Chapter 9.120 — Outdoor Seating Permits

Sections:

9.120.010 Purpose

9.120.020 Applicability

9.120.030 Findings and Decision

9.120.040 Permit Issued

9.120.050 Time Limits

9.120.060 Interruptible or Terminable

9.120.070 Additional Administrative Regulations

This Chapter provides regulations for the approval of an Outdoor Seating Permit for outdoor restaurant seating that will encroach on City right-of-way or property.

Approval by the Commission of an Outdoor Seating Permit shall be conditioned upon the applicant submitting application for an encroachment permit and abiding only after first making the findings specified in Section 9.120.030 (Findings and Decision).

The Commission may approve or conditionally approve an application for a Outdoor Seating Permit if it finds all of the following. The proposed development will:

A. Comply with all building and fire codes;

B. Comply with all rules, orders, and regulations of the City Building and Fire Departments (and Kern County Fire Department where applicable), including, but not limited to, entry, exit, and emergency requirements;

C. Immediately grant access to any public utility easement in, under, above, or associated with the encroachment to any public utility or government entity upon request;

D. Allow no less than six feet of clear space between the encroachment and the curb as measured from the closest point to the curb line;

E. Maintain the sidewalk within the encroachment in a safe condition free of cracks, holes or defects;

F. Remove any encroachment upon written notice by the City Manager or his designee;

G. Maintain as a minimum insurance as required by the City Manager and immediately report any change or interruption of insurance coverage.

H. Comply with the following additional findings if alcohol is intended to be served:

1. Comply with all orders, rules and regulations of the Alcohol Beverage Control Board for the State of California.

Tehachapi Zoning Code | October 2014 Adopted |

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Chapter 9.120 Outdoor Seating Permits

2. Erect temporary City approved barriers meeting the following standards:

• a) Sufficient to prevent intermingling of patrons and pedestrians;

• b) Removable within 48 hours or less; and

• c) At least four feet in height but no more than six feet in height.

3. Provide the City with a certificate of insurance evidencing coverage as required in this Chapter for encroachments serving alcoholic beverages.

4. Prevent any and all possession of alcohol in the encroachment area after 10:00 p.m..

5. Prevent alcoholic beverages from being removed from the encroachment area into the street.

6. Comply with the Tehachapi police department concerning public safety.

I. Conditions may be imposed as are necessary for public safety or to protect public improvements, such as the posting of appropriate security to guaranty the restoration of the right-of-way upon termination of the permit, and by some form of fair-market rental as compensation to the public for use of the sidewalk or right-of-way in an amount established by a resolution of the Council.

A. The permit shall not be issued until the applicant has provided the Director with the certificate of insurance and such other evidence of insurance as City may reasonable require.

B. All policies shall have the City, its council members, commissioners, employees, and representatives as additionally insured and shall require the City be notified of cancellation or material change in coverage at least 30 days prior to same.

C. The policy shall be primary to City's policy with regard to the activities conducted within the permit.

A. The term of the permit shall not be longer than 12 months and may be renewed from time to time for 12 months by application for renewal prior to expiration of the permit.

B. A renewal term shall not be for longer than 12 months.

C. Renewal of a permit may be granted administratively by the Director.

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Chapter 9.120 Outdoor Seating Permits

A. The Outdoor Seating Permit is an interruptible or terminable permit granted by the City.

1. City shall have the right and power, acting through the Director, to prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area or right-of-way or because of violations of the terms of the permit.

2. Problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area.

The Council may adopt by resolution such additional administrative regulations consistent with this Chapter as it deems necessary for use of City sidewalks and public rights-of-way for consumption of food or beverages.

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9-58 | Adopted October 2014 | Tehachapi Zoning Code