Torrance Municipal Code Art. 2 Outdoor Restaurants

a) Outdoor restaurants as used in this Article shall mean any place of business, required to be licensed under the provisions of Sec. 42.1.4.(a), which sells or serves food products or beverages for consumption of such food products or beverages on any portion of such premises not within a fully enclosed building.

b) A fully enclosed building for the purpose of this Article only means a permanently located structure having a roof and four (4) walls all of which conform to the Building Code.

No person shall operate or cause to be operated or participate in the operation of any outdoor restaurant between the hours of 10:00 P.M. of any day and 8:00 A.M. of the next succeeding day without a permit from the License Department to do so having first been secured. No person, having obtained said permit, shall operate an outdoor restaurant between 10:00 P.M. of any day and 8:00 A.M. of the next day while such permit is suspended or after such permit has been revoked.

Permits issued under the provisions of this Article shall not be assignable to any other person.

The application for a permit required by this Article shall be made and signed by the person intending to operate such outdoor restaurant and be filed with the License Department Supervisor. The application shall contain the following information:

a) The intended hours of operation;

b) The name and address of the owner or in the event more than one natural person is financially interested in the proposed outdoor restaurant, the names and addresses of all owners, partners, officers and directors of the applicant;

c) Any other information reasonably required by the License Review Board.

Upon receipt of an application for a permit required by this Article from a person not then holding a valid permit for operation of such outdoor restaurant, the Chief of Police shall make an investigation of the applicant, the neighborhood or vicinity where such proposed outdoor restaurant is or will be located, and the past and anticipated characteristics of the intended use of the premises involved. Within twenty (20) days after receipt of said application, the License Review Board shall issue the permit if it finds:

a) That the application is complete and proper in form and all statements therein are true and correct;

b) That the proposed outdoor restaurant will create no apparent danger to the health and safety of the neighborhood or vicinity in which the restaurant is located;

c) That the conducting of the proposed outdoor restaurant at the location and during the hours applied for will not result in disturbing the peace and quiet of the neighborhood or vicinity in which such restaurant is located; and

d) That the intended use of the premises for which the permit is sought will not conflict with any laws of the State of California or ordinances of the City.

If the License Review Board finds that one or more of the requirements stated in Section 35.2.5. will not be satisfied in the operation of the proposed outdoor restaurant, said Board shall refuse to issue the permit. Provided, however, that the License Department may issue the permit upon the imposition of reasonable conditions appearing on the permit which, if observed by the applicant, will bring the intended operation into compliance with all of the requirements stated in Section 35.2.5. Violation of the conditions on the permit shall be a violation of this Code and shall subject the offenders to penalties.

(Amended by O-1674; O-1703)

Whenever any permit shall be issued by the License Department under the terms of this Article, the same may be revoked at any time thereafter, pursuant to Article 9 of Chapter 1. Revocation shall be effected if the conduct of the business in question does or will in any manner endanger the public welfare or is conducted in an illegal, improper or disorderly manner, or if any requirement of this Article or condition to the granting of a permit is not complied with.

It shall be the duty of the property owner at his expense to erect a sign approved by the License Review Board and the City Attorney, giving notice of application of Sections 45.1.1. and 45.1.2. of Division 4. Said sign shall be exempt from the requirements of the City Sign Ordinance and shall be subject to any conditions imposed as to shape and placement by the License Review Board.

The License Review Board may establish such rules and regulations, regulating the operation of such restaurants as will promote the purposes of this Article.