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)