Chapter 11.26
OUTDOOR SIDEWALK DINING
Sections:
11.26.020 Permit – Application.
11.26.040 Report and recommendation of city planner.
11.26.050 Permit – Director’s authority to issue and set conditions.
11.26.060 Minimum sidewalk clearance.
11.26.070 Limited to restaurants that serve food.
11.26.080 Limitations on outdoor dining facilities.
11.26.090 Indemnification and insurance.
11.26.100 No live entertainment or amplified music.
11.26.110 Notice of violation and/or termination.
11.26.140 Violation – Penalty.
11.26.150 Violation – Other remedies.
11.26.010 Permit – Required.
Any person desiring to erect, construct, place or maintain an encroachment upon any public sidewalk for outdoor sidewalk dining facilities must first obtain an annual outdoor sidewalk dining permit pursuant to this chapter. Each applicant for an annual permit shall comply with the requirements of this chapter and any other applicable laws. (Ord. 10-1987 § 6, 2010.)
11.26.020 Permit – Application.
The director shall establish an application form for an annual sidewalk dining permit, including any application materials deemed necessary to enable complete review of the application. (Ord. 10-1987 § 6, 2010.)
11.26.030 Permit – Fee.
Each applicant for an annual outdoor sidewalk dining permit under this chapter shall pay a nonrefundable permit application fee as established from time to time by resolution of the city council. Each holder of such permit shall be required to submit a renewal application along with a nonrefundable renewal application fee as established from time to time by resolution of the city council each year to obtain a new annual permit. (Ord. 10-1987 § 6, 2010.)
11.26.040 Report and recommendation of city planner.
The director shall transmit a copy of each application for an annual outdoor sidewalk dining permit to the chief of police and city planner. The chief of police and/or city planner may require of the applicant such additional information pertinent to the outdoor sidewalk dining permit as they may deem necessary, and shall advise the director in writing of all material facts which they consider necessary for determining whether an outdoor sidewalk dining permit should be approved, approved with conditions or denied. (Ord. 10-1987 § 6, 2010.)
11.26.050 Permit – Director’s authority to issue and set conditions.
The director in acting upon any application for an annual outdoor sidewalk dining permit shall either approve, approve with conditions, or deny the issuance of a permit based on the following principles and standards:
A. That the proposed use of the public sidewalk is in compliance with all applicable provisions of this chapter;
B. That the proposed use of the public sidewalk is so arranged as to ensure the protection of public health, safety and general welfare and prevent interference with users of the highway right-of-way and with holders of other similar permits; and
C. That the proposed outdoor sidewalk dining and the abutting restaurant will comply with the provisions and development standards prescribed in CMC Title 17, or as prescribed by the city planner. (Ord. 10-1987 § 6, 2010.)
11.26.060 Minimum sidewalk clearance.
Sidewalk dining facilities shall not be permitted on sidewalks which are less than 10 feet wide. All outdoor sidewalk dining facilities shall be located at least five feet from the curb and any sidewalk obstruction which shall include, but not be limited to, street light poles, trees, sign posts, news racks, mail boxes, and utility poles. (Ord. 10-1987 § 6, 2010.)
11.26.070 Limited to restaurants that serve food.
All permits issued pursuant to this chapter shall be limited to outdoor sidewalk dining facilities established in conjunction with and abutting restaurants that serve food. (Ord. 10-1987 § 6, 2010.)
11.26.080 Limitations on outdoor dining facilities.
All outdoor dining facilities shall be placed, installed, used or maintained as follows:
A. All outdoor dining furnishings and equipment such as chairs, tables, fences, planters and such related furnishings and equipment shall not exceed 48 inches in height;
B. Notwithstanding subsection (A) of this section, any umbrella used in conjunction with the aforementioned furnishings and equipment or any portable heater may exceed 48 inches in height if the umbrella or heater does not encroach upon the air space required in the five-foot sidewalk clearance area referred to in CMC 11.26.060;
C. No items of furnishings or equipment, including but not limited to umbrellas, chairs, tables, fences, planters and related furnishings and equipment, shall be attached to the sidewalk or sidewalk surface, nor shall any of those items cause damage to the sidewalk in any manner, unless otherwise authorized by separate encroachment permit pursuant to Chapter 11.08 CMC;
D. Outdoor sidewalk dining shall only be allowed between the hours of 6:00 a.m. and 11:00 p.m., unless otherwise authorized by separate encroachment permit pursuant to Chapter 11.08 CMC;
E. All sidewalk dining furnishings and equipment must be removed and the sidewalk kept clear of all obstructions between the hours of 11:00 p.m. and 6:00 a.m., unless otherwise authorized by separate encroachment permit pursuant to Chapter 11.08 CMC;
F. The maximum number of tables, chairs or other items of furnishings or equipment allowed under any permit shall be consistent with the provisions of this chapter and any other applicable laws. The decision of the director with regard to the total number of tables, chairs or other items of furnishings or equipment which may be permitted under the permit granted hereunder shall be final. (Ord. 10-1987 § 6, 2010.)
11.26.090 Indemnification and insurance.
As a condition of the issuance of an annual outdoor sidewalk dining permit, the permit holder shall defend, indemnify and hold harmless the city, its officers, officials, agents and employees, and shall present, along with each application or renewal application for an annual permit, evidence of liability insurance in a form and in an amount acceptable to the director. (Ord. 10-1987 § 6, 2010.)
11.26.100 No live entertainment or amplified music.
No live entertainment or amplified music shall be permitted in any outdoor sidewalk dining area established pursuant to this chapter. (Ord. 10-1987 § 6, 2010.)
11.26.110 Notice of violation and/or termination.
A. If the director believes that a permittee is in violation of the provisions of this chapter, the director may issue a notice of violation to the permittee. The notice shall be served on the permittee, either in person or by first class mail. The notice of violation shall set forth the basis for the violation and indicate that the permit is subject to termination unless, within 10 calendar days of service of the notice, the violation is either corrected or an appeal is requested pursuant to CMC 11.26.130.
B. If the director determines that a permittee:
1. Has committed a violation of this chapter; or
2. Will not be able to continue to meet the requirements of this chapter because of a proposed public highway right-of-way improvement;
the director shall notify the permittee, either in person or by first class mail, that the permit will be terminated. The notice of termination shall be served on the permittee, either in person or by first class mail. The notice shall indicate that the permit is subject to termination unless, within 10 calendar days of service of the notice, an appeal is requested pursuant to CMC 11.26.130.
C. Notices made pursuant to any section of this chapter shall be deemed served and effective upon the date the notice is provided in person or by facsimile machine, or two calendar days after sending by first class mail. The failure of any person to receive a notice shall not affect in any manner the validity of any proceeding or action under this chapter. (Ord. 10-1987 § 6, 2010.)
11.26.120 Impoundment.
A. The director may impound any furnishings and equipment believed to be in violation of this chapter if the furnishings and equipment are deemed a hazard to public health, safety or welfare. Before impounding any furnishings or equipment the director shall provide not less than 10 calendar days’ notice prior to impoundment. The notice shall set forth the basis for the impoundment and shall also notify the permittee of its appeal rights as set forth in CMC 11.26.130.
B. If, however, the violation constitutes an immediate threat to the public health, safety or welfare, the director may impound furnishings and equipment without any advance notice to the permittee. In such case, written notice of the impound shall be served to the permittee of record not later than two working days after the impoundment. The notice shall inform the permittee of the right to seek the return of the impounded furnishings and equipment and the right to appeal the director’s decision as set forth in CMC 11.26.130.
C. Notices made pursuant to any section of this chapter shall be deemed served and effective upon the date the notice is provided in person or by facsimile machine, or two calendar days after sending by first class mail. The failure of any person to receive a notice shall not affect in any manner the validity of any proceeding or action under this chapter.
D. The permittee or, if there is no permittee, a claimant who provides sufficient proof of ownership of impounded furnishings and equipment may, no later than 30 calendar days after impoundment or, if an appeal has been filed, not later than 30 calendar days after any such appeal becomes final, obtain a return of the furnishings and equipment, upon paying an impound fee as established from time to time by the city council, plus the reasonable cost, if any, of impounding the furnishings and equipment in excess of the impound fee established by the city council. The furnishings and equipment shall be returned without payment of any impound fee or costs if so determined by the director or on appeal.
E. If any furnishings and equipment are impounded for more than 30 calendar days after impoundment or, if an appeal has been filed, for more than 30 calendar days after the appeal becomes final, then the director may cause the sale or disposal of the impounded furnishing and equipment. (Ord. 10-1987 § 6, 2010.)
11.26.130 Appeal.
A permittee or person responsible for furnishings and equipment governed by this chapter may appeal any denial of a permit, notice of violation, notice of termination or impoundment as provided in Chapter 11.54 CMC. (Ord. 10-1987 § 6, 2010.)
11.26.140 Violation – Penalty.
Any person who violates this chapter shall be guilty of a misdemeanor. (Ord. 10-1987 § 6, 2010.)
11.26.150 Violation – Other remedies.
The provisions of this chapter are cumulative to any other remedies authorized by law. (Ord. 10-1987 § 6, 2010.)