Any person desiring to erect, construct, place or maintain an encroachment upon any public sidewalk for outdoor sidewalk dining facilities, must first obtain an annual outdoor sidewalk dining permit pursuant to this chapter. Each applicant for an annual outdoor sidewalk dining permit shall comply with the requirements of this chapter and any other applicable laws. (Ord. 96-0051 § 2 (part), 1996.)

The director of public works (the “director”) shall establish an application form for an annual outdoor sidewalk dining permit, including any application materials deemed necessary to enable complete review of the application. (Ord. 96-0051 § 2 (part), 1996.)

The director shall transmit a copy of each application for an annual outdoor sidewalk dining permit to the director of regional planning (the “planning director”). The planning director may require of the applicant such additional information pertinent to the outdoor sidewalk dining permit as the planning director deems necessary, and shall advise in writing the director of all material facts which the planning director considers necessary for determining whether an outdoor sidewalk dining permit should be approved, approved with conditions or denied. (Ord. 96-0051 § 2 (part), 1996.)

The director, in acting upon any application for an annual outdoor sidewalk dining permit, shall either approve, approve with conditions or deny the issuance of a permit based on the following principles and standards:
A. That the proposed use of the public sidewalk is in compliance with all applicable provisions of this chapter;
B. That the proposed use of the public sidewalk is so arranged as to insure the protection of public health, safety and general welfare, and prevent interference with users of the highway right-of-way and with holders of other permits; and
C. That the proposed outdoor sidewalk dining and the abutting restaurant will properly comply with the provisions and development standards prescribed in Title 22 of this code, or as prescribed by the planning hearing officer, planning commission or planning director. (Ord. 96-0051 § 2 (part), 1996.)

Each applicant for an annual outdoor sidewalk dining permit under this chapter shall pay a nonrefundable permit application fee of $398.00 in addition to any fee imposed pursuant to Part 12 of Chapter 22.56 of the county code; each holder of such a permit shall be required to submit a renewal application along with a nonrefundable fee of $126.00 each year to obtain a new annual permit. The fees imposed by this section shall be reviewed annually by the director and, on July 1, 1997, and thereafter on each succeeding July 1st, the amount of the fees shall be adjusted as follows: Calculate the percentage of movement between April of the previous year and March of the current year in the Consumer Price Index (CPI) for all urban consumers in the Los Angeles, Anaheim and Riverside areas, as published by the United States Government Bureau of Labor Statistics, adjust each fee by said percentage amount and round up to the nearest dollar. Provided, however, that no adjustment shall decrease any fee and no fee shall exceed the reasonable cost of providing services. If it is determined that the reasonable amount necessary to recover the costs of providing the services exceeds this adjustment, the director may present fee proposals to the board of supervisors for approval. (Ord. 96-0051 § 2 (part), 1996.)

*Editor’s note: Fee changes in this section include changes made by the Department of Public Works due to increases in the Consumer Price Index and are effective July 1, 2010.

Sidewalk dining facilities shall not be permitted on sidewalks which are less than 10 feet wide. All outdoor sidewalk dining facilities shall be located at least five feet from the curb and any sidewalk obstruction which shall include, but not be limited to, street light poles, trees, sign posts, news racks, and utility poles. (Ord. 96-0051 § 2 (part), 1996.)

All permits issued pursuant to this chapter shall be limited to outdoor sidewalk dining facilities established in conjunction with and abutting to restaurants that serve food. (Ord. 96-0051 § 2 (part), 1996.)

All outdoor dining facilities shall be placed, installed, used or maintained as follows:
A. All outdoor dining furnishings and equipment such as chairs, tables, fences, planters and such related furnishings and equipment shall not exceed 48 inches in height;
B. Any umbrella used in conjunction with the aforementioned furnishings and equipment or any portable heater may exceed 48 inches in height if the umbrella or heater does not encroach upon the air space required in the five foot sidewalk clearance area referred to in Section 16.27.060;
C. No items of furnishings or equipment, including but not limited to umbrellas, chairs, tables, fences, planters and related furnishings and equipment shall be attached to the sidewalk, sidewalk surface, nor shall any of those items cause damage to the sidewalk in any manner;
D. Outdoor sidewalk dining shall only be allowed between the hours of 6:00 a.m. and 11:00 p.m., unless otherwise authorized by separate permit;
E. All sidewalk dining furnishings and equipment must be removed and the sidewalk kept clear of all obstructions between the hours of 11:00 p.m. and 6:00 a.m., unless otherwise authorized by separate permit; and
F. The maximum total number of tables, chairs or other items of furnishings or equipment allowed under any permit shall be consistent with the provisions of this chapter and any other applicable laws. The decision of the director with regard to the total number of tables, chairs or other items of furnishings or equipment which may be permitted under the permit granted hereunder, shall be final. (Ord. 96-0051 § 2 (part), 1996.)

As a condition of the issuance of an annual outdoor sidewalk dining permit, the permit holder shall defend, indemnify and hold harmless the county of Los Angeles and shall present, along with each application or renewal application for an annual permit, evidence of liability insurance in a form acceptable to the director. (Ord. 96-0051 § 2 (part), 1996.)

No live entertainment or amplified music shall be permitted in any outdoor sidewalk dining area established pursuant to this chapter. (Ord. 96-0051 § 2 (part), 1996.)

If the director or his designate believes that a permittee is in violation of this chapter, the director or his designate may issue a notice of violation to the permittee. The notice of violation shall be served on the permittee, either in person or by first class mail. The notice shall indicate that the permit is subject to termination unless, within 30 days of service of the notice of violation, the violation is corrected or a hearing pursuant to this chapter is requested in writing. If the director or his designate determines that a permittee will not be able to continue to meet the requirements of this chapter because of a proposed public highway right-of-way improvement, the director or his designate shall notify the permittee, either in person or by first class mail, that the permit will be terminated unless, within 30 days of service of the notice of termination, a hearing pursuant to this chapter is requested in writing. Notice shall be deemed served and effective upon receipt if notice is provided in person or two days after sending by first class mail. (Ord. 96-0051 § 2 (part), 1996.)

A. The director or his designate may impound any furnishings and equipment believed to be in violation of this chapter if the furnishings and equipment are deemed a hazard to public health, safety or welfare. Before impounding any furnishings and equipment, the director or his designate should make reasonable efforts to contact the permittee and provide the permittee a reasonable time period to correct the violation. If, however, the violation constitutes an immediate threat to the public health, safety or welfare, the director or his designate may impound furnishings and equipment without any advance notice to the permittee.
B. Notice of all impoundments shall be served by first class mail to the permittee of record within two working days after the impoundment. The notice shall inform the permittee of the right to seek the return of the impounded furnishings and equipment and the right to request a hearing concerning the impoundment fee. Notice shall be deemed served and effective two days after sending by first class mail.
C. Consistent with provisions of this chapter, the director or his designate may sell or otherwise dispose of the furnishings and equipment anytime after the owner’s right to seek the return of the furnishings and equipment has expired, and deposit the proceeds, if any, from any such sale or other disposition in the road fund. (Ord. 96-0051 § 2 (part), 1996.)

A. The permittee, or if there is no permittee, a claimant who provides sufficient proof of ownership of impounded furnishings and equipment may, at any time up to and including the thirtieth day after the impounding, and if a hearing pursuant to this chapter is held concerning the furnishings and equipment, may at any time up to and including the thirtieth day after the decision at such hearing and any appeal therefrom becomes final, obtain a return of the furnishings and equipment, upon paying an impound fee of $100.00 plus the reasonable additional cost, if any, of impounding the furnishings and equipment in excess of $100.00.
B. The director or his designate may, after a hearing in accordance with this chapter, order the furnishings and equipment returned without payment of any impound fee; or if an impound fee has previously been paid, may order return of any such impound fee. (Ord. 96-0051 § 2 (part), 1996.)

A. Request for Hearing. A permittee may request in writing a hearing before the director or his designate at any time within 30 days of service of a notice of termination, notice of violation or notice of impoundment.
B. Conduct of Hearing. The director or his designate shall hold a hearing, unless continued by agreement, within five working days of the request for a hearing. At the hearing, any person may present evidence and argument relating to the notice of termination, notice of violation or notice of impoundment.
C. Decision. A written decision shall be served on the permittee within five working days after the close of the hearing. (Ord. 96-0051 § 2 (part), 1996.)

A. Appeal. Any person who requested a hearing may, within five days after notice of the decision therein is given pursuant to this chapter, appeal such decision to the board of supervisors of the county of Los Angeles.
B. Contents of Appeal. The appeal shall be in writing, shall state the legal and factual basis upon which the appeal is to be based, and shall be filed with the director or his designate, who shall forthwith forward the appeal, together with a copy of the decision, to the executive officer of the board of supervisors.
C. Stay Pending Appeal. A timely appeal of the decision shall operate to stay any termination of a permit during the pendency of such appeal.
D. Action by Board. Upon receipt of the appeal, the board of supervisors may take any one of the following actions:
1. Approve the decision;
2. Refer the matter back to the director with or without instructions;
3. Set the matter for public hearing. Such public hearing shall be held de novo as if no hearing previously had been held. (Ord. 96-0051 § 2 (part), 1996.)

Any person who violates Sections 16.27.010, 16.27.050, 16.27.060 or 16.27.070 of this chapter shall be guilty of a misdemeanor and may be punished by fine not exceeding $500.00. (Ord. 96-0051 § 2 (part), 1996.)

The provisions of this chapter are cumulative to any other remedies authorized by law. (Ord. 96-0051 § 2 (part), 1996.)

If any section, subsection, subpart or provision of this chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of the provisions of this chapter and the application of such to other persons or circumstances shall not be affected thereby. (Ord. 96-0051 § 2 (part), 1996.)