Chapter 115 — FOOD ESTABLISHMENTS AND OUTDOOR DINING AREAS

It shall be unlawful for any person to maintain or operate a bakery, confectionery, candy factory, ice cream factory, soda fountain, restaurant, hotel, tavern, grocery, meat market, sausage factory, delicatessen, store, or other place in which food is prepared for sale, manufactured, packed, or stored, or otherwise disposed of, for human consumption or to vend or peddle from any wagon or other vehicle or from any basket, hand-steamer, or street stand any food products which are sold, or otherwise disposed of, for human consumption in the city without first having obtained a permit therefor from the Health Officer. The Health Officer shall not issue such permit unless the applicant therefor has complied with all the laws of the state and the county relative to the maintenance and operation of any such business or establishment which the applicant proposes to operate and maintain. The permit, when issued, shall be kept displayed in a prominent place on the premises of the person to whom it is issued. Such permit shall not be transferable.

('63 Code, § 5-3.01) (Ord. 2745, passed - - ) Penalty, see § 10.99

The provisions of this chapter shall not apply to any person engaged exclusively in selling, or otherwise disposing of fruits and vegetables which are grown by such person.

('63 Code, § 5-3.02) (Ord. 2745, passed - - )

Permit and inspection fees shall be in the amounts and payable at such times and manner as shall be provided under the laws of the county or the state. All fees shall be deposited in the County Treasury.

('63 Code, § 5-3.03) (Ord. 2745, passed - - ; Am. Ord. 236-C.S., passed 9-6-74)

Any permit issued pursuant to the provisions of this chapter may be temporarily suspended by the Health Officer upon the violation of any of the laws of the county or state, and, in the event of serious or repeated violations, such permit may be revoked by the Health Officer after a notice and hearing. Notice of the hearing for the revocation of a permit shall be given in writing by the Health Officer stating the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed to the permittee by registered mail at least five days prior to the date set for the hearing. ('63 Code, § 5-3.04) (Ord. 2745, passed - - )

(A) Purpose. To promote increased business and pedestrian traffic by providing safe and visually appealing opportunities to create outdoor dining areas on public sidewalks and public rights-of-way in commercial zone districts.

(B) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ESTABLISHMENT. A restaurant, bar, or other commercial establishment operating an outdoor dining area. IMMEDIATELY ADJACENT. Adjoining, abutting, or fronting.

INTOXICATING BEVERAGES. A beverage containing alcohol, including beer, wine, or spirits.

LICENSED ESTABLISHMENT. An establishment in which intoxicating beverages are permitted by the California Department of Alcoholic Beverage Control to be served and consumed.

OUTDOOR DINING AREA. Portions of the public sidewalk or public rights-of-way within a commercial zone district used

by an establishment for the serving and consumption of food and beverages, and including licensed establishment for the serving and consumption of intoxicating beverages.

• (C) Requirements. An outdoor dining area shall comply with all laws and licensing requirements, including but not limited to possession of the following:

• (1) A valid city business license; and

• (2) Licenses or permits to operate from the Humboldt County Environmental Health Department; and

• (3) If intoxicating beverages are to be served, a license from the California Department of Alcoholic Beverage Control.

• (D) Location.

• (1) All outdoor dining areas shall be located and operated immediately adjacent and incidental to an establishment.

(2) Unless otherwise permitted by the outdoor dining area permit, use of the public sidewalk and public right-of-way shall be confined to the actual public sidewalk and public right-of-way fronting the establishment and shall not encroach upon adjacent public sidewalk or public right-of-way.

• (E) Service and consumption.

• (1) Service and consumption of intoxicating beverages shall occur immediately adjacent to the licensed establishment only under the following conditions:

• (a) The establishment shall be in compliance with § 115.05(C) at all times; and

• (b) The intoxicating beverage must be served by the licensed establishment; and

• (c) The intoxicating beverage must be consumed inside the licensed establishment or within the boundaries of the outdoor dining area in compliance with a license issued by the California Department of Alcoholic Beverage Control; and

• (d) No patron or employee of a licensed establishment shall transfer or provide an intoxicating beverage to another person outside of the outdoor dining area; and

• (e) No patron may exit the licensed establishment or outdoor dining area in possession of an intoxicating beverage.

• (2) The use of non-disposable, reusable plastic or glass containers is highly encouraged, but the use of recyclable containers shall be allowed.

• (F) Health standards.

• (1) All exterior surfaces within the outdoor dining area shall be kept clean at all times.

• (2) Tables shall be bussed within five minutes of the patron leaving the outdoor dining area.

• (3) All trash shall be contained and immediately removed from the outdoor dining area.

• (4) The surface, furniture, and adjacent areas of the outdoor dining area, including without limitation the public sidewalk and public right-of-way, shall be maintained in a clean and safe condition at all times.

• (5) Restrooms for outdoor dining areas shall be provided and available within the establishment.

(G) Special closures. The city shall have the right at any time, and from time to time to prohibit the use of the public sidewalk and public right-of-way as an outdoor dining area. Such prohibitions may arise from but are not limited to, scheduled festivals and similar events, parades, marches, repairs to the street or sidewalk, or emergencies occurring within the area.

• (H) Permits, liability insurance, and indemnification.

(1) In order to operate an outdoor dining area, the owner of an establishment shall obtain an outdoor dining area permit issued by the city. The application for an outdoor dining area shall be processed by the city as an encroachment permit for the outdoor dining area.

• (a) The application shall be accompanied by a fee established by the city; and

• (b) Certificates of insurance, including General Liability and Worker's Compensation Insurance, with original authorized signatures, naming the City of Eureka as additional insured and providing the minimum insurance coverages required by the city.

(2) Licensed establishments serving intoxicating beverages shall execute a Hold Harmless and Indemnity Agreement in favor of the City of Eureka with regard to their services and consumption of intoxicating beverages. Such Hold Harmless and Indemnity Agreement shall include the employees and patrons of the licensed establishment.

• (I) Additional requirements.

• (1) Pursuant to Eureka Municipal Code Chapter 97, no smoking shall be allowed in outdoor dining areas.

• (2) The licensed establishment shall post signage, clearly visible to patrons stating that no intoxicating beverages shall be removed from or consumed outside of the outdoor dining area.

• (J) Penalty. Any violation of the provisions of this chapter may be prosecuted under the provisions of § 10.99 as a misdemeanor or infraction subject to the discretion of the City Attorney.

• (Ord. 823-C.S., passed 11-17-15)