. 5891, 2019)
The maximum term of an outdoor dining license is one year; thereafter,
the City Engineer may extend the license for additional periods, not
to exceed one year each, following review and approval of the operation.
If the City
Engineer considers additional or revised conditions desirable,
such new conditions may be imposed upon the extension, including the
imposition of a license renewal fee.
(Ord. 4820, 1993)
