Newport Beach Municipal Code Ch. 13.18 Use of Public Sidewalks for Outdoor Dining

This chapter authorizes the administrative licensing of outdoor dining areas on public sidewalks in order to promote commercial revitalization and business opportunities in a manner that is consistent with the public welfare and safety.

(Ord. 96-9 § 1 (part), 1996)

Notwithstanding any other provisions of this Code, it is unlawful for any restaurant business to place furniture or equipment on a public sidewalk for outdoor dining without first obtaining a valid sidewalk cafe license encroachment permit which shall provide for indemnification of the City and the maintenance of liability and other insurance coverage as determined by the Risk Manager, and which shall conform to City Council policy regarding sidewalk cafe standards and procedures.

(Ord. 96-9 § 1 (part), 1996; Ord. 2023-22 § 614, 2023)

A. The Public Works Director is authorized to approve and execute, on behalf of the City, a sidewalk cafe license encroachment permit, subject to the adopted sidewalk cafe standards and procedures.

B. In addition to all other remedies provided by law or agreement, the Public Works Director is authorized to suspend, revoke or modify any sidewalk cafe license encroachment permit at any time.

C. The decision of the Public Works Director may be appealed to the City Manager by the applicant or property owner. The decision of the City Manager shall be final.

(Ord. 96-9 § 1 (part), 1996)

A. Any fixtures and equipment placed on a public sidewalk pursuant to a sidewalk cafe license encroachment permit shall be removed at the close of business each day unless otherwise approved by the Public Works Director.

B. Upon suspension, revocation or termination of a sidewalk cafe license encroachment permit, all fixtures and equipment shall immediately be removed from the public right-of-way, and the sidewalk returned to its original condition.

C. After suspension, revocation or termination of a sidewalk cafe license encroachment permit, failure to remove all fixtures and equipment from the public right-of-way or to return the sidewalk to its original condition, or both, shall be a nuisance affecting the public safety and is prohibited.

(Ord. 96-9 § 1 (part), 1996)

Outdoor dining shall be prohibited on sidewalks designated by City Council resolution for joint bicycle/pedestrian use.

(Ord. 96-9 § 1 (part), 1996)

Each application for a sidewalk cafe license encroachment permit shall be accompanied by the fee(s) required by resolution of the City Council.

(Ord. 96-9 § 1 (part), 1996)