Chapter 12.12
OUTDOOR DINING IN PUBLIC RIGHTS-OF-WAY

Sections

12.12.010    Purpose

12.12.020    Definitions

12.12.030    Outdoor dining permit required

12.12.040    Where outdoor dining in public rights-of-way permitted

12.12.050    Required sidewalk width

12.12.060    Alcoholic beverage restrictions

12.12.070    Health standards

12.12.080    Hours of operation

12.12.090    Special closures

12.12.100    Permit issuance

12.12.110    Permit—term—renewal—fees

12.12.120    Permit revocation

12.12.010 Purpose

The purpose of the regulations and standards in this chapter is to allow increased business and pedestrian traffic by providing safe and visually appealing opportunities for outside dining. [Ord. 960 §1, 1993]

12.12.020 Definitions

“Outdoor dining” means the use of sidewalks and public rights-of-way for the consumption of food and/or beverages. [Ord. 960 §1, 1993]

12.12.030 Outdoor dining permit required

Outdoor dining is not allowed without an outdoor dining permit as set forth in KCC 12.12.100. [Ord. 1344 §2, 2016; Ord. 960 §1, 1993]

12.12.040 Where outdoor dining in public rights-of-way permitted

Outdoor dining is not permitted where the speed, volume, or nearness of vehicular traffic is not compatible with sidewalk dining. All outdoor dining areas must be adjacent and incidental to the operation of an indoor restaurant or other establishment serving food or beverages to the public. Use of the sidewalk must be confined to the actual sidewalk and public right-of-way frontage of the indoor restaurant building. [Ord. 960 §1, 1993]

12.12.050 Required sidewalk width

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. [Ord. 960 §1, 1993]

12.12.060 Alcoholic beverage restrictions

The service of alcoholic beverages on public property in outdoor dining areas is prohibited. [Ord. 960 §1, 1993]

12.12.070 Health standards

The operator shall not permit food preparation or bussing service stations outside the building. 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 customers shall be provided in the adjoining food service business. The permittee shall be responsible for providing covered trash containers and for maintaining the outdoor dining area, including the sidewalk surface and furniture and adjacent areas, in a clean and safe condition. [Ord. 960 §1, 1993]

12.12.080 Hours of operation

Outdoor cafes may operate between 7:00 a.m. and 10:00 p.m. [Ord. 960 §1, 1993]

12.12.090 Special closures

Outdoor dining is an interruptible or terminable privilege. The city shall have the right and power, acting through the city manager, 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 written notice of any time period during which the operation of the outdoor dining area will be prohibited by the city. [Ord. 960 §1, 1993]

12.12.100 Permit issuance

Outdoor dining permits shall be issued by the city manager. All such permits shall be conditioned upon (a) execution of a hold-harmless agreement in a form acceptable to the city attorney, (b) insurance meeting the requirement of the finance director, (c) such other conditions as are necessary for public safety or to protect public improvements, and (d) conditions necessary to restore the appearance of the sidewalk on termination of use. [Ord. 960 §1, 1993]

12.12.110 Permit—term—renewal—fees

The initial term of an outdoor dining permit is 30 days. Thereafter, the city manager may extend the permit for additional periods, not to exceed one year each, following a review and approval of the operation. The city manager shall take into account any problems associated with the public health, safety, or welfare which have arisen during the initial period of operation under the permit in determining whether or not to issue a further permit or whether additional or revised conditions should be made applicable to the permit. The fees for an outdoor dining permit shall be established by a resolution of the council. [Ord. 960 §1, 1993]

12.12.120 Permit revocation

An outdoor dining permit may be revoked by the city manager 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 that the operation of the sidewalk cafe unduly impedes or restricts the movement of pedestrians past the outdoor dining area. [Ord. 960 §1, 1993]