Los Angeles County Municipal Code Ch. 16.27 Outdoor Dining

Any person desiring to erect, construct, place, or maintain an encroachment upon a highway (as defined in Section 16.04.100 of this Division 1 of Title 16), including a public sidewalk, a public alley, or a public street, for outdoor dining, must first obtain an annual outdoor dining permit from the Commissioner pursuant to this Chapter. Each applicant for an annual outdoor dining permit shall comply with the requirements of this Chapter and any other applicable laws.

(Ord. 2024-0003 § 2, 2024; Ord. 96-0051 § 2 (part), 1996.)

A.

Applicant. "Applicant" means a person or entity applying for a permit for outdoor dining upon a highway, including a public sidewalk, a public alley, or a public street, pursuant to this Chapter.

B.

Outdoor Dining. "Outdoor dining" is defined as use of an outside area that is located adjacent to a restaurant establishment for the same eating and drinking activities that occur within the establishment. The outdoor dining area could be located upon those portions of a highway that comprise a public sidewalk, an on-street public parking area, and/or a public alley.

C.

Owner. "Owner" means the party responsible for the outdoor dining who is authorized to control and maintain the outdoor dining areas.

D.

Permittee. "Permittee" means any person or entity granted a permit pursuant to this Chapter.

E.

Restaurant. "Restaurant" means a food establishment, including, but not limited to, a food establishment also serving alcohol, in unincorporated Los Angeles County, that maintains all required permits and approvals, including, but not limited to, a County business license, a valid Public Health Permit, and a conditional use permit, as applicable. All permits issued

pursuant to this Chapter shall be limited to outdoor dining facilities established in conjunction with and adjacent to restaurants that serve food and currently maintain a valid County business license and Public Health permit.

(Ord. 2024-0003 § 3, 2024.)

The Commissioner shall establish an application form for an annual outdoor dining permit, including any application materials deemed necessary to enable complete review of the application.

A.

Application submittal. An application for outdoor dining shall contain all information required by this Chapter, including compliance with all applicable design standards and guidelines and permit conditions, and payment of all application fees required pursuant to this Division 1 of Title 16.

B.

Design Standards and Guidelines. The Commissioner may develop and issue design standards and guidelines and permit conditions for outdoor dining to implement the provisions of this Chapter, which will be found on the Commissioner's public- facing website. The permit application for outdoor dining shall demonstrate compliance with the applicable design standards and guidelines and permit conditions posted on the website.

(Ord. 2024-0003 § 4, 2024; Ord. 96-0051 § 2 (part), 1996.)

The director shall transmit a copy of each application for an annual outdoor sidewalk dining permit to the director of regional planning (the "planning director"). The planning director may require of the applicant such additional information pertinent to the outdoor sidewalk dining permit as the planning director deems necessary, and shall advise in writing the director of all material facts which the planning director considers necessary for determining whether an outdoor sidewalk dining permit should be approved, approved with conditions or denied.

(Ord. 96-0051 § 2 (part), 1996.)

Prior to the issuance of an annual outdoor dining permit, the applicant shall obtain all other required County, State, federal, and public agency permits and approvals, as applicable, including those described in the design standards and guidelines.

(Ord. 2024-0003 § 5, 2024.)

The Commissioner, in acting upon any application for an annual outdoor dining permit, shall either approve, approve with conditions, or deny the issuance of a permit based on whether, or the degree to which, the following standards/conditions are met:

A.

The proposed use of the public sidewalk, public street, or public alley is in compliance with all applicable provisions of this Chapter, including any applicable design standards and guidelines and permit conditions. Permits processed and granted pursuant to this Chapter are subject to all provisions of Division 1 (Highway Permits) of Title 16 - Highways - of the County Code, including, but not limited to, the requirements of this Chapter and any permit conditions imposed by the Commissioner;

B.

The proposed use of a public sidewalk, public street, or public alley is so arranged as to ensure the protection of public health, safety, and general welfare, and prevent interference with users of the highway and with holders of other permits; and

C.

The proposed outdoor sidewalk dining and the abutting restaurant complies with the provisions and development standards prescribed in Title 22 of this Code, or as prescribed by the Planning Hearing Officer, planning commission, or planning director.

The denial of a permit application shall be issued in writing and state the reasons for the denial.

(Ord. 2024-0003 § 6, 2024; Ord. 96-0051 § 2 (part), 1996.)

Each applicant for an annual outdoor dining permit under this Chapter shall pay the nonrefundable permit issuance fee specified in subsections 16.10.020 and 16.10.155 of this Chapter. Each holder of such a permit shall be required to submit a new application along with the nonrefundable permit issuance fee specified in subsections 16.10.020 and 16.10.155 of this Chapter each year to obtain a new annual permit.

(Ord. 2024-0003 § 7, 2024; Ord. 2022-0029 § 14, 2022; Ord. 2011-0017 § 14, 2011; Ord. 96-0051 § 2 (part), 1996.)

A five-foot-wide minimum clear pedestrian pathway shall be maintained as measured from the outdoor dining area to the curb or building and any sidewalk obstruction, which shall include, but not be limited to, street light poles, trees, sign posts, news racks, and utility poles.

(Ord. 2024-0003 § 8, 2024; Ord. 96-0051 § 2 (part), 1996.)

Outdoor dining on a highway:

A.

If in the sidewalk area, shall be located adjacent to a restaurant;

B.

If in an on-street parking area, shall be located adjacent to a restaurant within the curb lane on streets, where on-street metered or unmetered parking spaces exist adjacent to the front or side of the restaurant, or along adjacent neighboring on- street metered or unmetered parking spaces with the written permission from the adjacent property/business owner stating the permission is valid for the duration of the permit;

C.

If in a public alley, the permit shall only be granted to an applicant restaurant exclusively utilizing the public alley; except that, if the public alley serves other business or residents/tenants, written permission for the use of the alley for outdoor dining must be obtained from all other users stating the permission is valid for the duration of the permit;

D.

Shall not interfere with the use of the highway; impede the flow of vehicular, bicycle, or pedestrian traffic; impair the primary use and purpose of traffic signals, utility poles and cabinets, streetlights, or other infrastructure in the highway;

E.

Shall not interfere with the County's use of County infrastructure;

F.

Shall not otherwise obstruct the accessibility of the highway; and

G.

Outdoor dining and associated equipment in the highway must comply with Americans with Disabilities Act requirements.

(Ord. 2024-0003 § 10, 2024; Ord. 96-0051 § 2 (part), 1996.)

A.

The owner of the restaurant is responsible for proper operation and maintenance of the outdoor dining area. The outdoor dining area shall not be used for storage of dining furnishings and equipment during non-operating hours.

B.

Restaurants are required to maintain all areas in and around the outdoor dining area in a manner that is clean and free of litter and debris.

C.

The outdoor dining hours of operation shall be limited to the hours of operation of the associated restaurant.

D.

The outdoor dining permit must be displayed prominently at the front of the restaurant.

(Ord. 2024-0003 § 11, 2024.)

As a condition of the issuance of an annual outdoor dining permit, the permit holder shall defend, indemnify, and hold harmless the County of Los Angeles and shall present, along with each application or renewal application for an annual permit, evidence of liability insurance in a form acceptable to the Commissioner.

(Ord. 2024-0003 § 12, 2024; Ord. 96-0051 § 2 (part), 1996.)

As further detailed in the design standards and guidelines, no live entertainment or amplified music shall be permitted in any outdoor dining area established pursuant to this Chapter.

(Ord. 2024-0003 § 13, 2024; Ord. 96-0051 § 2 (part), 1996.)

A.

Permit Expiration. An annual outdoor dining permit shall expire one year from the date of permit issuance.

B.

Permit Renewal. A permit renewal application must be received by the Commissioner a minimum of 30 days before the expiration of the permit; and the permit renewal application must comply with all the requirements of this Chapter and be accompanied by a non-refundable permit renewal application fee.

C.

Revocation. An annual outdoor dining permit may be revoked for failure to comply with the requirements of this Chapter and/or Division 1 of Title 16 and/or applicable design standards and guidelines, and/or applicable law. The Commissioner may revoke the annual outdoor dining permit before its expiration date, at any time, for any reason, including, without limitation, noncompliance, unsafe conditions, or a determination by the Commissioner that a permittee will not be able to continue to meet the requirements of this Chapter because of a proposed public highway improvement. If the Commissioner determines that a permittee will not be able to continue to meet the requirements of this Chapter because of a proposed public highway improvement, the Commissioner shall notify the permittee of the permit revocation in writing. Upon notification of revocation, the permittee shall immediately cease the use of the highway for outdoor dining and remove all outdoor structures, furnishings, and equipment from the highway.

D.

Violations. If the Commissioner believes that a permittee is in violation of this Chapter, the Commissioner may issue a notice of violation to the permittee. The notice of violation shall be served on the permittee in writing. The notice shall indicate that the permit is subject to revocation unless, within 30 days of service of the notice of violation, the violation is corrected, as further detailed in the design standards and guidelines.

E.

Impoundment.

The Commissioner may impound any outdoor dining structures, furnishings, and equipment believed to be in violation of this Chapter if the structures, furnishings, and equipment are deemed a hazard to the health, safety, and welfare of the public. Before impounding any structures, furnishings, and equipment, the Commissioner shall make reasonable efforts to contact the permittee and provide the permittee reasonable time to correct the violation. If, however, the violation constitutes an immediate threat to the health, safety, and welfare of the public, the Commissioner may impound structures, furnishings, and equipment without any advance notice to the permittee.

The Commissioner may impound any outdoor dining structures, furnishings, and equipment if the permittee fails to cease the use of the highway for outdoor dining upon notification of revocation. The Commissioner is not responsible for damages to the structures, furnishings, and equipment upon impoundment, and the Commissioner may impose an impound fee to the permittee.

The Commissioner may impound any outdoor dining structures, furnishings, and equipment if the permittee fails to cease the use of the highway for outdoor dining upon notification of the temporary removal of dining furnishings due to County operational use or maintenance of the highway. This includes any utility work by utilities lawfully operating their facilities in the highway.

Notice of all impoundments shall be served in writing to the permittee within two working days after the impoundment. The notice shall inform the permittee of the right to seek the return of the impounded structures, furnishings, and equipment.

The Commissioner may sell or otherwise dispose of the structures, furnishings, and equipment any time after the owner's right to seek the return of the structures, furnishings, and equipment has expired, as set forth in Sections 16.27.130 and 16.27.140 below, and may deposit the proceeds, if any, in the road fund.

(Ord. 2024-0003 § 14, 2024; Ord. 96-0051 § 2 (part), 1996.)

A.

The permittee or, if there is no permittee, a claimant who provides sufficient proof of ownership of impounded structures, furnishings, and equipment to the Commissioner, may, at any time up to and including the thirtieth day after the impounding, obtain a return of the furnishings and equipment upon paying an impound fee of $100.00 plus the reasonable additional cost, if any, as determined by the Commissioner.

B.

The Commissioner may order the furnishings and equipment returned without payment of any impound fee; or, if an impound fee has previously been paid, the Commissioner may order return of any such impound fee.

(Ord. 2024-0003 § 16, 2024; Ord. 96-0051 § 2 (part), 1996.)

A.

Request for Hearing. A permittee may request in writing a hearing before the Commissioner or his or her designee any time within 30 days of service of a notice of termination, notice of violation, or notice of impoundment.

B.

Conduct of Hearing. The Commissioner or his or her designee shall hold a hearing, unless continued by agreement, within 45 days of the request for a hearing. At the hearing, any person may present evidence and argument relating to the notice of termination, notice of violation, or notice of impoundment.

C.

Decision. A written decision by the Commissioner or his or her designee shall be served on the permittee within five working days after the close of the hearing. The decision shall be final and effective on the date of service of the written decision, is not subject to further administrative review, and constitutes the final administrative decision.

(Ord. 2024-0003 § 17, 2024; Ord. 96-0051 § 2 (part), 1996.)

Any person who violates Sections 16.27.010, 16.27.050, 16.27.060, or 16.27.070 of this Chapter and may be punished by fine not exceeding $500.00 per day.

(Ord. 2024-0003 § 19, 2024; Ord. 96-0051 § 2 (part), 1996.)

The provisions of this Chapter are cumulative to any other remedies authorized by law.

(Ord. 2024-0003 § 20, 2024; Ord. 96-0051 § 2 (part), 1996.)

If any section, subsection, subpart, or provision of this Chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of the provisions of this Chapter and the application of such to other persons or circumstances shall not be affected thereby.

(Ord. 2024-0003 § 21, 2024; Ord. 96-0051 § 2 (part), 1996.)