Redding Municipal Code Ch. 13.25 Sidewalk Dining on Public Walkways

A. The city recognizes that the use of public walkways for limited sidewalk dining areas can improve the business environment and enhance the quality of life for Redding residents so long as such use is consistent with the underlying dedication for public right-of-way, does not impede travel, and does not interfere with the rights of adjoining property owners. Therefore, the city may permit such uses on a temporary or nonpermanent basis and as a special privilege, not as a matter of right.

B. This chapter shall be known as the "sidewalk dining ordinance" and may be cited as such.

(Ord. 2249 § 1 (part), 1999)

For purposes of this chapter, the following words shall have the following specified meanings:

"Abutting property" means the property directly abutting the portion of the public walkway in which the sidewalk dining area is to be placed.

"Adjoining property" means a property which both adjoin the abutting property and fronts with it on the same public walkway.

"Dining" means the consumption of food and/or beverages.

"Director" means the director of development services or his/her designee.

"Downtown central business district" means the area described as follows: Beginning at the intersection of the centerlines of Court Street and Eureka Way; thence east on Eureka Way to the intersection of the centerlines of Eureka Way and East Street; thence south on East Street to the intersection of the centerlines of East Street and South Street; thence west on South Street to the intersection of the centerlines of South Street and Court Street; thence north on Court Street to the point of beginning.

"Obstruction" means any object which completely or partially blocks a path of travel on a public walkway, and includes all temporary structures, appurtenances, furnishings and furniture attendant to a permitted use under this chapter.

"Permit" means the sidewalk dining license agreement created by this chapter.

"Person" means any individual, firm, company, account, association, partnership, corporation, joint venture, or any other entity.

"Public walkway" means all or any portion of territory within the city set apart and designated for the use of the public as a thoroughfare for primarily pedestrian travel, including alleys and sidewalks.

"Sidewalk dining area" means an area within the public walkway set up in conjunction with the use of abutting or nearby property for dining, and includes any obstruction or activity related to dining.

(Ord. 2249 § 1 (part), 1999)

A. No person shall establish or maintain any sidewalk dining area within a public walkway except pursuant to the issuance of a license agreement approved by the director pursuant to this chapter. This chapter shall not be applicable to any activity performed pursuant to and permitted by other specific provisions of this code, or to other obstructions prohibited by other specific provisions of this code.

B. Permits shall only be issued in the downtown central business district.

C. Permits shall be issued only to the operator of a business on the abutting property.

D. Permits are not transferrable to any entity or person and are valid only as to the original applicant.

E. Permits are temporary and nonpermanent in nature, and the permittee shall have neither a property interest in nor any entitlement to the granting or continuation of any such permit.

F. Permits may be terminated by the city with or without cause regardless of the nature and scope of financial or other interests in or on account of the permit, the permitted use, or the permittee.

G. Permits, sidewalk dining areas, and all obstructions in the public walkway shall conform to all other applicable federal, state and local requirements, except as otherwise provided herein.

(Ord. 2249 § 1 (part), 1999)

A person desiring a permit shall file an application with the director and pay the application fee of fifty dollars. The application shall include a declaration under penalty of perjury that all information contained therein is true and correct, and contain at a minimum the following information:

A. The name, business address, and telephone number of the applicant and contact person if different from the applicant.

B. If the applicant is not the owner of the abutting property, then the applicant shall obtain written approval of the application signed by the legal owner of abutting property, or by the owner's duly authorized agent. Any person signing the application as an agent shall provide the city with a written, notarized authorization for such purpose.

C. Plans satisfactory to the director that show in detail the dimensions of the sidewalk dining area, a description of its use, and the arrangement of the occupancy, including, without limitation, all obstructions and activities in the public walkway, the number of seats and tables, a schedule of time of use, and all utility connections to be utilized in connection with such occupancy.

D. If the applicant wishes to serve alcohol within the sidewalk dining area, then the applicant must demonstrate the manner of intended compliance with the additional standards for serving alcohol set forth in Section 13.25.110.

(Ord. 2249 § 1 (part), 1999)

Any permittee desiring to change the permitted use in any manner, including, without limitation, increasing the size of the sidewalk dining area, changing substantially the use or arrangement of the occupancy, or adding alcohol service to the sidewalk dining area, shall file a new application pursuant to this chapter.

(Ord. 2249 § 1 (part), 1999)

A. Public Hearing. The director shall hold a public hearing on an application for a permit; provided, however, that if no concern is received as prescribed in subsection (D)(4) of this section, the director may elect not to hold a public hearing.

B. Time of Hearing. Within five working days after acceptance of a completed application, the director shall set a time and place for a public hearing to be held within ten days.

C. Posted Notice. Within five working days after the hearing date is set, and no less than five days before the date of the public hearing, notice on a form approved by the director of the requested permit shall be conspicuously posted on the abutting property and on the same side of the public street as the abutting property and in both directions from the abutting property to the nearest cross street. Posting of the notice shall be the responsibility of the applicant.

D. Contents of Notice.

1. A description of the location of the abutting property and the purpose of the application;

2. A reference to application materials on file for detailed information;

3. A statement that any person may submit a written concern with the development services department which, when submitted prior to the date set for hearing, will cause a public hearing to be held, and stating the date of that hearing;

4. A statement that if no concern is received by the development services department prior to the hearing date, no public hearing will be held unless requested by the applicant or required by the director, and the decision on the requested permit will be made by the director upon the information submitted by the applicant, subject to the required findings and the conditions of the director; and

5. A statement of whether or not the applicant wishes to serve alcohol within the sidewalk dining area.

E. Public Hearing. The director shall preside over the public hearing and receive testimony for and against an application. A public hearing may be continued without additional public notice.

F. Decision and Notice. The director, within three working days of the conclusion of a public hearing, or within three working days following the date set for hearing in the notice if no public hearing is required, shall:

1. Make findings of fact as required by this chapter;

2. Based on the findings, approve, partially approve or disapprove the application, or approve the application subject to conditions, including, without limitation, conditions restricting the hours of sidewalk dining operation; and

3. Mail notice of the decision to the applicant and any other person requesting such notice.

(Ord. 2249 § 1 (part), 1999)

No permit may be issued until the application is approved by the director and all of the following findings are made by the director:

A. The proposed sidewalk dining activity meets the standards of this chapter;

B. The proposed sidewalk dining activity does not unduly interfere with the use of the public right-of-way by adjoining property owners and tenants;

C. The proposed sidewalk dining activity is compatible with the use and enjoyment of surrounding neighborhood uses;

D. The proposed sidewalk dining activity does not significantly impede travel on the public walkway or create a hazard to the safety or health of passersby;

E. The proposed sidewalk dining activity does not unlawfully alter the associated use of the abutting property; and

F. If the applicant requested to serve alcohol within the sidewalk dining area, the serving of alcohol in the specific sidewalk dining area would not be likely to create a nuisance to passersby or to adjoining businesses or otherwise create a danger to public health, safety or welfare.

(Ord. 2249 § 1 (part), 1999)

Notwithstanding a finding by the director to approve the serving of alcohol in a sidewalk dining area, no alcohol shall be served in the sidewalk dining area until an expansion of the on-sale alcoholic beverage license to the sidewalk dining area is approved pursuant to Division 9, commencing with Section 23000, of the California Business and Professions Code, and Section 64.2 of Chapter 1, Title 4, of the California Code of Regulations. The director's approval or failure to approve serving of alcohol in a sidewalk dining area shall be conveyed by the director to the department of alcoholic beverage control in response to any application by the permittee for the expansion to the sidewalk dining area of its on-sale alcoholic beverage license pursuant to Division 9, commencing with Section 23000, of the California Business and Professions Code, and Section 64.2 of Chapter 1, Title 4, of the California Code of Regulations.

(Ord. 2249 § 1 (part), 1999)

Any action taken by the director under this chapter may be appealed to the city manager whose decision shall be final. The applicant or any person may appeal the determination of the director to the city manager within seven calendar days after such determination has been mailed. Such appeal may be made by filing a written notice of appeal in letter form to the city manager, together with an appeal fee established by the city council by resolution. If no appeal is taken within seven days after the findings and decision of the director has been mailed and posted on the city hall bulletin board, the decision of the director shall be final.

(Ord. 2249 § 1 (part), 1999)

All permits issued pursuant to the terms of this chapter shall conform to all of the following requirements, and no permit may be issued which does not so conform:

A. The minimum width of the public walkway to be occupied shall be not less than ten feet, and the sidewalk dining area must permit at least five feet of unobstructed area of public walkway, unless additional or a lesser public walkway is approved by the director on the basis of the considerations specified in this chapter. The sidewalk dining area must permit at least three feet of clearance from the face of any curb where parallel parking is permitted.

B. The sidewalk dining area shall not extend beyond the boundaries of the adjoining property and shall not be located in a manner which interferes with the flow of pedestrian or other traffic.

C. The maximum height of any obstruction, except table umbrellas, shall be four feet, and all such obstructions shall be entirely portable.

D. Use, occupation and obstruction of the public walkway which is permitted under this chapter may be temporarily suspended without prior notice or hearing when, in the discretion of the director, the transportation and engineering director, the police chief or the fire chief, any such use, occupation or obstruction may interfere with public safety efforts or programs, street improvement activities, construction activities, cleaning efforts, special events, or other similar activities, or with the health, welfare or safety of the citizens of the city.

E. The sidewalk dining area and surrounding area shall be kept in a good state of repair and maintained in a clean, safe and sanitary condition.

F. The sidewalk dining area may be defined by placement of portable but sturdy fencing or other suitable dividers as required or approved by the director.

G. All fencing, dividers and obstructions shall also be reviewed and approved by the director in order to ensure that they are in keeping with the aesthetic and architectural character of the area and with all approved design guidelines for the area.

H. There shall be no modification of the surface of the public walkway.

I. The sidewalk dining area may not be located within fifteen feet of an intersection (measured to the prolongation of the nearest curb of the intersecting street) or within ten feet of a driveway or alley (measured to the nearest end of the fully depressed portion of an apron-type driveway or to the prolongation of the nearest curb of the driveway).

J. The sidewalk dining area shall be located in a manner which will not interfere with visibility, vehicular or pedestrian mobility, or access to city or public utility facilities. The determination of whether a sidewalk dining area or any part thereof interferes shall be made by the director at the time of application based on the characteristics of each proposed site.

K. There shall be no covering over any part of the sidewalk dining area except for individual table umbrellas with properly-weighted bases and awnings attached to the abutting property, approved pursuant to all city requirements.

L. The director may, in his sole discretion, place additional conditions upon the issuance of the permit in order to ensure the protection of the public right-of-way and the rights of all adjoining property owners and the health, safety and welfare of the public.

M. At least one covered trash container shall be provided in the outdoor dining area during the hours of operation and maintained in a clean and sanitary condition.

N. All objects used in conjunction with the sidewalk dining area shall be removed from the public right-of-way during closed business hours, except as otherwise approved by the director.

O. Any use of portable heating devices shall require the prior written approval of the fire department.

P. There shall be no smoking by patrons or employees within the sidewalk dining area.

Q. Hours of operation shall be limited to the hours of operation of the associated indoor dining establishment.

(Ord. 2374 § 11, 2006: Ord. 2249 § 1 (part), 1999)

In addition to the standards set forth in Section 13.25.100, all permittees serving alcohol in a sidewalk dining area must conform to all of the following requirements:

A. Prior to serving alcohol in a sidewalk dining area, the abutting property must possess (1) a valid on-sale alcoholic beverage license pursuant to Division 9, commencing with Section 23000, of the California Business and Professions Code, of Type 41 (on-sale beer and wine eating place) or Type 47 (on-sale general eating place) or their successor types; and (2) an expansion of the licensed premises to include the dimensions of the sidewalk dining area.

B. Alcohol may be served in a sidewalk dining area only to the extent that a valid sidewalk dining permit is otherwise in effect.

C. The sidewalk dining area shall be defined by a physical barrier designed to control ingress and egress that shall be reviewed and approved by the director and the Department of Alcoholic Beverage Control.

D. A permittee serving alcohol within a sidewalk dining area shall post conspicuously within the sidewalk dining area a sign which reads: It is unlawful for people to consume alcoholic beverages outside of this sidewalk dining area. RMC Section 10.25.010.

E. A permittee serving alcohol within a sidewalk dining area shall neither use nor allow any freestanding card or posted placard or sign of any size or kind promoting alcohol service or beverages within the sidewalk dining area.

F. Any other conditions which the director should find to be in the interests of the public health, safety or welfare.

(Ord. 2249 § 1 (part), 1999)

As a condition of issuance of the permit, the permittee, and any person acting under or pursuant to the permit, shall agree and covenant to indemnity and defend the city, its elected officials, officers, employees, agents and volunteers, against and hold them harmless from any and all claims, losses, damages, and liability for damages, including attorneys' fees and other costs of defense incurred by the city, whether for damage to or loss of property or injury to or death of person(s), including properties of the city and injury to or death of the city's elected officials, officers, employees, agents and volunteers, arising out of or resulting from, or claimed to arise out of or result from, directly or indirectly, any acts, errors or omissions of the permittee, its employees, agents, representatives, subcontractors, customers or invitees, by reason of, arising out of, resulting from, or in any manner connected with the city's grant of the permit to the permittee or any and all acts, operations, or privileges undertaken pursuant to the permit, whether or not allowed or authorized, including, without limitation, any condition of the property used in the permittee's operations or pursuant to the permit.

As a further condition of issuance of the permit, the permittee shall agree and covenant not to sue the city, its elected officials, officers, employees, agents and volunteers, and shall cause its insurers to waive subrogation against the city, its elected officials, officers, employees, agents and volunteers, with respect to any action, cause of action, claim or demand in any way resulting from or connected with the city's grant of the permit and/or any and all undertakings and operations conducted pursuant to the permit.

(Ord. 2249 § 1 (part), 1999)

As a condition for issuance of the permit, the permittee shall file with the city a certificate of liability insurance evidencing coverage for bodily injury and property damage liability in an amount and form approved by the city's risk manager. The liability insurance policy shall name the city, its elected officials, officers, employees, agents and volunteers, as additional insureds. The permittee shall annually submit to the city such a certificate of liability insurance with payment of the annual permit renewal fee required by Section 13.25.140. Failure to submit the certificate of liability insurance when due shall terminate the permit. An application for a new permit must then be filed if the permittee wishes to operate a sidewalk dining area.

(Ord. 2249 § 1 (part), 1999)

The permittee shall pay, prior to the deadline date specified on the permit, an annual permit renewal fee in the amount of fifty dollars. Failure to pay the annual renewal fee prior to the deadline date shall terminate the permit. An application for a new permit must then be filed if the permittee wishes to operate a sidewalk dining area.

(Ord. 2249 § 1 (part), 1999)

A. The director shall notify the permittee in writing of any termination of the permit and specify the time within which the termination is to take place; or the director may, in his sole discretion, immediately terminate the permit without prior notice. Upon mail or personal delivery of a notice of termination, the city shall have the right to require the immediate removal of all obstructions in the public walkway, and may perform such removal if the permittee fails to do so within such time as specified by the director. The permittee shall reimburse the city for any expenses incurred by the city in removing any obstructions in the event they are not removed by the permittee within the time required by the city.

B. Should the permittee continue to use the public walkway after the permit has been terminated, the city may take appropriate action to restrain the use of the public walkway by the permittee. in such event, the permittee shall reimburse the city for its reasonable costs and expenses in connection therewith, including reasonable attorneys' fees and court costs, if any.

C. In the event a permit is terminated by the city, the permittee shall be entitled to a pro rata refund of the annual permit fee.

(Ord. 2249 § 1 (part), 1999)

The city reserves the right to maintain, as determined in the sole exercise of its staff's discretion, the public right-of-way, public facilities, trees, utilities, and related facilities, including the right to tear up the sidewalk at any time. The city may remove, or cause the removal and destruction of, the permittee's personal property if it is not moved or removed by the permittee when the city exercises its rights hereunder.

(Ord. 2249 § 1 (part), 1999)