Municipal Code, Complete - City of Santa Barbara

Chapter 9.95
USE OF CITY SIDEWALKS AND RIGHTS-OF-WAY FOR DINING PURPOSES
Sections:
9.95.010 Purpose.
9.95.020 Outdoor Dining - Defined.
9.95.030 Outdoor Dining License Required.
9.95.040 Where Outdoor Dining in Public
Rights-of-Way Permitted.
9.95.050 Sidewalk Required to
Accommodate Pedestrian Traffic.
9.95.010 Purpose.
9.95.060 Alcoholic Beverage Restrictions.
9.95.070 Special Closures.
9.95.080 Issuance of License.
9.95.090 Term and Renewal.
The purpose of the regulations and standards in this chapter are to allow increased business and pedestrian traffic
by providing safe and visually appealing opportunities for outdoor dining. (Ord. 4820, 1993.)
9.95.020 Outdoor Dining - Defined.
"Outdoor dining" means the use of City sidewalks and public rights-of-way for the consumption of food or
beverages in conjunction with the operation of a food service establishment properly licensed for such service under
state and county health regulations and which provides on-premises customer seating. (Ord. 4820, 1993.)
9.95.030 Outdoor Dining License Required.
A. Outdoor dining is not allowed without an outdoor dining license agreement with the City as set forth in this
Chapter 9.95.
B. The owner or operator of a business or service which includes outdoor dining shall maintain such operation
in compliance with all provisions of the outdoor dining license and the administrative regulations approved pursuant
to this Chapter 9.95. (Ord. 5130, 1999; Ord. 4820, 1993.)
9.95.040 Where Outdoor Dining in Public Rights-of-Way Permitted.
Outdoor dining is not permitted where, in the opinion of the City Engineer, the speed, volume or nearness of
vehicular traffic is not compatible with outdoor dining. All outdoor dining areas must be adjacent to and incidental to
the operation of a food service establishment providing on-premises customer seating properly licensed for such
service pursuant to state and county health regulations. Use of the sidewalk or public right-of-way must be confined
to the actual sidewalk and public right-of-way frontage of the restaurant or food service building. (Ord. 4820, 1993.)
9.95.050 Sidewalk Required to Accommodate Pedestrian Traffic.
Outdoor dining is permitted only where, in the opinion of the City Engineer, the sidewalk is wide enough to
adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed outdoor
dining. Along State Street, between Cabrillo Boulevard and Victoria Street, the outdoor dining area shall leave not
less than eight (8) consecutive feet of sidewalk width which is clear and unimpeded at all points for pedestrian traffic.
Outdoor dining operations must maintain adequate clearance for all normal uses of the sidewalk and any special or
occasional uses that may arise from time to time. (Ord. 5130, 1999; Ord. 5047, 1998; Ord. 5013, 1997; Ord. 4820,
1993.)
9.95.060 Alcoholic Beverage Restrictions.
The service of alcoholic beverages shall be restricted solely to on-premise consumption by customers within the
outdoor dining area. Each of the following standards apply to outdoor dining areas which provide alcoholic beverage
service:
A. The outdoor dining area must be immediately adjacent to and abutting an indoor restaurant which provides
food and beverage service;
B. The outdoor dining area must be clearly and physically separated from pedestrian traffic;
C. The operator shall post a written notice to customers that the drinking or carrying of an open container of
alcohol is prohibited outside the outdoor dining area;
D. The outdoor dining operations must be duly licensed by the state Department of Alcoholic Beverage Control.
(Ord. 4820, 1993.)
219 rev. 12/31/99