For purposes of carrying out the intent of this chapter, the following words, phrases, and terms shall have the meanings set forth herein unless a different meaning is clearly intended by the use and context of the word, phrase, or term.
"City Manager"means the City Manager as defined in Chapter
2.04 of this Code, or designee.
"Licensee"means a person with whom the City has executed a seasonal right-of-way agreement under this chapter or any lawful successor, transferee, or assignee of such person.
"Person"means any person, business, firm, corporation, or other legal entity who places, constructs, owns, controls, operates, manages, or uses any structure in, upon, or across any public right-of-way. For the purposes of this chapter, person does not include any local agency as defined by Government Code Section
54980.
"Public right-of-way"means the area in, upon, above, beneath, or across any public street, road, lane, court, alley, boulevard, sidewalk, median, parkway, or easement for vehicular travel within the City.
"Seasonal right-of-way agreement"means the authorization from the City to a person under this chapter giving the person a non-exclusive right to occupy certain space in, upon, or across any public right-of-way for the purpose of providing a specified service between June 1 and October 31.
"Seasonal outdoor business use"means the activity of certain authorized restaurants to conduct business within the public right-of-way, such as outdoor dining, for a limited term, subject to a seasonal right-of-way agreement between the City and the restaurant.
"Seasonal Outdoor Business Program Guidelines"means the materials promulgated by the City Manager, or designee, that control the Seasonal Outdoor Business Use Program, including, but not limited to, the criteria for considering an application for a seasonal right-of-way agreement, the required contents of a seasonal right-of-way agreement, and the requirements for all licensees operating under the Seasonal Outdoor Business Use Program. The Seasonal Outdoor Business Program Guidelines shall be approved by resolution of the City Council.
"Structure"means any physical installation or personal property placed in the public right-of-way by a private business, including, but not limited to, "parklets," furniture, chairs, tables, umbrellas, dining fixtures, heaters, barriers, fencing, tents, signs, and decorations.
(Ord. 1338 § 1, October 3, 2022)