Visalia Municipal Code Ch. 12.28 Sidewalk Dining Permits

The purpose of the regulations and standards in this chapter are to allow increased business and pedestrian traffic by providing safe and visually appealing opportunities for outside dining in public rights-of-way in the downtown areas zoned C-DT. Nothing in this chapter is intended to prohibit or regulate outdoor dining as may be permitted in the zoning ordinance. Provisions of the smoking ordinance will apply. (Prior code § 3700)

"Outdoor dining," as applied in this chapter, means the use of sidewalks and public rights-of-way by an eating establishment for the serving and consumption of food and/or beverages. (Prior code § 3701)

Outdoor dining is not allowed in public rights-of-way without an outdoor dining permit and an encroachment permit as set forth in Section 12.28.100. (Prior code § 3702)

Outdoor dining is not permitted where the speed, volume or proximity of vehicular traffic is not compatible with sidewalk dining. All outdoor dining areas must be adjacent to and incidental to the operation of an indoor restaurant. Use of the sidewalk must be confined to the actual sidewalk and public right-of-way frontage of the indoor restaurant building and must be clearly delineated from adjacent businesses and pedestrian traffic, utilizing sidewalk striping or other nonpermanent methods. (Prior code § 3703)

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. The outdoor dining area shall leave not less than five consecutive feet of sidewalk width at every point which is clear and unimpeded for pedestrian traffic. (Prior code § 3704)

The service of alcoholic beverages shall be restricted solely to on-premise consumption by customers within the outdoor dining area. Each of the following standards apply to alcoholic beverage service:

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

B. The outdoor dining area must be clearly delineated from pedestrian traffic;

C. The operator shall post a written notice to customers that the drinking or carrying of an open container of alcohol is prohibited and unlawful outside the outdoor dining area;

D. The outdoor dining operation must be duly licensed by the state department of Alcoholic Beverage Control. (Prior code § 3705)

The operator shall not permit the following outside the building: food preparation, tables preset with utensils, glasses, napkins, condiments, busing service stations, or trash and garbage storage. All exterior surfaces within the outdoor dining area shall be easily cleanable and shall be kept clean at all times by the permittee. Restrooms sufficient for indoor and outdoor dining shall be provided in the adjoining indoor restaurant. The permittee shall be responsible for maintaining the outdoor dining area, including the sidewalk surface and furniture and adjacent areas, in a clean and safe condition. (Prior code § 3706)

Hours of operation for outdoor dining areas are to coincide with those of the adjoining indoor restaurant. (Prior code § 3707)

Outdoor dining is an interruptible or terminable privilege. The city shall have the right and power, acting through the city manager or his/her designee, 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. Such 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. To the extent possible, the permittee shall be given prior notice of any time period during which the operation of the outdoor dining area will be prohibited by the city. (Prior code § 3708)

A. Applicants for outdoor dining permits shall be required to go through the site plan review process, as provided in Chapter 17.28. The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of handling the application. The decision of the site plan review staff shall include the following mandatory findings:

1. That the proposed operation meets the limitations of this chapter;

2. That the configuration of the outdoor dining area, including table placement and the method of delineation from pedestrian traffic, and signage meets the minimum standards of this article.

B. In addition, requirements or conditions consistent with this chapter may be added as deemed necessary by the committee.

C. The director of public works or his/her designee is authorized to issue the necessary encroachment permit. The director of public works shall condition the permit on:

1. Execution of an agreement holding the city harmless against claims from the applicant, patrons of the outdoor dining area, and pedestrians, in a form acceptable to the city attorney;

2. Applicant's insurance meeting the requirements contained in Section 12.12.030 (certificate of insurance), excluding commercial automobile liability. The city shall be listed as additional insured on the endorsement and tied to the permit number to specify location and circumstances;

3. Such other conditions as are necessary for public safety or to protect public improvements, as determined through site plan review;

4. Conditions necessary to restore the appearance of the sidewalk to its original condition on termination of use.

(Ord. 2024-07 § 3 (part), 2024: Prior code § 3709)

The outdoor dining permit shall run with the land and shall continue to be valid upon a change in ownership of the dining establishment, subject to the conditions of approval. (Prior code § 3712)

An outdoor dining permit may be revoked by the site plan review staff following notice to the permittee. The permit may be revoked if one or more conditions of the permit or of this chapter have been violated or if the outdoor dining area is being operated in a manner which constitutes a nuisance, or the operation of the sidewalk dining area unduly impedes or restricts the movement of pedestrians past the outdoor dining area. Following revocation of an outdoor dining permit, no application for the same site shall be filed within six months from the date of revocation.

(Ord. 2024-07 § 3 (part), 2024: Ord. 9605 § 25(part), 1996: prior code § 3713)

In accord with the following provisions, any applicant or other interested person dissatisfied with any decision made under this chapter may appeal such decision:

A. The decision of the site plan review staff may be appealed to the planning commission and city council as provided in Sections 17.28.050 and 17.28.060.

B. Unless otherwise indicated, all appeals shall be made in writing and state the reason(s) for appeal. Such appeals shall be filed with the engineering and building department director or the city clerk as provided in Sections 17.28.050 and 17.28.060.

C. 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 body hearing the appeal.

D. Appeals shall be scheduled for the earliest regular meeting of the hearing body, not less than fifteen (15) days or more than forty-five (45) days after the date of filing an appeal, consistent with the agenda preparation procedures and schedule of the hearing body.

E. All appeals shall be considered in a public meeting consistent with the procedures set forth in Sections 17.28.050 and 17.28.060. All decision-making bodies hearing appeals shall consider the project in its entirety.

F. 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. 2024-07 §§ 2, 3 (part), 2024: Ord. 9605 § 25(part), 1996: prior code § 3716)

The planning and community preservation director and zoning compliance inspector, or other person authorized by the city manager, shall be authorized to enforce provisions of this chapter and to take such action as may be necessary to ensure compliance with the regulations, general provisions or conditions imposed upon the outdoor dining permit.

(Ord. 2024-07 § 2 (part), 2024: Prior code § 3717)