§ 17.44.115  OUTDOOR DINING.
   (A)   Purpose.  The purpose and intent of this section is to provide regulations for outdoor dining operated in conjunction with permanent commercial restaurant and food uses. The design of all furniture and related items placed outside should contribute in a positive way to the visual appearance of the community.
   (B)   The provisions of this section are applicable to outdoor dining located on or adjacent to public sidewalks as well as privately-owned walkways in shopping centers.
   (C)   Review and permit required.  The Development Review Committee shall review all requests and approve, approve with conditions or deny all outdoor dining permits. The Planning Commission shall review, approve, approve with conditions or deny all requests for the serving of alcoholic beverages. The Business License Officer shall issue outdoor dining permits approved by Development Review Committee. Such permits shall be valid for one year, unless revoked as provided in this chapter.
   (D)   Submittal requirements.
      (1)   Outdoor-area site plan/table floor plan.
      (2)   Dining furniture and outdoor improvements (table size, material, umbrella size, type and landscaping).
      (3)   Type of portable delineation (i.e. post and rope).
   (E)   Renewal process. The Business License Officer shall renew the outdoor dining permit if the outdoor dining has been operated in compliance with this code and conditions of approval. The required insurance shall be submitted to the Business License Officer as part of the yearly renewal. If the business has not operated the outdoor dining in compliance with this code or permit, the request shall be referred to the Development Review Committee for review and determination.
   (F)   Outdoor dining requirements.
      (1)   Outdoor dining—no alcoholic beverages permitted.  Outdoor dining permitted by this section shall be subject to the following standards:
         (a)   The owner shall provide clean, attractive, serviceable and sturdy furniture.
         (b)   Decorative umbrellas and tablecloths are encouraged.
         (c)   A minimum, unobstructed pedestrian clearance of at least 48 inches in width shall be maintained along the entire length of the sidewalk. The Development Review Committee may require more clearance area based on the location of sidewalk obstructions and pedestrian traffic volumes.
         (d)   Power washing shall be required for the outdoor dining area a minimum of one time per month. Any modification to this standard shall be reviewed and approved by the Public Works Director.
         (e)   Encourage attractive portable delineation of outdoor dining areas such as theater-style posts and swag roping, decorative picket fencing, potted plants, and the like.
         (f)   Consumption of alcoholic beverages in conjunction with outdoor dining as described in this section shall be prohibited.
         (g)   Minimum liability insurance as required by the city and naming the city as an additional insured shall be required and approved by the city's Risk Manager.
         (h)   No music or entertainment is permitted outdoors without separate approval from DRC.
         (i)   Outdoor dining furniture shall be placed to maintain a minimum clearance of at least 12 inches from the curb.
         (j)   Chairs and tables shall be arranged so as to be parallel to the sidewalk, in order to prevent chairs from encroaching into the required pedestrian clearance area on the sidewalk.
         (k)   Outdoor dining shall not be allowed next to the curb where there are parallel parking spaces. Where the street parking spaces are angled, sufficient access from the parking to the sidewalk shall be provided, as determined by the Director of Community Development, the Planning Commission, or the City Council.
      (2)   Outdoor dining—alcoholic beverages permitted.  In addition to the requirements contained in division (F)(1) of this section, the outdoor dining businesses which allow the sale service or consumption of alcoholic beverages shall comply with the following:
         (a)   Business shall be approved by the city as a “Bona Fide Eating Place” as defined by ABC, and the business shall be operating as such.
         (b)   Provide attractive wrought iron or other approved furniture.
         (c)   Attractive portable delineation of outdoor dining areas such as theater-style posts and swag roping, decorative picket fencing, potted plants, and the like shall be required.
         (d)   Alcohol shall not be served after 11:00 p.m. Monday through Thursday and Sunday, and not past 12:00 midnight Friday and Saturday.
         (e)   Serving of alcoholic beverages in the outdoor dining setting must be accompanied by the sale of food based on the everyday dining menu. Alcoholic beverages cannot be sold or consumed in the outdoor dining area to a patron who is not seated or to anyone when the restaurant kitchen is closed.
      (3)   Miscellaneous.  Outdoor dining improvements may be permanent and/or fixed to the ground in specified locations as determined by the Development Review Committee.
   (G)   Fees required.  Outdoor dining permit and renewal fees shall be established by resolution of the City Council.
   (H)   Calls for review.  The City Manager, Community Development Director, Public Works Director, and Police Chief may call up for review the outdoors dining permit of any business due to noncompliance with any of the conditions of approval.
   (I)   Revocation of outdoor dining permit.  The Development Review Committee may revoke an outdoor dining permit. Violation of any of the following constitute ground for revocation:
      (1)   When the continuation of the outdoor dining permit would be contrary to the public health, safety or welfare.
      (2)   The misrepresentation of a material fact by an applicant in its application.
      (3)   Notice to make those corrections from the city.  A nuisance shall include but not limited to loitering, littering, litter and poor site maintenance, public drunkenness, defacement and damaging of structures, pedestrian obstructions as well as traffic circulation and parking, noise problems on public sidewalks and streets.
      (4)   Violation of any condition of the outdoor dining permit.
      (5)   Violation of any municipal, state or federal laws.
      (6)   Poorly maintained outdoor dining premises (i.e. litter, poorly maintained improvements, and the like).
   (J)   Revocation hearing.  At least seven days prior to the Development Review Committee revocation hearing, notice shall be mailed to the applicant.
   (K)   Appeals.  Decisions of the Development Review Committee may be appealed to the Planning Commission within ten days after notification of the Committee's decision as mailed to the applicant. Decisions of the Planning Commission may be appealed to the City Council as provided in § 2.52.070 of this code.
(`83 Code, § 17.44.115)  (Ord. 95-14 § 1, 1995; Ord. 98-01, § 1, 1998; Ord. 2002-08, §§ 6 - 9, 2002)