Chapter 8.62 — REGULATIONS ESTABLISHING PERMIT REQUIREMENTS AND PROCEDURES TO

EXPAND RESTAURANT, RETAIL, CAFÉ, PARKLET, AND MOBILE VENDING USES OF OUTDOOR PRIVATE SPACES AND PUBLIC RIGHTS-OF-WAY ("OAKLAND FLEX STREETS PROGRAM") TO ENCOURAGE HEALTHY OUTDOOR USE AND ENJOYMENT OF BUSINESSES

The regulations, requirements and provisions of this Chapter shall apply to outdoor dining, retail, cafés and mobile vending uses throughout the City.

(Ord. No. 13682, § 2, 3-15-2022; Ord. No. 13653, § 2, 6-15-2021)

"Café" shall have the meaning set forth in Planning Code Sections 17.10.750 and 17.103.090.

"Outdoor Dining or Café Services" means services covered by an outdoor dining or café approval and/or a sidewalk dining, retail or café permit.

"Outdoor Dining, Retail or Café Approval" means a permit that authorizes an approved restaurant, retail, bar, or café use to temporarily utilize new or expanded outdoor areas on private property, subject to permit conditions.

"Parklet Dining or Café Permit" is a permit temporarily authorizing the use of not more than two (2) parking spaces in front of the permittee's restaurant or café, subject to permit conditions set forth in this Chapter.

"Restaurant" shall mean restaurants permitted to operate pursuant to Planning Code Sections 17.10.272, 17.10.274, and 17.10.280.

"Retail" shall mean any business that engages in the retail sale of goods, merchandise, or services.

"Sidewalk Dining" means a portion of an immobile food establishment, bar, or café located on a designated public right-of-way immediately adjacent to the associated retail food establishment or located in a parklet for dining or café use.

"Sidewalk Dining Elements" means any and all tables, chairs, tents, moveable barriers, umbrellas, planters, heaters, and other objects associated with sidewalk dining.

"Sidewalk Dining, Retail, or Café Permit" is a permit temporarily authorizing an approved restaurant, bar, retail, or café use to engage in sidewalk dining or retail within a designated area on a public right-of-way, subject to permit conditions.

"Sidewalk Retail Elements" means any and all tables, shelves, product spaces, and other objects associated with sidewalk retail.

(Ord. No. 13682, § 2, 3-15-2022; Ord. No. 13653, § 2, 6-15-2021)

mobile vending uses.

The following regulations in this Chapter shall supersede and replace any conflicting provisions of the Oakland Municipal Code, including Titles 12 and 17.

(Ord. No. 13682, § 2, 3-15-2022; Ord. No. 13653, § 2, 6-15-2021)

The following rules and procedures shall apply to sidewalk dining, retail or café permits on sidewalks and parking lanes:

A.

Application. Any restaurant, retail or café use desiring a sidewalk dining, retail or café permit shall first apply to the Department of Transportation and provide all information deemed necessary by the Transportation Director. The Transportation Director is hereby authorized and directed to generate standard application forms and adopt internal procedures for such purpose. Without limiting the foregoing, the Transportation Director may require a layout sketch or site plan and a minimum of two (2) photographs showing all sidewalk dining, retail or café elements ("improvements"), utilities, sidewalks, and appropriate measurements with the application. The applicant's application submittal shall be consistent, as determined by the Transportation Director, with any technical bulletins, design review guidelines, and/or administrative regulations adopted pursuant to O.M.C. Section 8.62.060.

B.

Effect. The following terms and conditions shall apply to any sidewalk dining, retail, or café permit issued by the City under this Order:

The permit is for a permitted revocable license use only that is personal to the permitted business only. Approval of the permit shall not operate to create or vest any property rights in the permittee or property owner.

The City or agent of the City, including franchisees and public utility companies, shall have free and complete access to the public right-of-way in which sidewalk dining, retail, or café has been permitted for

maintenance and repair of the right-of-way, and the permittee shall hold harmless the City for any damage that may be done by the City during maintenance and repair of the right-of-way.

The permittee shall maintain the sidewalk area in a good and safe condition as long as the sidewalk dining, retail, or café permit remains in effect. Permittee understands and acknowledges that, should the permittee, its agents, employees, vendors, or patrons, damage and/or disturb the right-of-way and/or the sidewalk dining, retail, or café area, the permittee shall be solely responsible for repairing the destroyed/disturbed right-of-way to the City's satisfaction.

Permittee shall maintain a general liability insurance policy with combined single liability limits for personal injury or death and property damage in the amount of the liability limits set forth in the City's application. The applicant shall name the City as an additional insured. The permittee agrees to provide proof of such policy to the City upon request.

If alcoholic beverages will be served within the sidewalk dining, retail or café area, the permittee shall maintain liquor liability insurance for the area under the same terms and conditions as those applying to general liability insurance.

Permittee shall indemnify, defend, and hold harmless the City against any and all claims or suits for damages or injury arising from permittee's or the permittee's agents', employees', vendors', and/or patrons' use of the right-of-way or the sidewalk dining, retail, or café area or from any activity, work, or act done, permitted, or suffered by permittee in or about the sidewalk dining, retail, or café area, and shall further indemnify, defend, and hold harmless the City against and from any and all claims or suits arising from any breach or default of any performance of any obligation of permittee under this Section or the sidewalk dining, retail, or café permit, and against and from all costs, attorneys' fees, expenses, and liabilities related to any claim or any action or proceeding brought within the scope of this indemnification.

Permittee shall not assign the sidewalk dining, retail, or café permit without the prior approval of the City.

Any unlawful encroachments existing in the right-of-way shall be subject to removal and the permittee shall be responsible for labor and costs associated with such removal. Any encroachments existing in the public right-of-way shall be removed upon reasonable notice given by the Department of Transportation of public service when such removal is necessary to repair or improve the right-of-way. Reasonable notice shall be in the discretion of the Transportation Director with general guidance set forth in the administrative guidelines. If it is necessary to remove any encroachments, including but not limited to sidewalk dining elements or

sidewalk retail elements, the permittee shall be responsible for labor and costs associated with removal and reinstallation.

In the event that the City Police, Fire, Public Works, Planning and Building, or Transportation Departments determine that the location of an encroachment, including but not limited to sidewalk dining elements or sidewalk retail elements, constitutes an immediate physical danger to life, safety or health, the encroachment may be removed immediately without prior notice. If the City removes an encroachment, a notice of removal shall be sent to the permittee as soon as practicable under the circumstances. Any abandoned encroachment shall be subject to removal. For purposes hereof, 'abandoned' shall mean the vacating of the premises by the permittee for a period of seven (7) consecutive days or more. Any costs incurred to the City in restoring the public right-of-way to the condition that existed prior to the use of the sidewalk dining, retail, or café area shall be the responsibility of the permittee.

C.

Inspection. The Transportation Director may perform or cause to be performed a site inspection of the proposed sidewalk dining, retail, or café area to verify compliance with the requirements set forth herein prior to issuing a sidewalk dining, retail, or café permit. The City's Fire Department, Fire Marshal, Police Department, and Building Inspections Division shall be authorized to inspect and determine whether applicants and permittees comply with and continue to comply with the rules and regulations governing sidewalk dining set forth herein, as may be amended.

D.

Decision. The Transportation Director may issue, after any necessary consultation with other City departments, sidewalk dining, retail, or café permits upon finding that the application meets all relevant standards set forth in this Chapter.

E.

Posting. The sidewalk dining, retail or café permit shall be posted on the premises so as to be visible from the public right-of-way during all times that the sidewalk dining, retail, or café use is being conducted within the public right-of-way.

F.

Design and Layout. The following standards shall govern the design and layout for sidewalk dining, retail, or cafes:

The width of the sidewalk dining, retail, or café area shall not exceed the width of the frontage of the restaurant's property.

Permittees shall not obstruct a clear pedestrian path of at least six (6) feet at any time; provided, however, in areas of higher pedestrian traffic or activity, or in conditions that suggest the need for additional clearance, the Transportation Director may require a clear pedestrian path greater than six (6) feet. Any such clearance area must be free of all obstructions such as trees, parking meters, utility poles, fire hydrants, and similar encroachments in order to allow for adequate pedestrian movement. All services and patron activity provided within the designated public right-of-way shall occur within the designated area and shall not encroach within the minimum clearances for pedestrian passage at any time.

The improvements shall not interfere with any utilities or other facilities such as utility poles, fire hydrants, signs, parking meters, mailboxes, manhole covers, utility covers, and/or benches within the sidewalk or within the public right-of-way.

The improvements shall not interfere with or obstruct any required clearance for maneuvering around any building, driveway, or other entrances or exits.

The improvements shall not interfere with or obstruct any areas required for accessibility for disabled persons, whether patrons or employees.

The improvements shall not interfere with or obstruct required ingress and/or egress for adjacent buildings set forth in the building code or otherwise.

The improvements may not violate the vision clearance requirements set forth elsewhere in the Oakland Municipal Code or by City design regulation.

Vision clearance will also be required when the improvements are located adjacent to an alley or driveway; provided, however, the Transportation Director may modify such requirements when unusual circumstances exist or when public safety may be at issue.

No amplified music, whether live or recorded, shall be permitted within sidewalk dining, retail, or café areas. No speakers, microphones, televisions or other audio or video devices shall be permitted within sidewalk dining, retail, or café areas if the Transportation Director finds, based on substantial evidence, that such improvements are resulting in exceedances of the performance standards set forth in O.M.C. Chapter 17.120.

No vending machines, carts, or objects for the sale of goods shall be permitted within sidewalk dining, retail, or café areas.

(Ord. No. 13682, § 2, 3-15-2022; Ord. No. 13653, § 2, 6-15-2021)

All restaurants, dining, retail or café approved uses receiving permits under this Chapter shall comply with the following health and safety standards:

A.

Outdoor dining or café services, to include open air patios, balconies, rooftops, parking lots and sidewalk dining or café areas, must operate in accordance with any applicable occupancy standards approved by the Building Division and/or Fire Marshal.

B.

Any restaurant, retail or café approved use shall comply with all applicable occupancy, operation, and sanitation guidelines issued by federal, state, or local public health officials. The strictest guidelines shall apply.

(Ord. No. 13682, § 2, 3-15-2022; Ord. No. 13653, § 2, 6-15-2021)

A.

This program authorizes the City Administrator to allow for permitted businesses who have established they are not eligible for permits under any the other Sections of this Chapter, to use outdoor City property (i.e., City-owned parcels) for: (1) retail businesses to sell goods and merchandise and offer services, and (2) restaurants to place tables, chairs, and other dining elements for serving customers in an outdoor dining or café setting in a manner that complies with any current county health order and all applicable federal and State regulations.

Any license executed to use City property under this program may be offered at below fair market value, and the requirements set forth in O.M.C. Section 2.42.110 are temporarily suspended, for solely those licenses issued under this Chapter. Notwithstanding the foregoing, all licenses shall be entered into only if they meet the equity criteria set forth in Subsection B., below.

All licenses issued under this program shall comply with the authority delegated to the City Administrator pursuant to O.M.C. Section 2.42.100, and any proposed license not meeting such requirements shall require the approval of the City Council by ordinance. Additionally, all other contract terms required by O.M.C. Title 2 applicable to agreements entered into by City departments to implement this temporary program must be included unless the City Administrator determines in writing that compliance with any

term is not feasible and is not required under federal and/or State law. Nothing in the foregoing suspends the requirement for approval of contracts as to form and legality by the City Attorney.

This Section shall sunset on July 1, 2023 unless further extended by City Council.

This Section shall not authorize conduct that: (1) is prohibited by orders or directives of the Alameda County Health Officer, or (2) violates federal or State law.

B.

Equity Criteria for License of City Property. Outdoor dining and retail approved uses who meet the above application requirements shall also satisfy each of the below equity criteria to be eligible for the program set forth in Subsection A., above.

Applicant's business is in an area of the City that has been disproportionately impacted by the COVID-19 virus, as documented by data obtained by the City or provided by the applicant;

Applicant cannot otherwise feasibly use sidewalks, parking lanes, private outdoor areas, or rights-of-way as set forth in this Chapter enabling the license; and

Applicant has demonstrated economic hardship related to the COVID-19 pandemic, and a business plan to address such hardship through use of City property.

(Ord. No. 13682, § 2, 3-15-2022; Ord. No. 13653, § 2, 6-15-2021)

A.

This Section permits the use of private outdoor space (e.g., private parking lots) for: (1) retail businesses to sell goods and merchandise and offer services, and (2) limited or full service restaurants to place tables, chairs, and other dining elements for serving customers in privately owned outdoor areas. The privately- owned outdoor areas must be located on the retail, restaurant, or cafe premises; or on property adjacent to the retail, restaurant, or cafe premises to which the applicant demonstrates, in writing, it has legal rights to such proposed uses. This Section of the O.M.C. shall sunset December 31, 2025, unless further extended by the City Council.

B.

This program may also allow drive-through, drive-in, or other open non-residential facilities for COVID-19 testing, vaccination, and related COVID-19 medical activities on privately owned land as an accessory facility and accessory activity to an existing medical activity for the duration of this program.

C.

Such permits are subject to the rules and regulations set forth below in Subsections D. and E. and shall be revocable at any time at the discretion of the City Administrator.

To the extent any such use under the program is not permitted by Title 17 (the Oakland Planning Code) or conditions of approval imposed by the Bureau of Planning or Planning Commission, such laws, regulations, or conditions shall be suspended for the discretion of this program at the discretion of the Planning Director in order to issue temporary permits under this program. Any provision of the Oakland Planning Code authorizing an appeal concerning this program are also suspended.

The user of any space authorized under this Section shall comply with all laws requiring accessibility for people with disabilities, and shall ensure the space and services do not interfere with the accessibility of the public open space to people with disabilities.

This Section shall not authorize conduct that: (1) is prohibited by orders or directives of the Alameda County Health Officer or, (2) violates federal or State law.

D.

Standards for Outdoor Dining Areas on Private Property. Restaurants, retail, or cafés desiring outdoor dining, retail or café approval on private property shall comply with the following standards:

The restaurant, retail, or café use shall be properly licensed by appropriate state and local agencies to perform any activities, sales, and services, and the use must be located on, or adjacent to, the business premises.

The restaurant, retail, or café shall comply with all applicable laws relating to litter, noise, and other livability matters. The Planning Director may impose additional conditions or limitations relating to noise on the restaurant or café when the Planning Director finds that such additional conditions or limitations are necessary or appropriate based on the location of the new or additional outdoor dining, retail, or café area and the proximity of such area to residential areas, including without limitation existing residences, existing residential neighborhoods, and residentially-zoned properties.

Unless authorized as part of a sidewalk dining, retail or café permit, outdoor dining, retail or café areas on private property shall not encroach within any public rights-of-way.

Outdoor dining, retail or café areas shall not encroach into or interfere with required handicapped parking spaces.

Outdoor dining, retail or café areas shall not interfere with safe pedestrian and vehicular access or access required to be maintained under the Americans with Disabilities Act (ADA).

Outdoor dining, retail or café areas shall not encroach within or interfere with fire or other emergency access.

Any sales and/or consumption of food and/or alcoholic beverages shall be in compliance with the provisions of any federal, state, and/or local laws and regulations governing the sale and consumption of alcohol.

Outdoor dining, retail or café areas shall comply with all applicable provisions of the Building and Fire Codes.

All outdoor dining or café areas shall comply with the Alameda County Health Order.

The Planning Director may impose other reasonable conditions or limitations to protect against adverse impacts from noise, parking, fire, people with disabilities, and travel.

E.

Standards for COVID-19 Testing, Vaccination, and Related COVID-19 Medical Activities on Private Property. COVID-19 testing, vaccination, and related COVID-19 medical activity and facility uses on private property shall comply with the following standards:

The COVID-19 testing vaccination, and related COVID-19 medical activities shall be properly licensed by appropriate state and local agencies to perform any testing, vaccination, and related COVID-19 medical activities.

The COVID-19 testing, vaccination, and related COVID-19 medical activity and facility must comply with all applicable laws relating to litter, noise, and other livability matters. The Planning Director may impose additional conditions or limitations relating to noise on the COVID-19 related medical facility when the Planning Director finds that such additional conditions or limitations are necessary or appropriate based on the location of the COVID-19 related medical facility and the proximity of such area to residential areas, including without limitation existing residences, existing residential neighborhoods, and residentially-zoned properties.

Unless authorized as part of the permit, the COVID-19 testing, vaccination, and related COVID-19 medical activity and facility on private property shall not encroach within any public rights-of-way.

The COVID-19 testing, vaccination, and related COVID-19 medical activity and facility shall not encroach into or interfere with required handicapped parking spaces.

The COVID-19 testing, vaccination, and related COVID-19 medical activity and facility shall not interfere with safe pedestrian and vehicular access or access required to be maintained under the Americans with Disabilities Act (ADA).

The COVID-19 testing, vaccination, and related COVID-19 medical activity and facility shall not encroach within or interfere with fire or other emergency access.

The COVID-19 testing, vaccination, and related COVID-19 medical activity and facility shall comply with all applicable provisions of the Building and Fire Codes.

The COVID-19 testing, vaccination, and related COVID-19 medical activity and facility shall comply with the Alameda County Health Order.

The Planning Director may impose other reasonable conditions or limitations to protect against adverse impacts from noise, parking, fire, people with disabilities, and travel.

(Ord. No. 13815, § 2, 10-1-2024; Ord. No. 13682, § 2, 3-15-2022; Ord. No. 13653, § 2, 6-15-2021)

suspension of portions of the O.M.C.

The permitted location of individual mobile vending facilities is hereby regulated by this Section. This Section suspends O.M.C. Section 5.51.040, "Conflicting Provisions," and O.M.C. Section 5.51.50 A., B. and C., "Mobile Vending Program Permitted Area" for mobile vending facilities and replaces O.M.C. 5.51.50 A., B., and C. with the following location requirements:

A.

Mobile vending may be located on publicly-owned property or in the public right-of-way in any commercial or industrial zoning district, subject to the requirements of Chapter 5.51 and its implementing Administrative Guidelines, with the exception of Section 5.51.50 A., B., and C. Additionally, individual mobile vending facilities are permitted on private property (such as a vacant lot) in the City wherever a limited service or full service restaurant is permitted under the Oakland Planning Code. Sidewalk vendors (as defined in the Administrative Guidelines) may further operate as follows:

Roaming sidewalk vendors may operate in any zoning district in the City, provided that during a transaction, they comply with applicable buffer distances.

Stationary sidewalk vendors may operate in any zoning district not exclusively zoned residential, subject to the applicable buffer distances.

B.

A location for an individual food vending facility shall be permitted if it complies with the distances specified below:

Mobile food vending facilities may be located in a parking lane and may vend from multiple locations, without limitation, as long there is a three hundred (300) foot buffer from another vendor or limited or full service restaurant, unless the vendor or limited or full service restaurant provides a written waiver, in which case the food vending facility may be permitted.

Sidewalk mobile food vendors (as defined in the Administrative Guidelines) operate on sidewalks and may vend from multiple locations, without limitation, provided they allow a one hundred (100)-foot buffer from another vendor or limited service or full service restaurant unless the City Administrator determines that the buffer is not necessary to protect public health and safety in a particular location, in which case the sidewalk vendor may be permitted.

All mobile food vending facilities must still maintain a three hundred-foot buffer from a school serving children in kindergarten through high school between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, unless the food vending facility sells "healthy foods," as defined in Administrative

Guidelines authorized pursuant to O.M.C. Chapter 5.51, and receives written permission from supervising entity of the school.

C.

A location for an individual mobile retail vending facility shall be permitted if it complies with the distances specified below:

Mobile retail vending facilities may be located in a parking lane and may vend from multiple locations, without limitation, as long there is a three hundred (300) foot buffer from another retail use, vendor or limited or full service restaurant, unless the retail use, vendor or limited or full service restaurant provides a written waiver, in which case the mobile retail vending facility may be permitted.

Sidewalk mobile retail vendors (as defined in the Administrative Guidelines) operate on sidewalks and may vend from multiple locations, without limitation, provided they allow a one hundred-foot buffer from another retail use, vendor or limited service or full service restaurant unless the City Administrator determines that the buffer is not necessary to protect public health and safety in a particular location, in which case the sidewalk vendor may be permitted.

All mobile retail vending facilities must still maintain a three hundred-foot buffer from a school serving children in kindergarten through high school between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, unless the retail vending facility sells "healthy foods," as defined in Administrative Guidelines authorized pursuant to O.M.C. Chapter 5.51, and receives written permission from supervising entity of the school.

D.

Individual mobile food or retail vending facilities cannot block or impede access to:

Required parking or driveways;

Bicycle racks;

Signal crossings;

Pedestrian or bicycle routes;

Emergency vehicle routes;

Building entrances and exits;

Required accessibility routes and curb cuts;

Trash enclosure areas or access to trash bins/trash enclosures; or

Other City facilities, as determined by the City Administrator.

E.

All other location requirements set forth in O.M.C. Section 5.51.050 D through F., (as further clarified in the Administrative Guidelines), shall still apply.

(Ord. No. 13682, § 2, 3-15-2022; Ord. No. 13653, § 2, 6-15-2021)

A.

This Section creates a program for streamlining the approval by the City Administrator of the closure of public streets for the purpose of permitting: (1) retail businesses to display and sell goods and merchandise and offer services; (2) community/special events; (3) restaurants and/or cafes to place tables, chairs, and other dining elements to offer outdoor dining; and (4) other businesses to close public streets at the discretion of the City Administrator, for business-related events and public safety reasons. Permits under this program shall be subject to the rules and regulations set forth below.

There shall be no limit on the number of public street closures issued per year throughout the City or by street. There shall also be no limit on the number of days a street may be closed for the above uses. Applicants may apply for recurring special events or street closures.

All street closure permits constitute revocable licenses that are revocable at any time at the discretion of the City Administrator. The City Administrator may develop administrative licensee requirements that: (a) restrict days and hours of operation, (b) facilitate fire and police access, (c) facilitate appropriate parklet/street closure design, (d) provide utility and franchisee access, and (e) allow for other appropriate correlative uses of the right-of-way.

This Section of the O.M.C. shall sunset December 31, 2025, unless further extended by the City Council.

Any provision of the O.M.C. that would conflict with this program, including, but not limited to, O.M.C. Section 12.08.060 and any provision of the O.M.C. that would allow for a specific appeal process are suspended.

This Section shall not authorize conduct that: (1) is prohibited by orders or directives of the Alameda County Health Officer, or (2) violates Federal or State law.

B.

The definition for short-term encroachments set forth in O.M.C. Section 12.08.030 is hereby temporarily amended to also include the uses set forth in this Section, including retail, restaurant, café, and other business uses as deemed appropriate by the City Administrator.

C.

The permit requirements for short-term encroachments into the right-of-way shall be the same as set forth in O.M.C. Section 12.08.060, except that:

The duration of the short-term encroachment may extend for an unlimited duration, subject to the discretion of the City Administrator.

The applicant need not be sponsored by or represent a local merchant association or community organization, nor shall semi-annual sponsorship be required.

The limitation of one (1) short-term encroachment application per year is suspended.

(Ord. No. 13765, § 2, 11-7-2023; Ord. No. 13682, § 2, 3-15-2022; Ord. No. 13653, § 2, 6-15-2021)

Editor's note— Ord. No. 13765, § 2, adopted Nov. 7, 2023, amended the title of § 8.62.100 to read as herein set out. The former § 8.62.100 title pertained to public street closures for retail, dining, and community/special event uses.

Any outdoor dining, retail, or café approval, sidewalk dining, retail or café permit or parklet dining or café permit is subject to suspension, modification, or amendment at any time with or without notice based on a determination that additional conditions or limitations shall be required to protect against adverse impacts

associated with the new or expanded area. The City Council may suspend, modify, or amend the provisions governing outdoor dining, retail, or café services at any time by emergency ordinance, in which case all businesses shall comply with any such modifications or amendments, whether or not they previously received an approval or permit hereunder.

(Ord. No. 13682, § 2, 3-15-2022; Ord. No. 13653, § 2, 6-15-2021)

Any decision of the City Administrator is final and may not be appealed. Any decision by the Planning Director may be appealed to the Planning Commission pursuant to Planning Code Chapter 17.132.

(Ord. No. 13682, § 2, 3-15-2022; Ord. No. 13653, § 2, 6-15-2021)

Restaurant, retail, and café owners/operators are responsible for ensuring that the procedures and standards set forth in this Chapter are followed. The City may deny or revoke any license granted to conduct any such business activities set forth above when, in the judgment of the City, the business is not complying with any provision of this Chapter or the City deems it is in the public's interest to revoke the permit/license. Any permit granted pursuant to this Chapter does not serve to confer a vested right.

(Ord. No. 13653, § 2, 6-15-2021)

The City Administrator is hereby authorized to inspect and determine whether businesses are in compliance with this Chapter. Any person who shall refuse to allow such inspection or who shall obstruct any City Administrator personnel whose duty it is to make such inspection shall be subject to immediate revocation of their permit to operate.

(Ord. No. 13682, § 2, 3-15-2022; Ord. No. 13653, § 2, 6-15-2021)

The City Administrator is responsible for the administration of this Chapter, and is authorized to develop and require compliance with one (1) or more technical bulletins, parklet design guidelines, and/or administrative regulations containing interpretations, clarifications, forms, design renderings, and commentary to facilitate implementation of any requirements set forth in this Chapter.

(Ord. No. 13682, § 2, 3-15-2022; Ord. No. 13653, § 2, 6-15-2021)