Chapter 5.60


5.60.010    Purpose.

5.60.020    Applicability.

5.60.030    Administration by Director.

5.60.040    Permit required.

5.60.050    Nature of the permit.

5.60.060    Application.

5.60.070    Grounds for approval.

5.60.080    Permit requirements.

5.60.090    General permit conditions.

5.60.100    Alcohol-related conditions.

5.60.110    Special permit conditions.

5.60.120    Subsequent conditions.

5.60.130    Change in permit information.

5.60.140    Permit modification, suspension, revocation.

5.60.150    Interruption of use.

5.60.160    Notice.

5.60.170    Appeals.

5.60.180    Enforcement.

5.60.190    Administrative fines.

5.60.010 Purpose.

A. The purpose of this chapter is to establish uniform regulations for allowing outdoor dining within the downtown core and the public right-of-way. The City’s intent in adopting this chapter is to establish reasonable restrictions on the ability for restaurants to engage in the use of the public rights-of-way to promote the public welfare while still protecting public health and safety.

B. The regulations set forth in this chapter must be used in conjunction with the regulations set forth in the Downtown Specific Plan and the outdoor dining administrative guidelines for all outdoor dining activities. Nothing in this chapter is intended to supersede the Downtown Specific Plan. The Downtown Specific Plan prevails over any conflicting part of this chapter. (Ord. 2135 § 5 (Exh. B), 2022)

5.60.020 Applicability.

This chapter applies to dining establishments in the downtown core seeking to provide outdoor dining in the public right-of-way. (Ord. 2135 § 5 (Exh. B), 2022)

5.60.030 Administration by Director.

The Community Development Director (“Director”) or his or her designee will receive applications, issue and revoke permits, and implement this chapter according to the procedures set forth herein. (Ord. 2135 § 5 (Exh. B), 2022)

5.60.040 Permit required.

A. No person shall allow, cause, or engage in outdoor dining in the public right-of-way without a valid outdoor dining permit issued pursuant to this chapter.

B. Possessing a valid outdoor dining permit does not excuse any failure to otherwise comply with this code or other applicable law. (Ord. 2135 § 5 (Exh. B), 2022)

5.60.050 Nature of the permit.

Outdoor dining permits issued pursuant to this chapter are subject to the following limitations:

A. Permits are personal to the applicant, and to the premises upon which outdoor dining is conducted. No other individual may conduct outdoor dining under the authority of a permit issued to another. For purposes of this chapter, a permit is not deemed transferred or assigned if the permittee is a corporation or partnership which remains under the control of the same individual or individuals who controlled it at the time the permit was approved.

B. Permits shall not be transferred or assigned.

C. No property rights are conferred to the applicant/permittee.

D. There is no right of renewal.

E. Permits are specific to the location identified on the permit application. A new permit shall be required if the permitted outdoor dining use is relocated, or a major alteration is made to the outdoor dining use identified on the permit. (Ord. 2135 § 5 (Exh. B), 2022)

5.60.060 Application.

Any individual seeking to provide outdoor dining in the public right-of-way shall submit the following:

A. A completed general planning application form with the property and business owner signatures.

B. Appropriate application fees and deposits.

C. A dimensional site plan that demonstrates:

1. The underlying right-of-way (and parking spaces if requesting to use the flexible zone) and the location of adjacent City street trees and furnishings, including but not limited to planters, light poles, trellis structures, benches, trash containers, kiosks, etc.

2. An outline of the area proposed for outdoor dining use and the location of any existing and adjacent outdoor dining uses.

3. The proposed layout of all use furnishings including but not limited to tables, chairs, umbrellas, heaters, planters, fencing, signage, etc.

4. The proposed electrical connections to serve the use of electrical service is requested. (Electrical service is permitted for lighting only.)

5. The proposed circulation to and from the outdoor dining use and the associated business, general pedestrian circulation, and building ingress/egress.

D. A diagram showing the proposed location of the outdoor dining use with all seating and signage.

E. If an outdoor dining use is requesting to expand in front of an adjacent business, the applicant shall provide a letter of agreement signed by the underlying adjacent property owner, if reasonably practicable, and the adjacent business owner. The applicant must demonstrate that the proposed use will not block the display windows or signage of the adjacent business.

F. Specifications for the design, colors, and materials of all proposed furnishings including but not limited to tables, chairs, umbrellas, heaters, planters, fencing, trash receptacles, etc., demonstrating that all furnishings are of commercial grade and designed for outdoor use.

G. Specifications for all proposed signage.

H. A lighting plan, including under umbrella, table lighting, and any other lighting proposed, including fixture and lamp type and locations.

I. An operational schedule including hours, days, and months. (Outdoor dining uses within the sidewalk area shall be required to operate for a minimum of four hours per day, and outdoor dining uses within the flexible zone shall be required to operate for a minimum of eight hours per day, six days a week as weather permits.)

J. A signed copy of the outdoor dining maintenance and removal agreement.

K. A copy of the applicant’s City of Livermore business license. (Ord. 2135 § 5 (Exh. B), 2022)

5.60.070 Grounds for approval.

The Director shall only approve or conditionally approve an application for an outdoor dining permit if the following findings can be made:

A. That the design, location, and layout of the proposed outdoor dining use are consistent with the requirements for use, development, design and permitting contained within Downtown Specific Plan Chapters 5, 6 and 10, the outdoor dining administrative guidelines, and all other applicable laws and regulations.

B. That the proposed outdoor dining use will promote the continued development and revitalization of the City’s pedestrian-oriented downtown by assisting in the creation of a lively and inviting streetscape.

C. That the outdoor dining use will not pose a danger to the public health, safety, or welfare, and/or any violations of these standards or the conditions of a previous permit have been abated or corrected prior to the issuance of a subsequent permit. (Ord. 2135 § 5 (Exh. B), 2022)

5.60.080 Permit requirements.

Outdoor dining uses shall be subject to all of the following:

A. Outdoor dining uses shall comply with Chapters 5, 6, and 10 of the Downtown Specific Plan, the outdoor dining administrative guidelines, and this chapter.

B. During the year for which the permit is issued, flexible zone use is limited to a period of eight months, beginning in March, and ending in October.

C. Each year, the applicant shall submit a complete application for an outdoor dining permit as defined above, including application, service and maintenance charges and deposits. The Director shall approve or deny the permit request and provide written notification of the action taken to the applicant.

D. Outdoor dining uses shall provide for adequate pedestrian circulation. Outdoor dining uses in the public right-of-way shall maintain a minimum of five feet of clearance between dining furnishings and any curb line or street furniture.

E. Outdoor dining uses shall comply with the Americans with Disabilities Act (ADA).

F. The City may charge a rental fee for use of public property. (Ord. 2135 § 5 (Exh. B), 2022)

5.60.090 General permit conditions.

A. Term. Unless suspended or revoked, permits issued pursuant to this chapter shall be valid from March to October. Should a permit expire, the permittee shall comply with this chapter to obtain a new permit.

B. Insurance. Permittees shall obtain liability insurance in the form and amount set by the City’s risk manager.

C. Agreement. The permittee shall enter into an outdoor dining maintenance and removal agreement with the City, in a form approved by the City Attorney.

D. Responsible Person. “Responsible person” is defined as the permittee, owner, manager or other person exercising control over the operation of an outdoor dining use, whether or not that person is a named permittee. A responsible person shall be present during all hours that the outdoor dining use is being operated.

E. Access. Responsible persons shall allow authorized law enforcement officers to enter onto establishments to ensure compliance with this chapter during business hours. (Ord. 2135 § 5 (Exh. B), 2022)

5.60.100 Alcohol-related conditions.

Outdoor dining uses that serve alcoholic beverages shall comply with the following:

A. The applicant for an outdoor dining use shall obtain and maintain all licenses required by the Alcohol Beverage Control Act (Business and Professions Code Section 23300 et seq.).

B. If complaints are received regarding excessive noise, lighting, building access, or other disturbances associated with alcohol service at the restaurant, the Director may, in his or her discretion, take action to review the outdoor dining permit including, without limitation, adding conditions or suspending or revoking the permit. (Ord. 2135 § 5 (Exh. B), 2022)

5.60.110 Special permit conditions.

A. Grounds for Special Permit Conditions. The Director may condition a permit with reasonable requirements to protect public health, safety, and welfare. These conditions may include, without limitation, the following:

1. Accommodating pedestrian and vehicular traffic;

2. Obtaining any and all business licenses required by this code for the sale of food, beverages, or other goods or services.

B. An applicant for a permit may request, and the Director may approve, extended operating hours that will be applicable to the permitted establishment. The extended operating hours approved by the Director, and any conditions relating thereto, must be specifically stated in the permit. (Ord. 2135 § 5 (Exh. B), 2022)

5.60.120 Subsequent conditions.

The Director may condition previously issued permits upon learning or discovering facts not previously disclosed. (Ord. 2135 § 5 (Exh. B), 2022)

5.60.130 Change in permit information.

A. Whenever any change occurs in the information contained in the permit, the permittee shall give the Director written notice of the change within 30 days of the date that the change becomes effective.

B. If a permittee fails to give the Director timely written notice of a change in the information contained in the application, the Director may charge the permittee an additional administrative fee. (Ord. 2135 § 5 (Exh. B), 2022)

5.60.140 Permit modification, suspension, revocation.

The Director may modify, suspend, or revoke a permit if any of the following apply:

A. Upon learning or discovering facts requiring permit denial not previously disclosed by the applicant.

B. When the permittee violates the permit’s terms and conditions, or when permittee violates applicable laws or regulations; provided, however, that the Director will not revoke a permit without warning the permittee and allowing him/her to correct the violation(s) within 15 days from the date of the notice of the violation.

C. Three violations of any provisions of this chapter, the Downtown Specific Plan, or the outdoor dining administrative guidelines, or any combination thereof, within one calendar year. (Ord. 2135 § 5 (Exh. B), 2022)

5.60.150 Interruption of use.

A. The Director or his or her designee may order immediate suspension of a permit whenever there is an emergency that requires such action to protect public safety.

B. An outdoor dining permit is an interruptible privilege. The City may interrupt the operation of an outdoor dining use at any time due to anticipated or actual conflicts. Such conflicts may arise from, but are not limited to, scheduled festivals and similar events, parades or marches, repairs to the public right-of-way, or demonstrations or emergencies occurring in the area. Outdoor dining uses shall be permitted to continue during special events unless the City of Livermore specifically requests that the use temporarily discontinue for the duration of the event. Such request may include the removal of all use furnishings. (Ord. 2135 § 5 (Exh. B), 2022)

5.60.160 Notice.

Where the provisions of this chapter require that an applicant/permittee be served with notice, such notice may be provided by one of the following methods: personally delivered to the applicant or permittee, mailed via first class U.S. mail to the applicant/permittee’s last known address, or emailed to the applicant/permittee’s email address indicated on his or her application. (Ord. 2135 § 5 (Exh. B), 2022)

5.60.170 Appeals.

An applicant or permittee may appeal any Director decision made pursuant to this chapter in accordance with the provisions set forth in Chapter 1.22 LMC. (Ord. 2135 § 5 (Exh. B), 2022)

5.60.180 Enforcement.

A violation of this chapter constitutes an infraction. Any violation of this chapter may also be abated as a public nuisance. The remedies provided by this chapter are cumulative and in addition to any other criminal or civil remedies available under the law. (Ord. 2135 § 5 (Exh. B), 2022)

5.60.190 Administrative fines.

A. In addition to any other enforcement remedy, administrative citations may be issued to any responsible person for violations of this chapter.

B. An administrative citation issued for a violation of this chapter may be appealed in accordance with Chapter 1.20 LMC. (Ord. 2135 § 5 (Exh. B), 2022)