3.19 and 15-3.20. — Novato Municipal Code

(Ord. No. 1053, § 2; Ord. No. 1309, § 2)

15-3.17 Unlawful to Sponsor or Participate in an Event Without a Permit. It shall be unlawful for any person to sponsor or conduct a parade, athletic event or other special event requiring a special event permit, under subsection 15-3.4, unless a permit has been issued for the event. It is unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has not been issued the required permit. Nor shall any person interfere with or disrupt a lawful parade, athletic event, or other special event.

(Ord. No. 1053, § 2)

15-3.18 Unlawful to Exceed Scope of Permit. The special event permit authorizes the permittee/sponsor to conduct only such event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee/sponsor to willfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof, to willfully violate the terms and conditions of the permit.

(Ord. No. 1053, § 2)

15-3.19 Penalties. Any person willfully violating any provision of this section shall be deemed guilty of a misdemeanor (except in the case of prohibition of pets), and upon conviction thereof, shall be punished by a fine not to exceed five hundred ($500.00) dollars for each violation of the section. A violation of prohibition of pets shall be deemed guilty of an infraction, and upon conviction, shall be punished pursuant to Novato Code subsection 1-5.1. All violations may also be addressed by civil action.

(Ord. No. 1053, § 2; Ord. No. 1309, § 3)

15-3.20 Prohibition of Pets. Pets are hereby prohibited from all public festival areas during the hours in which the public festival is in operation. The prohibition of pets shall not apply to guide dogs and other service animals to assist disabled persons who attend the public festival, nor shall it apply to animals participating in a parade duly permitted under Novato Municipal Code section 15-3.

(Ord. No. 1309, § 4)

15-4 - Downtown Core Outdoor Use of Sidewalks for Outdoor Dining, Merchandise Displays, Temporary Signs and Quasi-Public Improvements.

15-4.1 Title. This section shall be known as the Downtown Core Use of Sidewalks for Outdoor Dining, Merchandise Displays, Temporary Signs and Quasi-Public Improvements Ordinance.

(Ord. No. 1303, § 1; Ord. No. 1441 § 2(D))

15-4.2 Purpose. This section establishes a process and standards to permit businesses in the Downtown Core to use a portion of the sidewalk area located immediately in front of the place of business for outdoor dining, merchandise displays, temporary signs, or quasi-public improvements on the sidewalk.

(Ord. No. 1303, § 1; Ord. 1441 § 2(D))

15-4.3 Definitions.

"Downtown Core" shall mean the properties within the Downtown Core land use designation as shown on the General Plan Land Use Map as used in this section: fronting on Grant Avenue and Redwood Boulevard.

"Outdoor Uses" allowed on the sidewalk in the Downtown Core shall include: outdoor dining and seating areas for restaurants; merchandise displays, temporary freestanding signs and quasi-public improvements in compliance with the standards identified herein.

"Quasi-public Improvements" shall mean improvements of a private and permanent nature that business owners place in the sidewalk area in front of their stores, but which are of benefit to the general public. Quasi- public improvements shall conform to the design standards contained in the Downtown Novato Specific Plan and may include, but not be limited to, benches and planters.

(Ord. No. 1303, § 1; Ord. 1441 § 2(D))

15-4.4 Subsection 15-2.13b. Not Applicable. Subsection 15-2.13b is not applicable to outdoor uses on the sidewalk as defined in subsection 15-4.3 b.

(Ord. No. 1303, § 1; Ord. 1441 § 2(D))

15-4.5 License Agreements Required for Outdoor Uses of Sidewalk Areas in the Downtown Core.

Business owners may provide for outdoor uses of the sidewalk by entering into a license agreement with the city on an approved city form, to be negotiated, executed, and administered by the city engineer or his/her designee. Outdoor uses of the sidewalk as defined herein shall conform to the design guidelines contained in the Downtown Novato Specific Plan and the applicable standards contained in chapter 19, section 19.34.130. The license agreement shall require a zoning clearance and conditions requiring the use to conform to the following standards:

The sidewalks shall be maintained by the licensee for safe and unobstructed pedestrian access along the street frontage to businesses and parking areas in conformance with city, state and federal standards.

The license agreement shall include an indemnification agreement in a form acceptable to the city attorney and shall provide that the licensee shall hold the city harmless and insure the city against any liability resulting from such uses of the sidewalk.

Merchandise displays shall be permitted in compliance with standards listed in section 19.34.130 A of the zoning code.

Outdoor dining and seating areas shall be permitted in compliance with section 19.34.130 D of the zoning code.

One temporary freestanding sign not exceeding six square feet in area (measured by one side of a sandwich board sign) shall be permitted for each business and shall be of durable quality with professional graphics, properly maintained and placed to avoid trip hazards or obstruction of pedestrian access along the street frontage to parking areas and businesses.

(Ord. No. 1303, § 1; Ord. No. 1441 § 2(D))

15-4.6 Submittal Requirements. Applications for license agreements shall include a scaled plan, drafted in a legible manner, showing the proposed location, size, number and type of display fixtures, signs or outdoor dining areas and shall include a description of the merchandise to be displayed and improvements or other fixtures provided. Photographs and mock-up displays are encouraged.

(Ord. No. 1441 § 2(D))

15-4.7 Exceptions. The provisions of Novato Municipal Code subsection 15-2.4 shall not apply to outdoor uses of the sidewalk in the Downtown Core, as defined herein. Use permits shall not be required for uses of the sidewalk, provided that standards and conditions are incorporated into the license agreement.

(Ord. No. 1441 § 2(D))

Exhibit A Streets and Sidewalks

15-5 - Living Streets Program.

15-5.1 Purpose and Intent. The establishment of a Living Streets Program whereby portions of City streets are closed to allow local businesses to extend their business activities into those portions promotes the well being and financial vitality of the City's businesses, which, in turn, benefits the City's fiscal health as well as redounds to the well-being of the community at large by producing and providing unique venues and experiences for the transaction of business in the City.

(Ord. No. 1672, § 2, 7-13-2021)

15-5.2 Establishment of Program. A Living Streets Program ("Program") is hereby established. This Program entails and authorizes the temporary closing of portions of City streets and allows businesses adjacent to those closed portions the opportunity to use those closed portions within which to conduct their business activities. The implementation of this Program and the closing and opening of the city streets subject to the Program shall be directed and overseen by the City Engineer and/or his/her designees. The portions of the streets to be closed, the days and hours of closure, the persons assigned to effect such closings and openings, and the rules and regulations ("Rules and Regulations") under which the Program shall be administered shall be set forth in a Resolution adopted by the City Council. Said Rules and Regulations, as they may be amended from time to time, are hereby incorporated by this reference as though fully set forth herein.

(Ord. No. 1672, § 2, 7-13-2021)

15-5.3 Administrative Enforcement Procedures. Violations of the Rules and Regulations shall be deemed violations of this Code and the City shall have all remedies available to it to punish, abate, remove and/or prohibit such violations. Such remedies shall be in addition to any other judicial and administrative penalties and remedies available to the City under Sections 1-5, 1-6 and 1-7 of this Code.

(Ord. No. 1672, § 2, 7-13-2021)

15-6 - Downtown Parklet Licensing Program.

15-6.010 Title. This section shall be known as the "Downtown Parklet Licensing Program" ordinance. It is sometimes referred to herein as the "Program."

(Ord. No. 1684, § II, 5-10-2022)

15-6.020 Purpose and Intent. It is the purpose of this Program to benefit the general public by allowing safe, accessible commercial activity within the public right-of-way which includes the installation of private or quasi- public improvements and to increase the economic activity within Downtown Novato by enhancing the shopping, entertainment and dining experience through increased use of these public spaces.

(Ord. No. 1684, § II, 5-10-2022)

15-6.030 Definitions. The following words and phrases used in this Section 15-6, rules and regulations promulgated thereunder and the Downtown Parklet Design Standards shall have the meanings set forth below:

"City Block" shall mean both sides of a public City street that has City-maintained traffic lanes for vehicle travel, extending from one intersection in that street to the next intersection in that street.

"Downtown Core" shall mean the properties within the Downtown Core land use designation as shown on the General Plan Land Use Map.

"Downtown Parklet Design Standards" shall mean the set of design, installation, landscaping and construction requirements that Licensees (defined below) must comply with in installing and maintaining improvements in

Flexible Spaces pursuant to this Section.

"Flexible Space" shall mean the portion of the street adjacent to a sidewalk or curb that is designated and used for public on-street parking of vehicles and/or Tree Wells.

"License Agreement" shall mean the agreement drafted by the City that permits, for a limited term, the use of Flexible Space by private parties (such parties are also referred to herein as "Licensee(s")) for those purposes and under those terms and conditions set forth in the agreement (sometimes referred to herein as the "License").

"Moratorium" shall mean the City's temporary cessation of reviewing and approving License Agreements, instituted at the discretion of the City Engineer.

"NMC" shall mean the Novato Municipal Code.

"Parking Stall" shall mean the designated, striped area within the public street or public right-of-way for parking a single motor vehicle.

"Parklet" shall mean Flexible Space that has Quasi-public Improvements constructed by a private business for use as a non-exclusive outdoor area open to the general public. Table Service is not permitted in a Parklet.

"Private Improvements" shall mean improvements installed by a private party in a Flexible Space adjacent to the private party's storefront for the exclusive use of and benefit to its customers. Private Improvements shall conform to the design standards contained in the Downtown Parklet Design Standards.

"Quasi-public Improvements" shall mean improvements installed by a private party in a Flexible Space adjacent to the private party's storefront, but which are for the use of and benefit to the general public. Quasi- public improvements shall conform to the design standards contained in the Downtown Parklet Design Standards.

"Streatery" shall mean Flexible Space that has private improvements constructed by a private business for use as an exclusive, commercial outdoor dining or retail area with Table Service in exchange for rents paid to the City.

"Table Service" shall mean a dining or drinking experience which occurs within an area under the exclusive control of a single restaurant, food or drinking establishment that is hosted by a server who takes orders, serves food and drink, and/or presents a meal exclusively to customers at their designated seat and/or table, including at a Streatery.

"Tree Wells" shall mean the area of the public street adjacent to sidewalks or curbs used for placement of street trees where parking is not allowed, including any landscaping planters, curbs, or open space identified as part of the Tree Well.

(Ord. No. 1684, § II, 5-10-2022)

15-6.040 Eligibility.

Any eligible business may submit an application for a license to establish and operate a Parklet or Streatery provided all of the following is documented in the application:

The applicant must operate a business at ground-floor, storefront commercial property adjacent to a public street; and

The applicant must hold a lease with not less than two (2) years remaining; and

The applicant must hold a valid City of Novato Business License; and

The applicant and/or property must be current on Downtown Business Improvement District (DBID) dues; and

The applicant and/or property must not have any outstanding or unresolved code violations with the City; and

The owner of the property on which the applicant's business is operated must consent to the application; and

In the event the curb face of the Flexible Space is located, in part, in front of property or a business adjacent to the property on which the applicant's business is operated, the owner of the adjacent business and the owner of the adjacent property must consent to the application.

Proposed locations of Flexible Space to be licensed for a Parklet/Streatery must meet all of the following criteria:

Applicant's business property must be located within the Downtown Core and carry a Downtown Core Retail (CDR) or Downtown Core Business (CDB) zoning designation.

The applicant may only apply to license Flexible Space that is located within the extended property lines of the storefront in which the applicant's business is located.

The entirety of a diagonal Parking Stall and/or Tree Well may be occupied as a Parklet or Streatery as long as the curb face of the Flexible Space nearest to the occupying business's storefront falls entirely within the property lines as extended perpendicular to the face of curb.

ii.

Licensed Flexible Space may occupy a full Parking Stall or Tree Well that laterally crosses the extended property lines provided the far edge (measured along the curb face) of said Parking Stall or Tree Well is less than twenty-five inches (25") from applicant's property line.

Figure 15-6.040(b): The diagrams below are illustrative of two parklet areas that would be permitted under the Program.

Licensed Flexible Space must encompass an entire Parking Stall and/or Tree Well; no partial Parking Stalls or Tree Wells may be licensed.

Parklets/Streateries are prohibited within Flexible Space that directly abuts vehicle traffic lanes on Redwood Boulevard.

Parklets/Streateries proposed in Flexible Space on Redwood Boulevard frontage streets that are separated from Redwood Boulevard by curbed landscape planters is allowed.

Parklets/Streateries shall not encroach or extend onto public sidewalks, curb-ramps, or other public areas used for pedestrian travel. Any outdoor use of sidewalks must be licensed independently in compliance with NMC Section 15-4.

(Ord. No. 1684, § II, 5-10-2022)

15-6.050 Application.

Application Requirements. In addition to the information required under Section 15-6.040, a complete license application submitted for City review must include all of the following::

Construction-level drawings, including site plan and elevations, for the proposed Parklet/Streatery. Design details must comply with the Downtown Parklet Design Guidelines per NMC 15-6.b.

Copy of applicant's lease for the business operating at the proposed address that demonstrates at least twenty-four (24) months remain on the lease.

Applicants operating a business holding a license to serve or sell alcoholic beverages must submit a letter from the State of California Alcohol Beverage Control expressly acknowledging and allowing the sale, consumption or service of alcohol within the Parklet/Streatery as proposed in applicant's application .

An administrative review fee deposit, as adopted by Council resolution, shall be submitted to the City to be used to cover the cost of all needed staff time, consultant and legal costs, and other resources utilized in vetting and reviewing the application. Applicant may be required to execute a cost recovery agreement with the City as a condition of submitting an application for review.

Design Standards. Construction of a Parklet/Streatery shall comply with the Downtown Parklet Design Standards as adopted by City Council resolution, and as may be amended from time to time.

Allowed Uses. Parklets and/or Streateries may be used for the following purposes only:

Dining: Flexible Space may be used as Streateries to provide Table Service for seated dining. Streateries may contain appropriate dining furniture within the Flexible Space, consistent with the applicable requirements of the Downtown Parklet Design Standards . Any alcohol service must be in compliance with an existing State of California's Alcohol Beverage Control license. Dining within Flexible Space must be open and available during all normal business hours of the license holder, and set up during these periods for business, weather permitting.

Retail: Flexible Space may be used as Streateries to promote the applicant's business through seating, gathering, waiting, or rest areas, play areas, product demonstrations, or other commercial activity that is not merchandise display, consistent with the applicable requirements of the Downtown Parklet Design Standards (sometimes referred to as "Design Standards"). Retail use within Flexible Space must be open and available during all normal business hours of the license holder, and set up during these hours for access and use, weather permitting. Flexible Space may be used for merchandise display for special events during normal business hours, not to exceed a cumulative total of seven (7) non-consecutive days per year.

Public Space: Flexible Space may be used as Parklets for non-exclusive public access, seating, gathering, rest, or play areas, open to any member of the public, consistent with applicable requirements of the Design Standards. Public space use of Flexible Space must be accessible and open at all hours and days, weather permitting, and shall not be limited to business hours of the adjacent business(es).

General Requirements. Applicants shall ensure the following requirements are met through the design and construction of any improvements within the Flexible Space.

Access: All Private and Quasi-Public Improvements within Flexible Space must ensure safe and equal access to all members of the public, as well as a clear and safe accessible path of travel along adjacent sidewalks, traffic lanes and other egress, and ensure compliance with the requirements of the Americans with Disability Act (ADA) and its State of California counterpart, and all rules, regulations or local laws adopted pursuant thereto, and as required by applicable building codes, the City Engineer, the Novato Chief Building Official, and the Novato Fire Protection District.

Electrical: All electrical connections must be drawn from the licensee's private electrical circuit/meter. Licensees shall not connect any electrical appliance, motor, heater, lights or other apparatus to the City's metered electrical circuits. Electrical cords are not permitted to be placed, attached, hung or otherwise incommode the public right-of-way, including City sidewalks, Parking Stalls, Tree Wells, curb ramps, or other City assets. Wires and connections used to draw electricity from the business shall be hung over the sidewalk at a height not less than eight (8) feet, in a manner approved by the City Engineer and the Chief Building Official.

Prohibitions.

Ineligible Areas: The following areas are not eligible to be designated as Flexible Space and are not eligible for use as a Parklet/Streatery:

Space in the public street not designated as public on-street Parking Stalls or Tree Wells.

ii.

Parking Stalls marked for exclusive ADA use.

iii.

Space or Parking Stalls in the public street used for designated loading zones.

iv.

Space or Parking Stalls in the public street designated for emergency/fire access or "red" zones.

Space or Parking Stalls in the public street within fifteen (15) feet of a fire hydrant.

vi.

Space or Parking Stalls in the public street housing designated utility access or manholes.

Sidewalks: Flexible Space licensed through this Program shall not include any area of the public sidewalk; Parklets and/or Streateries are prohibited from utilizing any area of the public sidewalk, or from placing any advertisements, furniture, railings, or other item on the sidewalk. Sidewalks are to remain open and accessible for the public at all times.

Amplified Sound: No amplified sound is allowed.

Generators: Generators are prohibited within Flexible Space.

Misters: Water misters are prohibited from being placed and operated within Flexible Space.

Open Flame: No open flames are allowed.

Tents: No tents are allowed at any time in a parklet.

Advertisements: Licensees may not use Flexible Space to promote, advertise, or disseminate information about any commercial activity other than the name and logo of the Licensee.

Public Assets: No Parklet/Streatery improvements, advertising, or other apparatus may use, connect, attach, or otherwise interfere with any public asset, including but not limited to street trees, vegetation, street signs, parking signs, wayfinding signs, bike racks, public railings, irrigation, gates, parking bollards, or other public infrastructure or landscaping. No licensee may cut, trim, prune, or otherwise modify any street trees or publicly-maintained vegetation.

Authorized Use: Except as provided in Section 15-6.070(g), only the Licensee may use the Flexible Space for which the Licensee has been granted a License to use, and the License may not be sub-licensed, assigned or used by other third parties at any time.

(Ord. No. 1684, § II, 5-10-2022)

15-6.060 City Review of Application.

Conditions. The City may place conditions on its approval of any Parklet/Streatery License application, at the sole discretion of the City Engineer.

Moratorium. A Moratorium on new Parklet/Streatery Licenses within a specific, designated City Block shall be imposed if, when and for as long as seven (7) public on-street Parking Stalls within the City Block have been occupied by licensed Parklets/Streateries. The City Engineer may lift the Moratorium on individual City Blocks upon termination of a license and physical removal of an existing Parklet/Streatery, thereby reducing the total Parking Stalls occupied on the City Block at issue to less than seven (7) Parking Stalls. No License application shall be accepted if the number of Parking Stalls the new Parklet/Streatery proposes being used would, when added to the existing Parking Stalls being devoted to Parklet/Streatery uses, exceeds seven (7) Parking Stalls within the City Block in which the new Parklet/Streatery is proposed to be located.

Application Review Order: Applications shall be prioritized, reviewed, and if in compliance herewith, granted in the order in which they are received. An application shall be deemed "received" on the date that the City Engineer determines the application to be substantially complete pursuant to this Section 15-6.

(Ord. No. 1684, § II, 5-10-2022)

15-6.070 License Agreement. No application for a Parklet/Streatery shall be granted unless and until the applicant executes a License Agreement with the City. The License Agreement shall be in a form drafted by the City and approved by the City Attorney, that includes, but is not limited to, the following:

License Term: License Agreement Terms shall be for a period not to exceed twenty-four (24) months.

Annual Assessment: Any Streatery that proposes exclusive use of Flexible Space shall pay an annual assessment, on the basis of the total square footage of Flexible Space authorized by the License Agreement, at a reasonable rate as determined by the City Engineer, and comparable to other City leases or licensing within the public right-of-way. The City Engineer shall waive the annual assessment for any Parklet that proposes non-exclusive, public use of Flexible Space.

Security Deposit: Applicant shall provide the City with either a) a commercial surety bond, or b) a cash deposit, in an amount determined by the City Engineer. The City shall retain the bond or cash deposit for the duration of the License Agreement to provide guarantees that upon the License Agreement's termination, the City retains the ability to recover costs of removal, cleanup, and repairs of public infrastructure within the Flexible Space.

At the discretion of the City Engineer, the applicant may be required to place a security deposit on account with the City to reimburse the City for the cost of any staff time and City resources utilized in conjunction with improving, cleaning, preparing, or otherwise maintaining the Flexible Space. If all the deposit is not exhausted by the City by the time the License Agreement has terminated and the time for the Licensee's performance under the License Agreement has ended, the remaining balance of the deposit shall be refunded without interest. Applicant may be required to execute a cost recovery agreement with the City as a condition of being granted a License or starting improvement work within the Flexible Space.

Insurance: Applicant shall provide City with evidence of general liability and property insurance, with claim limits designated by the City Engineer, in a form approved by the City, with an endorsement naming the City of Novato as an additional insured.

Indemnification: Applicant agrees to indemnify the City of Novato against all claims arising from the licensed use of the Flexible Space, in a form identified within the License Agreement.

Interruptible Privilege: The License Agreement is an interruptible privilege and may be revoked or terminated by the City at any time, without cause. The business owner agrees that the City will not be held liable for any lost

business or decline in revenue resulting from the License Agreement being revoked or terminated for any or no reason.

Transferability: The License Agreement and use of Flexible Space may be transferred to a different entity upon the expressed written consent of the City, upon documentation of the sale, transfer, assumption, lease or other assignment of the business entity holding the License Agreement. The City may require, at the discretion of the City Engineer, documentation, bonding, insurance and other evidence of fiscal guarantees from the new business entity prior to approving transfer of the License Agreement.

(Ord. No. 1684, § II, 5-10-2022)

15-6.080 Operations.

Occupancy: Before a Licensee may occupy and use the Flexible Space for commercial purposes, the City will conduct a full inspection of the completed Private or Quasi-Public Improvements within the Flexible Space to ensure that all terms and conditions of the NMC and the License Agreement have been satisfied.

Inspections: The City may conduct periodic inspections of the Flexible Space during occupancy to ensure the Licensee is in compliance with the maintenance, operations, accessibility, and other requirements of NMC § 15.6, the Program, the Design Standards and the License Agreement.

Maintenance: The Licensee is responsible for all maintenance, repairs, construction, modification, removal, and costs of any Private or Quasi-Public Improvements within the licensed Flexible Space. The Licensee shall maintain, clean and repair, at its sole cost, any public assets within the Flexible Space, in accordance with the License Agreement, including but not limited to:

Daily trash and debris removal from Flexible Space, including adjacent areas extending twenty (20) feet beyond the boundaries of the Flexible Space.

At least monthly cleaning and debris removal from areas underneath any decks placed within the Flexible Space.

(Ord. No. 1684, § II, 5-10-2022)

15-6.100 License Renewals. Licensees may submit a request to renew the License Agreement by submitting a written request to the City Engineer not less than six (6) months prior to the expiration date of the License Agreement. License renewals must comply with any City ordinance and regulations, as may be amended. The City shall have the authority to deny any request for a License Agreement renewal without cause.

(Ord. No. 1684, § II, 5-10-2022)

15-6.090 Administrative Enforcement.

City Contact. The City shall provide a contact for members of the public who seek information, or who wish to file a complaint alleging violations of this Section or the NMC.

Determination of Violation. Upon the filing of a written complaint, the City Engineer shall take reasonable steps necessary to determine the validity of the complaint. To determine if there is a violation of this Section 15-6 or other provisions of the NMC, the City Engineer may initiate an investigation. This investigation may include, but is not limited to, an inspection of the Flexible Space and/or a request for any pertinent information from the Licensee and/or owner of the property on which the Licensee's business is conducted, if different, such as leases, business records, or other documents.

Violations a Public Nuisance; Penalties, Nuisance Abatement, and Other Remedies. Any Parklet/Streatery operated, conducted or maintained contrary to the provisions of this Section, the Design Standards and/or the Program shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the city attorney may, in addition to, or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law. Such remedies shall be in addition to any other judicial and administrative penalties and remedies available to the City under Sections 1-5, 1-6 and 1-7 of this Code.

Revocation of License. A License issued under the terms of this Section 15-6 may be revoked by the City Engineer at any time if the City Engineer concludes any of the following. Revocation decisions by the City Engineer shall be in writing and are subject to appeal through the process set forth in Section 1-7.6 of the NMC.

The Licensee is not current on fees or assessments due and payable as required by this Program, including fees and/or assessments owed under the City's business license ordinance and/or owed under the DBID's program.

There has been upheld citation(s) for violations of the Novato Municipal Code or the License Agreement for activities or conduct occurring at the Parklet/Streatery location. For the purposes of this subsection, "upheld citations" mean citations which were neither overturned after contest or appeal nor dismissed.

The Licensee submitted a Parklet/Streatery application containing a material misrepresentation or omission of material facts.

The City Engineer determines the Parklet/Streatery shall be removed so that the Flexible Space can be returned to public use, or that the public interest/benefit outweighs the private use by the Licensee.

The Parklet/Streatery is not open or accessible for use during regular business hours.

Revocation of the License for any reason is allowed under the terms and conditions of the License Agreement.

(Ord. No. 1684, § II, 5-10-2022)