Pomona Municipal Code § 46-344 Permit required

Footnotes:

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Editor's note— Ord. No. 4222, § 1, adopted Mar. 21, 2016, amended Art. VII in its entirety to read as herein set out. Former Art. VII, §§ 46-341—46-351, pertained to similar subject matter, and derived from Code 1959, §§ 28-501—28-505, 28-507—28-513; Ord. No. 3791, § 1.

Cross reference— Licenses, permits and miscellaneous regulations, ch. 30.

The purpose of the regulations and standards in this article are to allow increased business and pedestrian traffic, encourage appropriate outdoor dining and outdoor newsstand opportunities within public rights-of-way, to ensure that the space used for outdoor dining and newsstands within the public right-of-way will serve a public purpose, and to simplify the process for obtaining permission to operate a sidewalk dining facility or newsstand. This article does not apply to outdoor dining or the sale of periodicals, including newspapers and magazines, on private property and nothing herein is intended to prohibit or regulate outdoor dining as may be permitted elsewhere in this Code.

(Ord. No. 4222, § 1, 3-21-2016)

For the purpose of this article, certain words and phrases shall be defined as set forth in this section, unless it is apparent from the context that a different meaning is intended:

Eating establishment means a place of business primarily engaged in the same of prepared foods. Typical uses include fine sit-down restaurants, coffee shops, bakeries, delicatessens and specialty food-to-go.

Food court means a place of business or group of businesses specializing in retail sales of prepared ethnic and specialty foods clustered together to create a festive, pedestrian-oriented environment. Typically, uses extend from inside areas to outdoor dining areas.

Outdoor dining means the use of a public sidewalk and public right-of-way for the placement of tables, chairs, benches, planters, umbrellas, and related items for the purpose of serving food and/or beverages in conjunction with and adjacent to an eating establishment or food court.

Outdoor dining area means a place on the public sidewalk or within the public right-of-way where patrons of an adjacent eating establishment or food court may consume food and/or beverage. The area may be used for either table service or for seating and consumption of take-out items.

Outdoor newsstand means a place of business or group of businesses specializing in retail sales of reading materials, including newspapers, magazines, periodicals and other similar newsprint publications.

Sidewalk dining/sidewalk dining area means the same as, and is interchangeable with, outdoor dining and outdoor dining area.

(Ord. No. 4222, § 1, 3-21-2016)

Outdoor dining areas and outdoor newsstands within the public right-of-way are permitted on all commercially-utilized properties, provided all development standards are met.

(Ord. No. 4222, § 1, 3-21-2016)

It shall be unlawful for any person or business to use the public sidewalk and/or public right-of-way for outdoor dining or outdoor newsstands without first obtaining a valid annual outdoor dining permit and/or outdoor newsstand permit. Outdoor dining permits shall be renewed each year in accordance with the procedures set forth in this article.

(Ord. No. 4222, § 1, 3-21-2016)

(a) Application. Establishment of an outdoor dining area or an outdoor newsstand shall require site plan review and permit issuance from the development services manager of the city. Any person or business wishing to operate an outdoor dining area or an outdoor newsstand shall apply for a permit by submitting the following to the planning division:

(1) A completed outdoor dining permit and/or outdoor newsstand permit application.

(2) A statement of consent from the owner(s) of the properties immediately adjacent to the proposed outdoor newsstand or outdoor dining area.

(3) Radius map and labels consisting of the property and business owners' names and mailing addresses for all properties within a radius of 150 feet from the external boundaries of the property of a proposed outdoor dining area or proposed newsstand. A certified property owners list affidavit provided by the company or firm preparing the labels is required.

(4) The site plan for the proposed outdoor dining area shall show the following:

a. Chairs, tables, umbrellas, planters, signs and any other fixtures and furnishings to be included in the outdoor dining operation.

b. The applicant's primary eating establishment or food court and the proposed circulation to and from the outdoor dining area, as well as pedestrian circulation at the perimeter of the outdoor dining area.

c. The public sidewalk or public right-of-way to be occupied with dimensions of the entire sidewalk or right-of-way and the clearance proposed for pedestrian access.

d. Names of and main entrances to the businesses immediately adjacent to the applicant's eating establishment or food court.

e. Specifications and photographs of all proposed chairs, tables, umbrellas, signs, railings, railing connections to the public sidewalk or right-of way and the adjacent building, and other furnishings.

(5) The site plan for a proposed outdoor newsstand shall show the following:

a. When abutting a building wall, the location of all windows and doors of the building wall.

b. The location of the newsstand and any display area within the sidewalk in relation to the street.

(6) Maintenance and operations proposal, including the proposed hours of operation, indicating how the space will be maintained and kept orderly.

(7) A city hold harmless and waiver form executed by the applicant.

(8) Insurance documents as required in section 46-349.

(b) Notice of application and public review process. Upon receipt of a complete application package, the development services manager shall prepare written notice which states the name of the applicant, the proposed location and that a site plan and supporting documents are available for public inspection at the offices of the city planning division. The notice shall state that interested persons may submit written comments to the development services manager within five business days from the mailing date of said notice.

The development services manager shall cause this notice to be mailed to property and business owners within 150 feet of the proposed location of the outdoor dining or outdoor newsstand area.

(c) Site plan review, findings and conditions, and permit issuance. Applications for outdoor dining and outdoor newsstand permits shall be reviewed and considered by the development services manager. The decision of the development services manager shall be made after the completion of the five business day public review period. Prior to the granting of an outdoor dining and/or outdoor newsstand permit, the development services manager shall make the following findings of fact:

(1) That the applicant has submitted all documents required by this article, and has complied with all requirements of federal, state, county and local law.

(2) That the proposed layout, location and design is consistent with the character of the surrounding area and underlying zoning district.

(3) That configuration of the outdoor dining area or outdoor newsstand and the plan of operation meet the minimum standards of this article.

(4) That the proposed outdoor dining or outdoor newsstand operation will enhance the surrounding area, benefit the community, and will not pose a danger to the public health, safety or welfare.

The development services manager may establish conditions of approval necessary to achieve the minimum requirements of this article, or such other conditions necessary for public safety or to protect public improvements. The development services manager may establish conditions necessary to restore the appearance and condition of the sidewalk to its original state upon termination of use as an outdoor dining area or outdoor newsstand.

(d) Appeal. The decision of the development services manager shall be final, unless a written appeal is filed with the planning division within ten days after the written decision by the development services manager. The applicant for an outdoor dining permit and/or outdoor newsstand permit, or business and property owners within 150 feet radius from the proposed outdoor dining or outdoor newsstand operation may appeal the decision of the development services manager to the planning commission. The appeal shall be considered by the planning commission as a consent item. The decision of the planning commission shall be final, unless a written appeal to the city council is filed with the planning division within ten days of the planning commission's decision. A member of the city council may request an appeal of the planning commission decision. Any councilmember who requests a review before the city council must request and obtain a majority vote of the city council in order to set the appeal for a public hearing. The decision of the city council shall be final.

(Ord. No. 4222, § 1, 3-21-2016)

(a) Permit application fee. Each applicant for an outdoor dining area or outdoor newsstand shall pay a non-refundable application fee to cover the cost of processing said application. The amount of the fee shall be set by resolution adopted by the city council.

(b) Maintenance deposit. A maintenance deposit, in an amount determined by the public works director to be adequate to pay for the replacement of sidewalk paving and any fixtures within the outdoor dining or newsstand area, shall be paid to the city at the time the permit is issued. It is the responsibility of the permittee to maintain the sidewalk and fixtures within the outdoor dining or newsstand area in the same condition that they were in at the time of permit issuance. The permittee shall be responsible for any repairs required as a result of the permittee's use. Upon termination of the use as an outdoor dining area or outdoor newsstand, the area shall be inspected by the public works department, and the deposit shall be refunded to the permittee less any offset for repairs.

(c) Annual permit renewal. Each operator of an outdoor dining or outdoor newsstand area shall pay an annual permit renewal fee. The annual permit renewal fee shall cover the cost of inspecting the condition of the outdoor dining or outdoor newsstand area and all furnishings and documentation of the required indemnification and insurance. The amount of the fee shall be set by resolution adopted by the city council.

(Ord. No. 4222, § 1, 3-21-2016)

(a) Outdoor dining area.

(1) The outdoor dining area shall be designed to facilitate sit down dining activity through the utilization of chairs and tables. It shall also be compact and shall be clearly delineated to promote a visual relationship between the dining area and the surrounding pedestrian areas.

(2) Outdoor dining is permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed activity. A clear, continuous pedestrian path not less than four feet in width shall be required for unimpeded pedestrian circulation outside of the outdoor dining area. The minimum width of said pedestrian path may be increased by the public works director in areas requiring public utility access. As used herein, pedestrian path means a continuous obstruction-free sidewalk area between the outside boundary of the dining area and any obstruction including, but not limited to, parking meters, street trees, landscaping, street lights, bus benches, public art, and curb lines.

(3) No outdoor dining area shall be located so as to block access either to or from a building. A minimum unobstructed clearance which extends two feet to either side of both door jambs shall be maintained.

(4) Where an outdoor dining area is located on a corner, the outdoor dining area shall not be permitted within three feet of the corner of the building, along both frontages. Where an outdoor dining area is located adjacent to a driveway or an alley, the outdoor dining area shall not be permitted within five feet of the driveway or alley. These requirements may be modified at the discretion of the development services manager and/or public works director in locations where the sidewalk adjacent to the proposed outdoor dining area is wider than usual, where the perimeter of the building has an unusual configuration, or where public safety is at risk.

(5) The floor of the outdoor dining area shall be at the same level as the sidewalk, and no alterations to the sidewalk or coverings on the sidewalk shall be permitted, unless otherwise expressly approved by the city engineer.

(6) The outdoor dining area shall be accessible to the disabled. The buildings adjacent to these dining areas shall maintain building egress as defined by the California Building Code and State of California Title 24 Disabled Access standards.

(7) Permittee shall not expand its outdoor dining area onto the sidewalk frontage of an adjacent business unless permittee:

a. Submits an application, required information (including insurance), written consent of the property owner and the business owner of the adjacent space, and application fee;

b. Obtains the development services manager's approval of said application; and

c. Pays the annual usage rent for the permit.

(8) An outdoor dining area may be located directly adjacent to another outside dining area.

(9) In no case shall an outdoor dining area be located directly adjacent to parking, unless separated by a landscape barrier at least four feet deep and three feet high.

(10) The design and appearance of all proposed improvements or furniture, including but not limited to tables, chairs, benches, umbrellas, planters, and menu boards, to be placed in the sidewalk dining area shall present a coordinated and concerted theme and shall be compatible with the appearance and design of the principal building, as determined by the development services manager.

(11) A perimeter barrier shall be provided for the outdoor dining area. However, no barrier shall be required if the applicant proposes to limit the outdoor dining area to one row of tables and chairs abutting the wall of the establishment and if no alcohol will be served outside.

(12) All barriers shall complement the building facade as well as any street furniture and shall be between 24 inches and 36 inches in height.

(13) Barriers shall conform to the city engineer's installation standards and be removable. Barriers need not be removed each evening, but shall be capable of being removed, if needed, through the use of recessed sleeves and posts, or by wheels that can be locked into place.

(14) Barriers shall be able to withstand inclement outdoor weather and 100 pounds of horizontal force at the top of the barriers when in their fixed positions.

(15) Any modification to the surface of public sidewalks, such as borings for recessed sleeves, shall be approved by the city engineer.

(16) Heavy planters shall be clear of any access to basements and utility boxes or vaults.

(17) Objects placed on the sidewalk shall not interfere with safe line-of-sight distance.

(18) Any umbrellas, heaters, or similar feature used in an outdoor dining area shall be safely secured. All heaters shall be in compliance with the California Fire Code.

(19) The use of awnings over the outdoor dining area is permitted provided they do not interfere with street trees. No portion of an awning shall be less than eight feet above the sidewalk. Awnings may extend up to six feet from the building front or cover up to 50 percent of the outdoor dining area, whichever is less, but shall not extend beyond the sidewalk over the street curb. A building permit shall be obtained prior to installation of an awning. Signage on any awning shall meet the applicable sign development standards for the property and shall require a sign permit issued by the planning division.

(20) Outdoor lighting fixtures shall complement the style of the site. Lighting fixtures shall not create glare to pedestrians on the adjacent right-of-way and shall illuminate only the outdoor dining area. Outdoor lighting may be installed on the facade of the building or in the dining area in front of the facade.

(21) All signs shall be placed in a location which will not cause a tripping hazard for pedestrians or customers. Signage advertising alcohol products on umbrellas shall be prohibited.

(b) Outdoor newsstands.

(1) The location of all outdoor newsstands shall be approved by the development services manager. No outdoor newsstand shall be placed to impede or interfere with the reasonable use of the building wall window for display purposes, unless such a window is on the indoor portion of a newsstand facility.

(2) Outdoor newsstands shall not exceed four feet in depth, nine feet in height, and shall be between 25 and 100 feet in length.

(3) No outdoor newsstand shall be located closer than 500 feet to another outdoor newsstand.

(4) Outdoor newsstands shall be maintained at all times in a clean, neat and attractive condition and in good repair and shall be constructed of a permanent material to the satisfaction of the building division.

(5) No outdoor newsstand shall be used for advertising signs or publicity purposes other than that pertaining to the display, sale or purchase of newspapers or periodicals, as approved by the development services manager.

(6) Outdoor newsstands are permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed activity. A clear, continuous pedestrian path not less than four feet in width shall be required for unimpeded pedestrian circulation outside of the newsstand area. The minimum width of said pedestrian path may be increased by the public works director in areas requiring public utility access. As used herein, pedestrian path means a continuous obstruction-free sidewalk area between the outside boundary of the newsstand area and any obstruction including, but not limited to, parking meters, street trees, landscaping, street lights, bus benches, public art, and curb lines.

(Ord. No. 4222, § 1, 3-21-2016)

Space used for outdoor dining on the public sidewalk shall not be added to the gross square footage of the food service establishment when calculating parking requirements.

Off-street parking is not required for outdoor newsstands, as defined in section 46-342.

(Ord. No. 4222, § 1, 3-21-2016)

All outdoor dining and outdoor newsstand uses shall conform to the following standards:

(a) Outdoor dining.

(1) The management of the eating establishment or food court shall be responsible for operating the outdoor dining area and shall not delegate or assign the responsibility.

(2) Hours of operation for outdoor dining areas are to coincide with those of the adjoining indoor restaurant. When the establishment ceases serving food for the day, further seating in the outdoor dining area shall be prohibited and the outdoor dining area shall close when those patrons already seated in it leave.

(3) The operator shall not permit the following outside of the building: food preparation, utensils, glasses, napkins, and condiments on unoccupied tables, busing service stations, or trash and garbage storage. All exterior surfaces within the outdoor dining area shall be easily cleaned and shall be kept clean at all times by the permittee.

(4) The permittee shall maintain the outdoor dining area and the adjoining street, curb, gutter, and sidewalk in a neat, clean, and orderly condition at all times. This shall include all tables, chairs, benches, displays, or other appurtenances placed in the public right-of-way. Provisions shall be made for trash receptacles to serve the sidewalk dining area, subject to the approval of the development services manager. The operator shall remove the debris to a closed receptacle. No debris shall be swept, washed, or blown into the sidewalk, gutter or street.

(5) If disposable materials are used, the establishment shall comply with all applicable city recycling programs.

(6) Plants shall be properly maintained; stressed or dying plants shall be promptly replaced. Because plant fertilizers contain materials that can stain the pavement, water drainage from any plants onto the adjacent right-of-way shall not be allowed. Potted plants shall have saucers or other suitable systems to retain seepage and be elevated to allow for air flow of at least one inch between saucer and sidewalk.

(7) Awnings and umbrellas shall be kept clean and in good condition at all times. Umbrellas shall not advertise alcohol products.

(8) All plans and permits for the outdoor dining area approved by the city shall be kept on the premises for inspection at all times when the establishment is open for business.

(9) Outdoor dining areas shall be operated in a manner that meets all requirements of the Los Angeles County Health Department and other applicable regulations.

(10) Musical instruments or sound reproduction systems are permitted in outdoor dining areas, but shall be maintained at sufficiently low volumes so as not to adversely affect the neighboring businesses, residents, or users of the public right-of-way beyond the outdoor dining area, or in violation of the city noise ordinance.

(11) Fixtures and equipment approved by the city pursuant to an outdoor dining area permit may remain in and on the sidewalk during such time that an outdoor dining area permit is in effect.

(12) Upon revocation or termination of an outdoor dining area permit, all fixtures and equipment shall immediately be removed from the sidewalk, and the sidewalk returned to its original condition.

(b) Outdoor newsstands.

(1) Except as authorized below, outdoor newsstands shall be exclusively used for the sale of periodicals, such as newspapers, magazines and other similar newsprint publications. The sale of ancillary items (e.g. sundries, candy, gum, etc.), as authorized by the development services manager, may also be permitted. All outdoor newsstands shall be required to be under the control and supervision of an attendant, who shall be over the age of 18 years and shall be responsible to ensure compliance with the terms and conditions of the permit and other laws relating to the operation of the outdoor newsstand.

(2) All sexually-oriented materials shall be sealed and placed in a display unit which contains a "blinder rack" and which is located adjacent to a cash register under the control and supervision of a newsstand attendant. All permittees shall comply with the requirements of Penal Code Section 313.1. Those outdoor newsstands which are permitted on public property shall require an "adult-oriented material display program" for the review, consideration and approval of the development services manager. All materials displayed must comply with all provisions of section 14.7-9.

(3) No seating fixtures, permanent or temporary, shall be allowed in conjunction with an outdoor newsstand.

(4) Upon revocation or termination of an outdoor newsstand permit, all fixtures and equipment shall immediately be removed from the sidewalk, and the sidewalk returned to its original condition.

(5) The permittee shall maintain the outdoor newsstand area and the adjoining street, curb, cutter, and sidewalk in a neat, clean, and orderly condition at all times. Provision shall be made for trash receptacles to serve the sidewalk newsstand area, subject to the approval of the development services manager. The operator shall remove the debris to a closed receptacle. No debris shall be swept, washed, or blown into the sidewalk, gutter or street.

(6) All permits, including building permits, shall be obtained for utilities.

(Ord. No. 4222, § 1, 3-21-2016)

The permittee shall agree, in writing, to defend, indemnify, and hold harmless the city and its officers and employees from and against all claims, losses, damage, injury, and liability for damages arising from the permittee's use of the public right-of-way.

The applicant (permittee) shall obtain and maintain in force during the life of the outdoor dining area or outdoor newsstand permit comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate, of at least $1,000,000.00 covering the applicant's operations on the sidewalk or within the public right-of-way. Such insurance shall name, on a special endorsement form, the city, its elected, appointed boards, officers, agents and employees as additional insureds. A certificate of insurance shall contain provisions that prohibit cancellation, modification, and lapse without 30 days prior written notice to the city. Both the certificate of insurance and the completed special endorsement form shall be submitted with the completed application for an outdoor dining area or outdoor newsstand permit.

The applicant (permittee) shall obtain and maintain in force during the life of the outdoor dining area or the outdoor newsstand permit worker's compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000.00 per accident.

(Ord. No. 4222, § 1, 3-21-2016)

The city shall have the right and power, acting through the city administrator or his/her designee, to prohibit the operation of an outdoor dining area or an outdoor newsstand at any time because of anticipated or actual problems or conflicts in the use of the sidewalk or right-of-way area. Such problems and conflicts may arise from, but are not limited to, festivals, parades, marches and similar events, repairs and widening of the streets or sidewalks, or emergencies occurring in the area. To the extent possible, the permittee shall be given prior notice of any time period during which the operation of the outdoor dining area or the outdoor dining area or the outdoor newsstand shall be prohibited by the city.

(Ord. No. 4222, § 1, 3-21-2016)

If any portion of an outdoor dining area or an outdoor newsstand obstructs the public sidewalk or right-of-way beyond that which is provided for in this article, the community development director or his/her designee shall immediately direct the permittee to move the obstruction. If the permittee fails to do so, the city manager or his/her designee is entitled to immediately move the obstruction.

If the sidewalk dining or outdoor newsstand area is not maintained in a neat, clean, and orderly condition, or as conditioned by the development services manager, the community development director or his/her designee shall direct that the permittee or property owner correct the condition and/or remove the furniture, displays, and appurtenances. If the community development director or designee finds that it is necessary to remove the furniture, displays, or appurtenances in the interest of the public health, safety, or general welfare immediately remove them at the expense of the permittee or property owner.

An outdoor dining or an outdoor newsstand permit may be revoked by the community development director or designee following written notice being sent to the permittee by certified mail. The permit may be revoked if one or more conditions of the permit or of this article have been violated or if the outdoor dining or outdoor newsstand area is being operated in a manner of which constitutes a nuisance, or the operation of the outdoor dining or outdoor newsstand area unduly impedes or restricts the movement of pedestrians past the outdoor dining or outdoor newsstand area. Following revocation of an outdoor dining or outdoor newsstand permit, no application for the same site shall be filed within six months from the date of revocation.

Decisions of the development and neighborhood services director or designee may be appealed to the planning commission. Decisions of the planning commission may be appealed to the city council.

Unless otherwise indicated, all appeals shall be made in writing and state the reason(s) for appeal. Such appeals shall be filed with the planning division within five days of receipt of notice of revocation. The receipt of a written appeal shall stay all actions, or put in abeyance all permits or other discretionary approvals which may have been granted, pending the effective date of the decision of the planning commission or the city council.

Appeals shall be scheduled for the earliest regular meeting of the hearing body, not less than 15 days or more than 45 days after the date of filing an appeal, consistent with the agenda preparation procedures and scheduling of the planning commission and the city council. All appeals shall be accompanied by a fee, set by resolution of the city council, sufficient to cover the cost of handling the request.

(Ord. No. 4222, § 1, 3-21-2016)

Alcoholic beverages may only be served in outside dining areas which are established in conjunction with a restaurant. For purposes of this section, a "restaurant" is a business operating within an enclosed building which has as its primary purpose the serving of meals prepared on the premises, which devotes the majority of its floor area to food preparation and dining where table service is provided, and where any bar or liquor service area shall be clearly subordinate in both the area of premises devoted to it and the share of gross receipts to the primary dining function of the restaurant.

The outside dining area shall be clearly delineated from pedestrian traffic, and physically separated from the rest of the sidewalk by a barrier no greater than 36 inches and no less than 24 inches in height. The barrier shall conform with the design standards stipulated in section 28-507 of this article.

The outdoor dining area must be immediately adjacent to and abutting the indoor restaurant, which provides it with food and beverage service.

All entrances/exits of the outside dining area shall be posted with signs, subject to the approval of the development and neighborhood services director or designee, stating that consumption and/or carrying of an open container of alcohol beyond the outside dining area is prohibited and is unlawful. In addition, cards shall be placed on each table giving notice that removal of alcoholic beverages from the outdoor dining area is not allowed.

No bar shall be allowed in the outside dining area.

Empty beverage containers shall be removed from the outside dining area as soon as possible.

A license shall be obtained from the department of alcoholic beverage control (ABC) prior to the operation of an outside dining area serving alcoholic beverages and shall be maintained continuously as long as alcoholic beverages are served in the outside dining area. Loss of such license shall automatically constitute termination of the city permit to serve alcoholic beverages in the outside dining area.

The city manager shall suspend the use of the outside dining area and shall hold a hearing on the matter if an outside dining area serving alcoholic beverages is not operated as required by this article, or if the restaurant operator is not able to control patrons consuming alcoholic beverages to the extent that patrons demonstrate a pattern of behavior which includes, but is not limited to, the exhibition of loud, offensive, or abusive actions, the physical or verbal harassment of passersby or the removal of alcoholic beverages from the outside dining area.

(Ord. No. 4222, § 1, 3-21-2016)

If any section, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

Outdoor dining and outdoor newsstands are not permitted where the speed, volume or proximity of vehicular traffic is not compatible. All outdoor dining areas shall be adjacent to and incidental to an eating establishment or food court. Use of the sidewalk shall be confined to the actual sidewalk and public right-of-way frontage of the eating establishment or food court building.

(Ord. No. 4222, § 1, 3-21-2016)