§ 4-15.105. Application for outdoor dining encroachment permit.

(a)

An encroachment permit shall be required for all outdoor dining areas in the public right-of-way. An application shall be filed with the Community and Economic Development Department on a form provided by that department. Every owner or operator of a business establishment desiring to place tables and chairs in a public sidewalk, court, alley or street shall first submit an application for the issuance of an outdoor dining revocable encroachment permit to the Community and Economic Development Department.

(b)

The application shall be accompanied by a space-use plan showing the location, number and arrangement of the tables and chairs to be used, the location of the entrance to the establishment, and the location of any existing sidewalk obstructions in the proposed area to be occupied by the tables and chairs. Trees and/or tree wells, traffic signs, planters, lamp posts, fire hydrants, parking meters, benches, barriers delimiting the dining area and all similar obstacles shall constitute obstructions.

(c)

Each application for an outdoor dining encroachment permit shall be submitted in accordance with the following requirements:

(1)

Application Fee. The amount of the application fee is in an amount as shall be set forth from time to time by resolution of the City Council. The application must be signed by the business owner. This fee includes costs for review of the application and insurance, as well as pre-inspection and post-inspection of the outdoor dining site. No application fee shall be assessed for existing permit holders unless a new/revised permit is required.

(2)

Proof of Insurance. Each application shall be accompanied by proof of insurance, as set forth in Section 4-15.109 of this article.

(3)

Business License. Applicant must submit a copy of applicant's City of Modesto business license with the outdoor dining encroachment permit application.

(4)

Outdoor Dining Areas With Barriers. Establishments that serve alcoholic beverages in the outdoor dining area shall provide a physical barrier that meets the requirements of this chapter and of the Alcoholic Beverage Control Board.

(5)

Barrier Removal Deposit. A removal deposit shall be submitted at the time of application where a fixed barrier is proposed. If, at the time of cessation of outdoor dining use and/or revocation of use permit, the barrier is removed by the business owner or other responsible party, any removal deposit will be refunded. The deposit will also be refunded if the encroachment use permit is denied. A removal deposit is not required for portable barriers. Existing permittees shall not be required to make a removal deposit unless a new/revised permit is required.

(Ord. No. 3582-C.S., § 1, effective 2-22-13)