Chapter 12.25 — TEMPORARY OUTDOOR DINING PERMIT

for outdoor dining.

A. Restaurants desiring to use parking space on city street or city-owned public property for
outdoor dining may apply for a temporary outdoor dining permit from the community
development department.

B. If approved through issuance of a temporary outdoor dining permit under this chapter, the
use of parking space on city street or city-owned public property for outdoor dining shall
be temporary and subject to modification or cancellation by the city at any time with
reasonable notice to the permittee.

C. No real property interest or right is provided, given, or otherwise conveyed to any person
or entity using parking space on city street or city-owned public property for outdoor dining
under this chapter.

D. The use of parking space on city street or city-owned public property for outdoor dining
shall not interfere with vehicular and pedestrian traffic, or access under the Americans with
Disabilities Act.
(Ord. 1332 § 2, 2022)

A. No outdoor dining in parking space on city street or city-owned public property shall be allowed without a valid temporary outdoor dining permit.

B. The permit application shall be on a form prescribed by the community development
department and shall include necessary plans and supporting materials of the proposed
location and layout and any information deemed necessary by the department to determine
compliance with applicable building and fire codes and accessibility requirements.

C. The permit application shall be deemed incomplete without payment of a nonrefundable
permit fee (site design review fee) established by resolution of the city council.

D. All temporary outdoor dining permits also require approval of an encroachment permit and
payment of applicable fee adopted by resolution of the city council.

E. The community development department shall, in consultation with the public works
department, parks and recreation department, fire department and police department
determine the suitability and appropriateness of the proposed use and design of parking
space on city street or city-owned public property requested by the restaurant for outdoor
dining.

F. The permittee shall comply with the requirements of this chapter and all conditions
specified in the permit.

G. Temporary fencing not exceeding three feet tall to separate the outdoor dining area from
vehicular and pedestrian traffic shall be placed in a safe manner around the outdoor dining
area. Exceptions may be granted for taller fencing if required by other outside agency such
as the Department of Alcoholic Beverage Control (ABC).

H. No permanent item or structure may be installed on city streets or city-owned public
property.

I. Permittee shall comply with all applicable state and county laws and regulations pertaining
to outdoor dining, including but not limited to sale and consumption of alcoholic beverages.

J. Permit issued under this chapter is temporary, modifiable and cancelable at any time upon
notice to the permittee, valid for twelve months upon issuance unless canceled, and
renewable subject to verification of compliance of the permit conditions by the community
development department. Application for a temporary outdoor dining permit and
encroachment permit is required for permit renewal, along with payment of applicable
permit fees.

K. The use permitted under this chapter shall cease upon cancellation of the permit, and the
permittee shall return public property to the condition existing at the time of permit
issuance within seven calendar days of receiving cancellation notice.

L. For purposes of this chapter, “permittee” shall include the person or entity receiving the
permit and the restaurant entity, business, or organization operating under the permit.
(Ord. 1332 § 2, 2022)

Permits issued pursuant to this chapter are not transferable to another location. (Ord. 1332 § 2, 2022)

A. The community development director may modify conditions imposed on permits issued under this chapter with notice to the permittee.

B. The community development director may cancel any permit issued under this chapter for
the following reasons:

1. Failure to comply with any condition imposed on the permit.

2. Failure to comply with any provision under this chapter.

3. The outdoor dining has been conducted in a manner contrary to the application and
approval granted in the permit.

4. The outdoor dining operation poses a danger or hazard to vehicular or pedestrian
traffic, or the public, or interferes with access under the Americans with Disabilities
Act.

5. The permittee or his/her/its employees or agents have failed to comply with all
applicable federal, state, and local laws, rules, or regulations in connection with the
outdoor dining operation.

6. The applicant has knowingly made a false statement of material fact or has knowingly
omitted a material fact in the application.

C. The director’s determination to cancel the permit shall be in writing, setting forth the
reasons for said determination.

(Ord. 1332 § 2, 2022)

A. The permittee shall maintain in full force and effect, at its sole cost and expense, commercial general liability insurance coverage for claims of bodily injury and property damage liability not less than one million dollars for each occurrence and provide the city with an additional insured endorsement and primary and noncontributory endorsement naming the city of Folsom and its officers, agents and employees as additional insured.

B. The permittee shall protect, defend, indemnify, save and hold the city and its officers, agents, and employees harmless from any and all claims, demands, lawsuits, or causes of action for death or injury to persons, or damage to property resulting from intentional or negligent acts, errors, or omissions of the permittee or its employees, contractors, and agents, or from any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct, negligent acts, or omissions of the permittee or its employees, contractors, or agents, or by the permittee’s operation under the permit. (Ord. 1332 § 2, 2022)