§ 4-15.503. Other Operational Changes.

When the business possessing an outdoor dining encroachment permit makes operational changes impacting the permit, including but not limited to, remodeling, expanding, changing hours of operation, obtaining a license to serve alcoholic beverages, etc., the permittee must provide the City with the following within the timelines established.

(a)

Written Notification. Permittees must provide the City with written notification of operational changes impacting the outdoor dining encroachment permit. Said notification must be made as soon as practicable, but not less than thirty (30) days prior to commencement of the operational change.

(b)

Maintenance of Insurance. Permittees shall continue to maintain valid insurance during the period when operational changes are being made, even if the outdoor dining use is temporarily suspended.

(c)

New or Amended Permit. Dependent upon the nature of the operational change, a new or amended outdoor dining encroachment permit may be required. The determination of the type of permit required shall be made by the Public Works Director or his or her designated representative.

(d)

Timeline. Permittees making operational changes shall have ninety (90) days to complete said changes and obtain a new or amended outdoor dining encroachment permit, where said permit is deemed necessary by the Public Works Director or his or her designated representative. Permittees unable to meet this timeline requirement must notify the Public Works Director in writing and request an extension to a date certain. The Public Works Director may, at his or her sole discretion, grant or deny the extension request.

(Ord. 3407-C.S., § 1, effective 5-25-06)