Chapter 12.06
SIDEWALK SEATING PERMITS

Sections:

12.06.010  Purpose.

12.06.020  Sidewalk seating defined.

12.06.030  Administration.

12.06.040  Requirements and limitations.

12.06.050  Terms and renewal.

12.06.060  Revocation.

12.06.070  Appeals.

12.06.010  Purpose.

The purpose of this chapter is to set forth the conditions and requirements under which sidewalk seating, as defined, may be allowed to operate by permit on a public sidewalk within the city. Notwithstanding any other provision of this title, permits for sidewalk seating shall be administered as set forth in this chapter. (Ord. 93-3 § 3, 1993).

12.06.020  Sidewalk seating defined.

Sidewalk seating is any group of tables, chairs and appurtenances situated and maintained upon the public sidewalk for use in connection with the consumption of food and beverages sold to the public from an adjoining indoor restaurant. (Ord. 93-3 § 3, 1993).

12.06.030  Administration.

Sidewalk seating shall be allowed only by issuance of a permit approved by the community development director through the following procedure:

A.  The applicant shall submit a complete application, the form and content of which shall be as defined by the community development director. Fees for the application for or renewal of a sidewalk seating permit shall be set forth by the city council through resolution and as modified by the city council from time to time. Applications for sidewalk seating permits shall not be processed until a complete application has been made to the satisfaction of the community development director and all fees paid.

B.  The community development director shall provide notice of the application by posting the site and its surroundings for a period of 14 days.

C.  The community development director shall circulate the application to interested city departments for comments.

D.  At the close of the 14-day review period, the community development director shall act on the application, as follows: (1) grant the application, subject to conditions, if it meets the requirements of this chapter; (2) deny the application if it does not meet the requirements of this chapter; (3) refer the application to the planning commission for a determination if substantial public concerns have been expressed in the course of the review period. (Ord. 93-3 § 3, 1993).

12.06.040  Requirements and limitations.

Sidewalk seating applications shall be subject to the following requirements and limitations:

A.  Sidewalk seating shall only be allowed in commercial zoning districts only and only in conjunction with and directly adjacent to an indoor restaurant which operates the seating. The sidewalk seating area shall extend no further than the actual street frontage of the indoor restaurant space. The sidewalk seating associated with an indoor restaurant shall be confined to a single area as designated on an approved permit.

B.  The total amount of outdoor seating associated with an indoor restaurant, whether on the sidewalk or on private property, shall not exceed 25 percent of the indoor seating of the restaurant, unless a greater amount is approved by use permit as set forth in Chapter 19.03 SMC.

C.  Outdoor seating areas shall only be allowed where there is adequate room to accommodate both normal pedestrian and handicapped traffic and the seating area. A minimum six-foot clear area of sidewalk between the seating area and any curb or obstruction shall be provided.

D.  All outdoor seating furniture, including tables, chairs, planters and umbrellas, shall be moveable. Umbrellas must be secured with a minimum base of not less than 60 pounds. Outdoor heaters, music and speakers are prohibited.

E.  The operator shall not permit the following outside the building: food preparation; tables preset with utensils, glasses, napkins or condiments; busing stations or storage; trash receptacles. All exterior surfaces shall be easily cleanable and shall be kept clean at all times by the permittee. The permittee shall be responsible for maintaining the outdoor seating area in a clean and safe condition at all times.

F.  Hours of operation shall be between 7:00 a.m. and 10:00 p.m. Tables, chairs and all other furniture shall be removed from the sidewalk and stored indoors at night and whenever the seating area is not in use. The city, acting through the city manager or his designee, shall have the right to prohibit the operation of an outdoor seating area at any time because of actual or anticipated conflicts in the use of the sidewalk area. Such conflicts may arise from, but are not limited to, scheduled events or festivals, parades, repairs to the street or sidewalk, demonstrations, or emergencies. To the extent possible, the city shall endeavor to provide prior written notice to the permittee that the operation of the sidewalk seating area will be suspended, but failure to provide such notice shall not affect the right and power of the city to prohibit the operation of any sidewalk seating area at any time. The decision to suspend operation of an outdoor seating area shall not be subject to appeal unless the suspension exceeds 30 days.

G.  Prior to the issuance of a sidewalk seating permit, the applicant shall provide proof of insurance and indemnification as required under the city’s risk management policies.

H.  Compliance with all applicable regulations of the department of alcoholic beverage control shall be required. (Ord. 93-3 § 3, 1993).

12.06.050  Terms and renewal.

A sidewalk seating permit shall be valid for a period of one year. As long as all terms of the permit continue to be met and substantive complaints about the operation have not been received, the community development director may renew the permit each year without undergoing the notice and administrative review procedure. If necessary to address actual or anticipated problems with the operation, the community development director may impose additional conditions or require that the public notice and administrative review be repeated. (Ord. 93-3 § 3, 1993).

12.06.060  Revocation.

A sidewalk seating permit may be revoked by the community development director at any time and without prior notice if it is found that the conditions of the permit or of this chapter have been violated, or that the sidewalk seating area is being operated in a manner which constitutes a nuisance, or if the operation of the sidewalk seating area unduly restricts or impedes the movement of pedestrians. (Ord. 93-3 § 3, 1993).

12.06.070  Appeals.

The decision of the community development director or the planning commission to approve or revoke a sidewalk seating permit shall be subject to the appeal provisions set forth in Chapter 19.84 SMC. (Ord. 93-3 § 3, 1993).