(a) A permit for smoking in an outdoor customer dining area may be issued, after application to the Community Development Director, only if it is determined that all conditions in Section 6-5.110(b) are satisfied.
(b) Mandatory conditions that a restaurant shall comply with to receive a permit for allowing smoking in outdoor customer dining areas.
(1) The outdoor customer dining area has been permitted by an entitlement approved by the City.
(2) The approved perimeter of the outdoor customer dining area is not within twenty-five (25’) feet of any area where smoking is prohibited by Section 6-5.103(a), except the restaurant where the outdoor customer dining area is located, and also that it is not located within twenty-five (25’) feet of any outdoor customer dining area where smoking is prohibited.
(3) During the period of time that smoking is allowed, the approved perimeter of the outdoor customer dining area may not be within twenty-five (25’) feet of an entrance or exit of another business and/or occupant that is opened for business, based on that other business' or occupant's regular operational hours.
(4) All doors into the restaurant within twenty- five (25’) feet of the outdoor customer dining area where smoking is allowed must be self-closing and have a seal around the door to keep smoke from entering the restaurant when the door is closed.
(5) The outdoor customer dining area is not a common dining area serving more than one (1) restaurant.
(6) The outdoor customer dining area is not enclosed by a temporary canopy and side panels.
(7) A sign is placed at all entrances into the outdoor customer dining area from the restaurant, with letters not less than one (1”) inch in height, stating that smoking is allowed.
(c) Revocation. The City may revoke any permit approved pursuant to Section 6-5.110(a) upon a verified violation of any condition as set forth in Section 6-5.110(b), which has not been corrected within the time specified in the notice of violation. Any notification of revocation shall be provided in writing to the permit holder stating the specific condition(s) violated.
(d) Appeal. Any administrative decision to deny or revoke a permit under this section may be appealed pursuant to Title 1, Chapter 4, Article 1. An appeal may only be granted if the denial or revocation was the result of a mistake in a factual administrative determination regarding the permit application.
(e) Fees. The Community Development Department is hereby authorized to collect an application processing fee and, where applicable, an appeal fee, as set by Council resolution, to offset the cost of processing.
(§ 4, Ord. 1505-NS, eff. October 9, 2008)