Chapter 17.116
SIDEWALK CAFE
Sections:
17.116.010 Purpose and intent. Revised 3/17
17.116.050 Review of application.
17.116.070 Amendment of existing permits for service of alcohol.
17.116.080 Special findings—Service of alcohol.
17.116.090 Conditions and restrictions.
17.116.100 Special conditions—Service of alcohol.
17.116.110 Sidewalk cafe permit fee.
17.116.010 Purpose and intent.
The sidewalk cafe regulations as established in this chapter are intended to encourage the establishment of sidewalk cafes in the city of Winters, to provide for the creation of a more urban pedestrian environment, and to promote and protect the public health, safety, and general welfare. These goals include among others the following specific purposes:
A. To encourage and promote sidewalk cafes as visual amenities which in turn intensify pedestrian activity and make street life more attractive;
B. To enhance the character of the city of Winters; and
C. To ensure adequate space for pedestrians on the sidewalk adjacent to sidewalk cafes. (Ord. 2016-10 § 3 (part): Ord. 2009-02 § 2 (part))
17.116.020 Definitions.
The definitions set forth in this section shall govern the application and interpretation of this chapter.
“Permanent food service establishment” shall mean an establishment licensed by the Yolo County environmental health department for which the principal use is the service of prepared food and beverages in a permanently constructed structure. Examples include restaurants, cafeterias, markets, delis, and bakeries.
“Premises” shall mean a restaurant, as defined in Section 17.08.030(R), and any sidewalk cafe as authorized by this chapter.
“Sidewalk” shall mean that part of the public right-of-way dedicated to pedestrian circulation.
“Sidewalk cafe” shall mean a dining area located partially or wholly on a public sidewalk or parkway. (Ord. 2009-02 § 2 (part))
17.116.030 Permit required.
No owner or operator of a permanent food service establishment shall erect, place or maintain in or upon any sidewalk or parking contiguous or adjacent to said permanent food service establishment umbrellas, tables, benches, chairs and other portable appurtenances for the purpose of serving to customers thereon, food and/or beverages for consumption at such sidewalk tables, benches, or chairs, unless such owner or operator has obtained a sidewalk cafe permit approved by the community development director. (Ord. 2009-02 § 2 (part))
17.116.040 Application.
The application for a permit to establish a sidewalk cafe shall contain the following information and any additional information as required by the community development director:
A. The name, date of birth, driver’s license number, and mailing address of the applicant.
B. The name and address of the restaurant seeking a sidewalk cafe permit.
C. The hours that the area is to be occupied as a sidewalk cafe.
D. A detailed drawing to scale of the proposed site indicating the following: the existing facade; the points of ingress and egress; and the proposed location, the number, and the arrangement of umbrellas, tables, chairs, serving equipment, planters, awnings, lighting, delimiting ropes or chains and other facilities to be included in the cafe operation. The detailed scale drawing must indicate the location of the existing public improvements including the following: fire hydrants, streetlights, street signs, trees, tree grates, planting boxes and/or planting areas, and any other public or private obstruction. A plat survey may be required.
E. A menu of the proposed food and beverages to be served at the sidewalk cafe.
F. A copy of a valid business license and, if applicable, a copy of a valid state liquor license for the permanent food service establishment.
G. An acknowledgement that the applicant has received, reviewed, and understood the regulations pertaining to sidewalk cafes.
H. A sidewalk cafe permit application fee as established by resolution of the city council.
I. A copy of a permit to operate a food service establishment from the Yolo County environmental health department. (Ord. 2009-02 § 2 (part))
17.116.050 Review of application.
The community development director shall consider the following factors in the review of the permit application:
A. The convenience and safety of pedestrians, property owners, occupants, customers, residents, or tenants of offices, stores, shops or dwellings in the vicinity;
B. Dimensions of the sidewalk, especially in relation to the size and width of the proposed sidewalk cafe;
C. Location of nearby fire hydrants, utility poles, sign poles, and trees;
D. Applicable state and federal law accessibility requirements; and
E. Other unique or special factors that may be relevant to the particular location. (Ord. 2009-02 § 2 (part))
17.116.060 Findings.
The community development director may issue a permit for establishment of a sidewalk cafe after holding a noticed public hearing and only upon making the following findings:
A. Establishment of a sidewalk cafe at the proposed location will not create a nuisance by causing excessive noise or light; interfering with the use and enjoyment of adjacent properties; unduly restricting pedestrian use of the sidewalk; or in other ways that are adverse to the public health safety or general welfare;
B. Establishment of a sidewalk cafe at the proposed location will enhance the character of the surrounding area;
C. The sidewalk cafe, as proposed, adequately protects the convenience and safety of pedestrians, property owners, occupants, customers, residents or tenants of offices, stores, shops or dwellings in the vicinity; and
D. The sidewalk cafe will not cause a negative cumulative effect when considered in conjunction with the cumulative effect of other sidewalk cafes in the immediate neighborhood. (Ord. 2009-02 § 2 (part))
17.116.070 Amendment of existing permits for service of alcohol.
Existing sidewalk cafe permits may be amended to authorize service of alcoholic beverages by submitting a new permit application in accordance with the provisions of this chapter. The findings previously made pursuant to Section 17.116.060 may be reconsidered. (Ord. 2009-02 § 2 (part))
17.116.080 Special findings—Service of alcohol.
The service of alcoholic beverages at a sidewalk cafe shall be authorized by the community development director only if the following are made:
A. The applicant is licensed to serve alcohol by the California State Department of Alcoholic Beverage Control; and
B. The applicant is in compliance with all conditions and restrictions of his or her state liquor license. (Ord. 2009-02 § 2 (part))
17.116.090 Conditions and restrictions.
The issuance of a permit to establish a sidewalk cafe shall be subject to the following minimum conditions and restrictions, together with such other conditions as may be deemed necessary in order to fulfill the general purposes of this chapter. The community development director may, in issuing a permit, impose more stringent conditions or supplement these conditions and restrictions as necessary.
A. At all times, the operator of a permanent food service establishment that has been issued a sidewalk cafe permit must:
1. Maintain a clear distance of a minimum of five unobstructed feet in width, measured from the sidewalk curb and from any public improvements within the right-of-way, including, but not limited to, signs, and planters or the ropes or chains delimiting the sidewalk cafe area as indicated on the approved permit;
2. Not interfere with the passage of pedestrians, vehicle flow, or access to buildings;
3. Not place sidewalk tables, benches, or chairs in a location that interferes with the operation of fire hydrants, pedestrian crosswalks, intersections, or in a location that is harmful to trees or other plantings;
4. Not utilize any of the required or nonrequired parking space area for sidewalk tables, benches, chairs, or other furniture and materials associated with the sidewalk cafe;
5. Comply with applicable state and federal laws regarding accessibility;
B. Equipment for the service of customers, including but not limited to trays or carts, eating or drinking utensils, linens, and cooking appliances, shall not be placed or maintained on any portion of the sidewalk, unless the sidewalk cafe is adequately separated from pedestrian traffic;
C. All umbrellas, tables, chairs and other portable appurtenances shall be removed from the sidewalk cafe at the end of each business day at the hour specified in the permit;
D. At least one covered outdoor trash container shall be provided in the sidewalk cafe area during the hours of operation and shall be maintained in a clean and sanitary condition;
E. The permittee shall maintain the sidewalk cafe in a clean and sanitary condition at all times;
F. At no time shall any music or other sound originating from any part of the premises create a nuisance;
G. The permittee must at all times comply with all federal, state, and local laws, including those laws regarding the operation of the premises, and the sale, service and consumption of alcohol;
H. The applicant shall submit to the city manager a signed agreement, in a form approved by the city attorney, to defend, indemnify, save, and hold harmless the city and all of its officers, agents, or employees from any liability for damages resulting from any and all operations under a permit granted pursuant to this chapter;
I. Each permittee shall, at his or her own cost and expense, obtain and maintain in full force and effect necessary insurance coverage for the full term of the permit or any renewal thereof. The insurance coverage shall include a certificate of insurance covering the period of the outdoor operations, including coverage of comprehensive general liability insurance and other appropriate coverage as determined by the city. The level of coverage shall be in the amount to be determined by the city manager, in consultation with the city attorney. The city is to be named as an additional insured on the face of the certificate. Any changes or cancellations shall require that the city be notified in writing at least thirty (30) days prior to the effective date of the change or cancellation;
J. No permit issued under this chapter may be transferred or assigned, except upon prior written approval of the community development director;
K. No public sidewalk shall be painted, landscaped or altered in any way without prior written approval of the community development director and city engineer;
L. The permit does not constitute a deed or grant of an easement by the city and is revocable or may be suspended by the community development director at any time, with or without cause;
M. A sidewalk cafe shall not be open for business when the interior part of the permanent food service establishment is not open for business. (Ord. 2009-02 § 2 (part))
17.116.100 Special conditions—Service of alcohol.
A. The applicant must remain in full compliance with all provisions of this chapter;
B. No person shall serve alcoholic beverages at a sidewalk cafe unless and until the permittee has obtained a state liquor license and a permit from the community development director specifically authorizing the service of alcohol at the sidewalk cafe;
C. Alcoholic beverages shall be consumed only on the permittee’s premises. The permittee shall not allow patrons to leave the confines of the premises with any alcoholic beverage and shall not allow patrons to give or sell alcoholic beverages to any person outside the premises; and
D. The sidewalk cafe shall maintain full food service and shall operate as a restaurant at all times that it is in operation. No sidewalk cafe may function as a bar. (Ord. 2009-02 § 2 (part))
17.116.110 Sidewalk cafe permit fee.
Each permanent food service establishment operating a sidewalk cafe shall pay an annual sidewalk cafe permit fee as established by resolution of the city council. (Ord. 2009-02 § 2 (part))