Santa Barbara Municipal Code Ch. 5.09 Use of Tables on Public Sidewalks for Non-Commercial Purposes

No person shall place on or upon any public sidewalk or walkway within the corporate limits of the City, on or upon any sidewalk or walkway within the City held open to the use of the general public, any table, desk, counter or similar device as an adjunct to any non-commercial activity of a charitable or political nature without having first secured a permit therefor.

(Ord. 3446 §1, 1970)

Any permit required by Section 5.09.010 issued by the Tax and Permit Inspector upon application therefor, shall be issued upon the following mandatory conditions:

A. All permitted tables, desks, counters or similar devices shall be placed and located in such manner as not to obstruct the free movement of pedestrian traffic, and so as not to interfere with the entry-way or exit-way of any business establishment;

B. No table, desk, counter or similar device shall be placed closer than 100 feet to one another on the same side of the street in any one block, and there shall be no more than a total of three tables, desks or similar devices on the same side of the street in any one block;

C. No permit shall be issued under this chapter for periods during which celebrations, parades or similar events are being held which customarily cause the congregation of crowds of spectators in the area in which the applicant wishes to place any table, desk or counter;

D. No permit shall be issued under this chapter for the periods of the Santa Barbara Arts and Crafts Show established under Chapter 15.08 of this code for the sidewalk adjacent to the Show.

(Ord. 3446 §1, 1970; Ord. 3776, 1975)

No permit issued pursuant to this chapter shall be valid for a period longer than 30 days. Any permit which has expired may be renewed by the permittee if, during the prior permit period, the permittee has complied with all the provisions, conditions and regulations of this chapter.

(Ord. 3446 §1, 1970)

Any person desiring a permit as required under this chapter shall file a verified application therefor with the Tax and Permit Inspector containing the following information:

A. The name, address and telephone number of the person applying for the permit;

B. The name, address and telephone number of the organization, if any, for whose benefit the permit is being sought; together with the name, address and telephone number of the principal officer of the organization;

C. The proposed locations of any and all tables, desks, counters or similar devices which the applicant seeks to maintain;

D. The total period of time and the hours during each day during which the applicant intends to maintain the tables, desks or counters;

E. The nature of the proposed activity which the applicant seeks to undertake.

(Ord. 3446 §1, 1970)

The applicant shall, in addition to the application required by this chapter, submit an application fee of one dollar for each table which he or she proposes to maintain.

(Ord. 3446 §1, 1970)

The Tax and Permit Inspector shall issue the permit provided for in this chapter, unless it is found that one or more of the statements in the application are untrue.

(Ord. 3446 §1, 1970)

No permit issued under this chapter shall be transferable.

(Ord. 3446 §1, 1970)

No permit issued under this chapter shall constitute a license or authorization by the City to enter into or to trespass upon any private premises or property without the consent of the owner thereof.

(Ord. 3446 §1, 1970)

Whenever it shall be shown or whenever the Tax and Permit Inspector has knowledge that any person to whom a permit has been issued under this chapter has violated any of the provisions of this chapter or while maintaining any permitted table, desk or counter has violated any penal law, or that any permittee or any agent or representative of such permittee, has made any misrepresentation concerning activities for which any table, desk or counter is maintained, the Tax and Permit Inspector may immediately suspend the permit issued and give the permittee written notice, in person or by registered special delivery mail of a hearing before a hearing board composed of the Tax and Permit Inspector, the City Attorney or his or her authorized delegate and the City Administrator or his or her authorized delegate, to be held within five days of such suspension to determine whether or not the permit should be revoked. This notice must contain a statement of the facts upon which the Tax and Permit Inspector has acted in suspending the permit. At the hearing the permittee, and any other interested person, shall have the right to present evidence as to the facts upon which the Tax and Permit Inspector based the suspension of the permit, and any other facts which may aid the hearing board in determining whether this chapter or other law has been violated or whether a misrepresentation has been made. If, after such hearing, the hearing board finds that this chapter or other law has been violated or that misrepresentation has occurred, the Tax and Permit Inspector shall within two days after the hearing, file in his or her office for public inspection and serve personally or by mail upon the permittee and all interested persons participating in the hearing, a written statement of the facts upon which the hearing board based such finding and shall immediately revoke the permit. If, after such hearing, the hearing board finds that this chapter or other law has not been violated or that misrepresentation has occurred, the Tax and Permit Inspector shall within two days after the hearing, mail or give to the permittee a written statement canceling the suspension of the permit and stating that no violation or misrepresentation was found to have been committed.

(Ord. 3446 §1, 1970; Ord. 3766, 1975)

If any person is aggrieved by any ruling on any application filed pursuant to the provisions of this chapter, or by any revocation, such aggrieved person may appeal pursuant to the provisions of Section 1.30.050 of this code.

(Ord. 3446 §1, 1970; Ord. 5136, 1999)