Winters City Zoning Code

To encourage and promote sidewalk cafes as visual amenities which in turn intensify pedestrian activity and make street life more attractive;

To enhance the character of the city of Winters; and

To ensure adequate space for pedestrians on the sidewalk adjacent to sidewalk cafes.

The name, date of birth, driver's license number, and mailing address of the applicant.

The name and address of the restaurant seeking a sidewalk cafe permit.

The hours that the area is to be occupied as a sidewalk cafe.

A detailed drawing to scale of the proposed site indicating the following: the existing facade; the points of ingress and egress; and the proposed location, the number, and the arrangement of umbrellas, tables, chairs, serving equipment, planters, awnings, lighting, delimiting ropes or chains and other facilities to be included in the cafe operation. The detailed scale drawing must indicate the location of the existing public improvements including the following: fire hydrants, streetlights, street signs, trees, tree grates, planting boxes and/or planting areas, and any other public or private obstruction. A plat survey may be required.

A menu of the proposed food and beverages to be served at the sidewalk cafe.

A copy of a valid business license and, if applicable, a copy of a valid state liquor license for the permanent food service establishment.

An acknowledgement that the applicant has received, reviewed, and understood the regulations pertaining to sidewalk cafes.

A sidewalk cafe permit application fee as established by resolution of the city council.

A copy of a permit to operate a food service establishment from the Yolo County environmental health department.

The convenience and safety of pedestrians, property owners, occupants, customers, residents, or tenants of offices, stores, shops or dwellings in the vicinity;

Dimensions of the sidewalk, especially in relation to the size and width of the proposed sidewalk cafe;

Location of nearby fire hydrants, utility poles, sign poles, and trees;

Applicable state and federal law accessibility requirements; and

Other unique or special factors that may be relevant to the particular location.

Establishment of a sidewalk cafe at the proposed location will not create a nuisance by causing excessive noise or light; interfering with the use and enjoyment of adjacent properties; unduly restricting pedestrian use of the sidewalk; or in other ways that are adverse to the public health safety or general welfare;

Establishment of a sidewalk cafe at the proposed location will enhance the character of the surrounding area;

The sidewalk cafe, as proposed, adequately protects the convenience and safety of pedestrians, property owners, occupants, customers, residents or tenants of offices, stores, shops or dwellings in the vicinity; and

The sidewalk cafe will not cause a negative cumulative effect when considered in conjunction with the cumulative effect of other sidewalk cafes in the immediate neighborhood.

The applicant is licensed to serve alcohol by the California State Department of Alcoholic Beverage Control; and

The applicant is in compliance with all conditions and restrictions of his or her state liquor license.

At all times, the operator of a permanent food service establishment that has been issued a sidewalk cafe permit must:

Equipment for the service of customers, including but not limited to trays or carts, eating or drinking utensils, linens, and cooking appliances, shall not be placed or maintained on any portion of the sidewalk, unless the sidewalk cafe is adequately separated from pedestrian traffic;

All umbrellas, tables, chairs and other portable appurtenances shall be removed from the sidewalk cafe at the end of each business day at the hour specified in the permit;

At least one covered outdoor trash container shall be provided in the sidewalk cafe area during the hours of operation and shall be maintained in a clean and sanitary condition;

The permittee shall maintain the sidewalk cafe in a clean and sanitary condition at all times;

At no time shall any music or other sound originating from any part of the premises create a nuisance;

The permittee must at all times comply with all federal, state, and local laws, including those laws regarding the operation of the premises, and the sale, service and consumption of alcohol;

The applicant shall submit to the city manager a signed agreement, in a form approved by the city attorney, to defend, indemnify, save, and hold harmless the city and all of its officers, agents, or employees from any liability for damages resulting from any and all operations under a permit granted pursuant to this chapter;

Each permittee shall, at his or her own cost and expense, obtain and maintain in full force and effect necessary insurance coverage for the full term of the permit or any renewal thereof. The insurance coverage shall include a certificate of insurance covering the period of the outdoor operations, including coverage of comprehensive general liability insurance and other appropriate coverage as determined by the city. The level of coverage shall be in the amount to be determined by the city manager, in consultation with the city attorney. The city is to be named as an additional insured on the face of the certificate. Any changes or cancellations shall require that the city be notified in writing at least thirty (30) days prior to the effective date of the change or cancellation;

No permit issued under this chapter may be transferred or assigned, except upon prior written approval of the community development director;

No public sidewalk shall be painted, landscaped or altered in any way without prior written approval of the community development director and city engineer;

The permit does not constitute a deed or grant of an easement by the city and is revocable or may be suspended by the community development director at any time, with or without cause;

A sidewalk cafe shall not be open for business when the interior part of the permanent food service establishment is not open for business.

The applicant must remain in full compliance with all provisions of this chapter;

No person shall serve alcoholic beverages at a sidewalk cafe unless and until the permittee has obtained a state liquor license and a permit from the community development director specifically authorizing the service of alcohol at the sidewalk cafe;

Alcoholic beverages shall be consumed only on the permittee's premises. The permittee shall not allow patrons to leave the confines of the premises with any alcoholic beverage and shall not allow patrons to give or sell alcoholic beverages to any person outside the premises; and

The sidewalk cafe shall maintain full food service and shall operate as a restaurant at all times that it is in operation. No sidewalk cafe may function as a bar.