Ordinance No. 19393 - Laserfiche WebLink

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7.450 Outdoor Cafes -Issuance of Permit. e city manager, or the manager's designee, may issue a per- mi t far an outdoor cafe al ~ owi ng the service of food or beverages within a public right of way provided the fol 1 owi ng conditions are met: ~ a } The permit apps i cant pays an apps i cati on fee established by the city manager; ~ b} The permit applicant assumes al ~ risks associated with the use of the right of way; ~ c} The permit apps i cant obtains ~ i obi ~ i ty insurance i n a form and amount determined by the city manager; ~ d} The permit applicant submits an application containing the i nfarmati on required by the city manager; ~ e} The permit applicant lawfu] ly operates a restaurant ad- jacent to the right of way for which the applicant seeks a permi t; ~ f} The owner of the restaurant property consents to issuance of the permit; ~ g} The permit applicant demonstrates that the use of the right of way wi 17 not interfere with existing utilities, pedes- trian use of the right of way nor pose a hazard to vehicular traffic. The permit applicant must demonstrate that, at a mi ni mum, there will be an unobstructed pedestrian passageway through the right of way of at least 5 feet i n width and that the use of the right of way will be i n compliance with vision clearance provi - sions of this code; ~h} The permit applicant obtains all other necessary state and local permits; ~i} Tf the applicant seeks to use the right of way in front of properties contiguous to the restaurant, the applicant demon- strates that a restaurant i s a permi tted use for the contiguous property and the owner of the Conti guaus property consents to the issuance of the permit; ~j} The permit applicant demonstrates that the use of the right of way will comply with all ordinances and codes of the city Including but not limited to the structural safety, sanitation and fire codes; ~ k} The permit applicant demonstrates that seating i n the right of way will be provided for no more than 24 persons or, if seating i s provided for a greater number that off-street parking as required by Chapter 9 of this code i s provided i n a rati o of no less than one parking space for each 4 seats over and above 20; 4l} The permit applicant demonstrates that the proposed use of the right of way i s not inconsistent with the use for which the right of way was dedicated to the city. ~2} No outdoor cafe permit shall be issued for premises located within the mall as defined by section 4.871 of this code except by mal 1 activity permit issued pursuant to section 4. S77 of this code. ~3} If the permit applicant wishes to undertake construction in the right of way i n conjunction with the operation of an outdoor cafe, the permit applicant shall demonstrate compliance with section 7.445 ~ 1 } of thi s code, but need not obtain a separate permit or pay a separate application fee as required by that section. Ordinance w 45