Modesto Municipal Code Art. 5 Business Closure, Business Transfer and Other Operational Changes Impacting…

When the business possessing an outdoor dining encroachment permit closes, the permittee must provide the City the following within the timelines designated:

(a) Written Notification. Permittees must provide the City with written notification of the business closure within thirty (30) days prior to the anticipated closure date. Said notification shall include a schedule for removal of barriers and other outdoor dining fixtures.

(b) Removal of Barriers and Fixtures. Permittees shall have thirty (30) days from the date of business closure to remove all barriers and other outdoor dining fixtures. Permittees shall notify the City for final inspection once all barriers and fixtures are removed. Failure to remove barriers within the thirty (30) day period and/or failure to maintain insurance, may result in the City taking action to remove the barriers and fixtures. Expenses incurred shall be billable to the permit holder and/or deducted from the deposit.

(c) Maintenance of Insurance. Permittees shall continue to maintain valid insurance until such time as all barriers and outdoor dining fixtures are removed and the City has performed a site inspection.

(d) Removal Deposit Refund. Once notified all barriers and outdoor dining fixtures are removed, the City will perform a final inspection. If said removal occurs within the thirty (30) day timeline allowed pursuant to Section 4-15.206, the permittee will be refunded the removal deposit, if any, provided for in Section 4-15.104 of this article.

(Ord. 3407-C.S., § 1, effective 5-25-06)

When a business possessing an outdoor dining encroachment permit is transferred from one owner to another, the permittee must provide the City with the following within the timelines established:

(a) Written Notification. Permittees must provide the City with written notification of a business transfer within forty-five (45) days prior to the anticipated transfer date.

(b) Maintenance of Insurance. Permittees shall continue to maintain valid insurance during the transition time from one owner to the next.

(c) Permit Not Transferable. The outdoor dining encroachment permit is not transferable. The new business owner shall be responsible for applying for and obtaining a new outdoor dining encroachment permit in accordance with the provisions of Article 1 of this chapter.

(Ord. 3407-C.S., § 1, effective 5-25-06)

When the business possessing an outdoor dining encroachment permit makes operational changes impacting the permit, including but not limited to, remodeling, expanding, changing hours of operation, obtaining a license to serve alcoholic beverages, etc., the permittee must provide the City with the following within the timelines established.

(a) Written Notification. Permittees must provide the City with written notification of operational changes impacting the outdoor dining encroachment permit. Said notification must be made as soon as practicable, but not less than thirty (30) days prior to commencement of the operational change.

(b) Maintenance of Insurance. Permittees shall continue to maintain valid insurance during the period when operational changes are being made, even if the outdoor dining use is temporarily suspended.

(c) New or Amended Permit. Dependent upon the nature of the operational change, a new or amended outdoor dining encroachment permit may be required. The determination of the type of permit required shall be made by the Public Works Director or his or her designated representative.

(d) Timeline. Permittees making operational changes shall have ninety (90) days to complete said changes and obtain a new or amended outdoor dining encroachment permit, where said permit is deemed necessary by the Public Works Director or his or her designated representative. Permittees unable to meet this timeline requirement must notify the Public Works Director in writing and request an extension to a date certain. The Public Works Director may, at his or her sole discretion, grant or deny the extension request.

(Ord. 3407-C.S., § 1, effective 5-25-06)