Kingsburg Municipal Code Ch. 12.10 Outdoor Dining Areas

Footnotes:

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Editor's note— Ord. No. 2014-03, § 1, adopted June 4, 2014, amended former Ch. 12.10, §§ 12.10.010—12.10.110, in its entirety to read as herein set out. Former Ch. 12.10 pertained to similar subject matter and derived from Ord. No. 2007-01, § 1, 2007; Ord. No. 2010-02, § 3, 7-21-2010.

The purpose of this chapter is to promote increased business and pedestrian traffic by providing safe and visually appealing opportunities to create outdoor dining areas on public sidewalks and public right-of-way in commercial zone districts. The provisions of this chapter do not apply to and do not restrict the use of outdoor areas, including, without limitation, outdoor cafes located upon the premises of an establishment where food and beverages, including alcoholic beverages are served and consumed.

(Ord. No. 2014-03, § 1, 6-4-2014)

As used in this chapter:

"Alcoholic beverages" means only beer and wine.

"Establishment" means a business location: (i) whose principal use is the serving of food to the general public and where serving of wine and beer is an accessory use; and (ii) whose principal use is the serving of alcoholic beverages to the general public and where serving of food is an accessory use.

"Outdoor dining area" means the use of portions of public sidewalks and public rights-of-way areas within a commercial zone district used by an establishment for the serving and consumption of food and beverages, including alcoholic beverages.

(Ord. No. 2014-03, § 1, 6-4-2014)

All outdoor dining areas must be located and operated adjacent to and incidental to the operation of an establishment. Use of the public sidewalk and public right-of-way must be confined to the actual public sidewalk and public right-of-way frontage of an establishment and must not encroach upon adjacent public sidewalk or public right-of-way. An outdoor dining area shall be restricted as follows:

A. Use of the public sidewalk and public right-of-way area for an outdoor dining area is permitted only where the public sidewalk and public right-of-way is wide enough to allow for a minimum of five (5) consecutive feet of sidewalk width at every point in front of the establishment which is clear and unimpeded for pedestrian and wheelchair traffic.

B. The outdoor dining area must be clearly delineated from pedestrian traffic with a minimum thirty (30) inch to a maximum thirty-six (36) inch tall removable open style railing, fence or roped boundary or plants and flowers in ornamental planter boxes and pots that are architecturally compatible with the structure housing the establishment.

(Ord. No. 2014-03, § 1, 6-4-2014)

The service of alcoholic beverages and its consumption by customers in an outdoor dining area is permitted only upon the satisfaction of the following conditions:

A. The outdoor dining area must be immediately adjacent to the establishment and located upon the public sidewalk and public right-of-way frontage of the establishment.

B. The operator of the establishment shall post a written notice to customers as approved by the city which states the drinking and carrying of an alcoholic beverage is prohibited outside of the outdoor dining area.

C. The service of alcoholic beverages in the outdoor dining area must be licensed by the California Department of Alcoholic Beverage Control and comply with all other laws and licensing requirements.

D. Such other conditions as the city may deem necessary, including, without limitation, conditions to ensure the public health and safety and protection of public improvements.

(Ord. No. 2014-03, § 1, 6-4-2014)

Prior to serving any food or beverages in an outdoor dining area, the outdoor dining area must be inspected and approved by the Fresno County health department. All exterior surfaces within the outdoor dining area shall be kept clean at all times. Restrooms shall be provided in the adjoining establishment. The operator shall maintain the outdoor dining area, including without limitation, the public sidewalk and public right-of-way surface and furniture and adjacent areas, in a clean and safe condition at all times.

(Ord. No. 2014-03, § 1, 6-4-2014)

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 in the area.

(Ord. No. 2014-03, § 1, 6-4-2014)

In order to operate an outdoor dining area, a person must obtain an outdoor dining area permit issued by the city. The application for an outdoor dining permit shall be processed by the city as a certificate of occupancy for the outdoor dining area. The application for the outdoor dining permit shall be accompanied by a filing fee established by the city and an accurate drawing showing the configuration of the outdoor dining area, including without limitation, table placement and the method of separating the outdoor dining area from pedestrian traffic along the public sidewalk and public right-of-way. The following conditions must be satisfied before an outdoor dining permit can be issued:

A. The proposed operation of the outdoor dining area satisfies all of the applicable provisions of this chapter.

B. An outdoor dining area shall have approximately the same floor elevation as the adjacent public sidewalk or public right-of-way area.

C. Except as required by Section 12.10.040, no signage is allowed in the outdoor dining area except for one (1) menu display sign no larger than four (4) square feet per face. Signs with more than two (2) faces are prohibited. Only plain unmarked umbrellas may be used in an outdoor dining area. Professionally designed temporary special for the day sign may be permitted up to a total of two (2) square feet in area.

D. The applicant shall execute an indemnity agreement in a form provided by the city pursuant to which applicant agrees to indemnify, defend and hold the city and its officials, officers, employees and agents harmless from any and all claims, damages, costs, including reasonable attorney fees, and losses arising from, or in any way related to the applicant's operation of the outdoor dining area.

E. The applicant shall maintain, at all times during which the outdoor dining permit is in effect, a policy of general comprehensive liability insurance with limits as approved by the city and insuring against injury or death to persons and claims of property damage resulting from the applicant's use of its outdoor dining area. The city and its officials, officers, employees and agents shall be named as additional insureds under such insurance policy.

F. Such other conditions as the city may deem necessary, including, without limitation, hours of use of the outdoor dining area and conditions to ensure the public health and safety, and protection of public improvements.

G. No merchandise of any kind shall be displayed in the outdoor dining area except as specifically allowed by the outdoor dining permit.

H. The applicant will use the outdoor dining area only during the normal business hours of the establishment, except that the use of the outdoor dining area on Monday thru Friday shall not begin until 4:30 p.m.

(Ord. No. 2014-03, § 1, 6-4-2014)

An outdoor dining permit is personal to the applicant and may not be transferred, assigned or conveyed to any other person. An outdoor dining permit shall terminate on the date the applicant no longer operates the outdoor dining area or discontinues the use of the outdoor dining area for a continuous twelve (12) month period. If a dispute arises as to the date of termination, the decision of the city as to the date of termination shall be final and binding upon the applicant.

(Ord. No. 2014-03, § 1, 6-4-2014)

The city shall provide written notice to an applicant of any violation of its outdoor dining permit. Such written notice shall identify the violations of the outdoor dining permit and any provisions of this chapter. The applicant shall have seven (7) days after the date of such written notice to cure the violations identified in the written notice. If the violations are not cured to the satisfaction of the city within said seven-day period, the applicant's outdoor dining permit shall automatically terminate without further action by the city and the applicant shall immediately discontinue use of the outdoor dining area. If the city, in its sole discretion, determines that the continued operation of an outdoor dining area is an immediate threat to public health or safety, the city may immediately, and without written notice and opportunity to cure, revoke the outdoor dining permit. If an outdoor dining permit is terminated or revoked pursuant to this section, the city shall not process an application for an outdoor dining permit for that same manager/owner of the establishment for a period of six (6) months after the date of termination or revocation.

(Ord. No. 2014-03, § 1, 6-4-2014)

Within ten (10) days following the date of a decision pertaining to an outdoor dining application or permit, the decision may be appealed to the city council by the applicant. Any decision by the city council shall be final and binding. An appeal application and required fee shall be filed with the community development department and shall state specifically the basis for the appeal.

(Ord. No. 2014-03, § 1, 6-4-2014)

The code enforcement officer for the city, or its designee, or the chief of police for the city, or its designee is hereby authorized to enforce the provisions of this chapter in accordance with the applicable provisions of Chapter 17.92 of Title 17 of the Kingsburg Municipal Code.

(Ord. No. 2014-03, § 1, 6-4-2014)