Bellflower City Zoning Code
CHAPTER 17
74 OUTDOOR DINING
§ 17.74.010 Definitions.
Notwithstanding any other definition in this Code and unless the contrary is stated or clearly appears from the context, the definitions set forth below govern the construction of words and phrases.
means the license issued by the California Department of Alcoholic Beverage Control.
means the Building Official of the City of Bellflower as designated by the City Manager.
means any discretionary permit or action required by this Code or by any Specific Plan. "Discretionary Permit" does not include any discretionary action related to subdivision maps; legislative proposals including, without limitation, amendments to this Code, the General Plan, specific plans; rezonings; or approval of new specific plans.
means the organized action of providing amusement or enjoyment to invited members of the public. Examples include, without limitation, presentations, readings, performances, or musical renditions. Such entertainment may be provided free of charge or for a fee.
means an area open to the public, or an alley, plaza, park, or parking lot, or an automobile, whether moving or not, or a building open to the general public including one that serves food or drink, or provides entertainment.
means an outdoor dining area that is being operated in conjunction with a permitted restaurant. outdoor dining may only be permitted to utilize outdoor structures/facilities. Outdoor dining requires a permit and is only allowed for such time period commensurate with the time period that parking is provided.
means an area located on a City right-of-way or private property where the outdoor dining is permitted.
includes awnings or canopies made of fabric or wood, tents, shade umbrellas, and similar types of structures that can be constructed and removed within a seven-day period. Outdoor structure/facilities also include lighting and heating improvements that can be constructed and removed within a seven-day period. Any applicant for outdoor structure/facilities must sign an acknowledgement that the outdoor structure/facilities will be removed within a seven-day period. All outdoor structure/facilities must meet all zoning, building, fire, health and other applicable codes. "Outdoor structure/facilities" does not include signs otherwise regulated by this Code.
(Ord. 1408 § 10, 9-27-21)
§ 17.74.020 Application and Permits.
A.
The Director is authorized to receive applications, issue and revoke and otherwise implement the permit requirements as set forth in this Chapter.
B.
Persons who obtain a permit pursuant to this Chapter are not required to obtain separate permits in this Code, e.g., encroachment permits or temporary sign permits.
C.
Permits Required. It is unlawful for any person to conduct, sponsor, or knowingly participate in any Outdoor Dining without a valid permit issued pursuant to this Chapter. Possessing a valid entertainment permit does not excuse any failure to otherwise comply with this Code or other applicable law.
D.
Nature of the Permit. Permits issued pursuant to this Chapter are subject to the following limitations:
1.
Permits are personal to the applicant not to the premises upon which the 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;
2.
Permits cannot be transferred or assigned;
3.
No property rights are conferred to the permittee;
4.
There is no right of renewal; and
5.
Permits are specific to the location for which it is applied. A new permit must be obtained in the event there is a relocation of the permitted activity.
E.
Fees. Except as otherwise provided by Federal, State, or local laws, or other City Council authorized restrictions, all fees applicable to this Chapter including, without limitation, fees for using public places, will be established by City Council resolution.
F.
Application for Permit.
1.
Permit applications must be filed by a natural person.
2.
All permit applications must be in a form prescribed by the Director, signed under penalty of perjury, and must contain all of the following information: the name, mailing address, and daytime and evening telephone numbers of the person filing the application; if the permit is obtained on behalf of an organization, the name, mailing address, and daytime telephone number of the organization; and if requested by the Director, written documentation of the authority under which the applicant is applying for the permit on behalf of the organization; the name, mailing address, and daytime and evening telephone number of an alternate person to contact if an emergency arises and the applicant is unavailable; and such additional information required by the Director.
H.
Special Conditions. Upon receiving an application, these departments/divisions will consider the application, conduct any necessary investigation, and provide the Director with written recommendations regarding:
I.
Time for Review. Except as provided in this Chapter, completed applications for a permit authorizing an Outdoor Dining should be denied, approved, or conditionally approved by the Director within 10 business days after receiving the completed application. Unless otherwise provided, the applicant's acceptance of the approval or conditional approval must be received by the Director within five business days after the applicant was served with notification of the decision and before any entertainment or outdoor dining may occur.
K.
Permit Denial. A permit may be denied for the following reasons:
1.
The application is incomplete;
2.
The applicant failed to provide reasonable supplemental application information requested by the Director;
3.
Information submitted by the applicant is materially false;
4.
The application is submitted by a person with a suspended permit or whose permit was revoked;
5.
The location of the proposed outdoor dining does not conform to the requirements of this Chapter;
6.
Issuing the permit would endanger public health, safety, or welfare as determined by the Director.
(Ord. 1408 § 10, 9-27-21)
§ 17.74.030 Permit Conditions-Generally.
A.
Unless suspended or revoked, permits issued pursuant to this Chapter have a term of one year. Should a permit expire, the permittee must comply with this Chapter to obtain a new permit.
B.
Permittees must enter into a hold harmless agreement with the City, in a form approved by the City Attorney, which will, in part, indemnify City, its officers, employees, and agents from any liability arising from a permit issued pursuant to this Chapter.
C.
Insurance Requirements. Permittees must obtain liability insurance in accordance with City Council resolution. If alcoholic beverages are sold or served during entertainment, the policy must also include and endorsement for liquor liability in an amount not less than $1,000,000.00.
D.
Certificates of Insurance. A copy of the policy or a certificate of insurance along with all necessary endorsements, in a form approved by the City's risk manager, must be filed with the Director not less than five business days, except as otherwise provided in this Chapter, before the date of the outdoor dining unless the Director for good cause waives the filing deadline.
(Ord. 1408 § 10, 9-27-21)
§ 17.74.040 Subsequent Conditions.
The Director may condition previously issued permits upon learning or discovering facts not previously disclosed or reasonably discoverable.
(Ord. 1408 § 10, 9-27-21)
§ 17.74.050 Alcohol-Related Conditions.
For outdoor dining with an ABC license, the permit must include the following conditions:
A.
The exterior lighting of the parking area must be kept at an intensity of between one and two foot-candles so as to provide adequate lighting for patrons, while not disturbing surrounding residential or commercial areas.
B.
The applicant must obtain and maintain all licenses required by the Alcohol Beverage Control Act (Business and Professions Code Sections 23300, et seq.).
C.
The applicant must post a sign in a clear and conspicuous location listing a phone number at which a responsible party may be contacted during all open hours of the entertainment establishment to address any concerns of the community regarding noise at the entertainment establishment. Said contact's name and phone number must also be available through entertainment establishment staff at all times.
D.
If complaints are received regarding excessive noise, lighting, building access, or other disturbances associated with alcohol service, the Director may, in its discretion, take action to review the permit including, without limitation, adding conditions or revoking the permit.
(Ord. 1408 § 10, 9-27-21)
§ 17.74.060 Outdoor Dining Permits.
In addition to the foregoing conditions, when applicable, Outdoor Dining Permits are also subject to the following:
A.
Permits cannot be issued for outdoor dining in a street or alley;
B.
Unless the Director determines that a lesser distance is required for the protection of public safety, and to provide adequate circulation, access and visibility, outdoor dining areas, including outdoor structure/facilities, must maintain a clearance of not less than four feet (48-inches) upon every sidewalk or pedestrian path in order to comply with the Americans with Disabilities Act. In addition, the minimum distance required by the Americans with Disabilities Act must be maintained between dining furnishings and: (1) any curb line, street furniture, or above ground utilities; (2) buildings; or (3) the centerline of intersecting perpendicular driveways, alleys or streets to provide for adequate vehicle sight.
C.
Tables and chairs used for outdoor dining must be of substantial materials, as determined by the Director. Tables may be a maximum of three feet in diameter (if round) and three feet along the longest side (if rectilinear). All such furnishings must be stored indoors after hours of operation, unless otherwise determined by the Director.
D.
Outdoor Structure/Facilities or signs cannot block visibility of display windows or signage of adjacent businesses unless written consent of any affected adjacent business owner is obtained by the applicant and provided to the Director.
E.
The permittee must maintain the outdoor dining area in a clean and safe condition at all times and must properly dispose of all trash generated by the operation to ensure the activity does not attract vermin, rodents, and pests.
F.
The permittee must comply with all State, County, and local health standards.
G.
The City may charge a rental fee for use of public places.
H.
An applicant must submit a diagram (drawn to scale and dimensioned) showing the proposed location of the outdoor dining area (including, without limitation, all tables, seating and signage) and any outdoor structures/facilities.
I.
An applicant must submit a graphical depiction, such as sample photographs, depicting the appearance of the outdoor dining area (including, without limitation, all tables, seating and signage) and any outdoor structures/facilities proposed to be used.
J.
An applicant must submit the proposed days and times of operating the outdoor dining activities.
K.
An applicant must submit a safety plan showing how the patrons will be protected from vehicular traffic. Decorative barriers must be provided to the satisfaction of the Director.
(Ord. 1408 § 10, 9-27-21)
§ 17.74.070 Display of Permits.
The permit issued pursuant to this Chapter must be posted in a conspicuous place at all times and be immediately produced upon the request of any sheriff's department, or by any Code Enforcement Officer or Community Safety Officer of the City.
(Ord. 1408 § 10, 9-27-21)
§ 17.74.080 Emergency Suspension of Permit.
The Director and any sworn public safety officer may temporarily suspend a permit whenever there is an emergency that requires such action to protect public safety.
(Ord. 1408 § 10, 9-27-21)
§ 17.74.090 Revocation of Permit.
A.
Whenever any person fails to comply with any provision of this Chapter, or with any other applicable law, the Director may revoke a permit in accordance with Section 17.76.060.
B.
The Director may not issue a new permit under this chapter for one year after a permit is revoked unless the Director is satisfied that the applicant will thereafter comply with all provisions of this Code and until the City collects a fee in an amount sufficient to recover the actual costs of processing the reapplication.
(Ord. 1408 § 10, 9-27-21)