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01
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2018
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050118
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01
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4/25/2018 4:15:04 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/1/2018
DESTRUCT DATE
15Y
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E. Indemnification/Insurance. The permittee shall defend, indemnify and hold <br /> harmless the city and its officers and employees from and against all claims, losses, <br /> damage, injury and liability for damages arising from the permittee's use of the public <br /> right-of-way. The permittee shall provide to the city in a form and in amounts acceptable <br /> to the city attorney, certificates of insurance evidencing the existence of a general <br /> liability policy covering the area subject to the permit. <br /> F. Suspension of Permit. The director of operation services, police chief, city <br /> engineer, or designeesuperintendant of strcctt shall have the right to suspend or <br /> prohibit the operation of a sidewalk dining area or require removal of a sidewalk <br /> decorative display at any time because of anticipated or actual problems or conflicts in <br /> the use of the sidewalk area. Such problems or conflicts may arise from, but are not <br /> limited to, scheduled festivals, parades, marches and similar special events; repairs to <br /> the street, sidewalk or other public facility; or from demonstrations or emergencies <br /> occurring in the area. To the extent possible, the city will give prior written notice of any <br /> time period during which the operation of the sidewalk dining area or sidewalk <br /> decorative display must be suspended. <br /> G. Violation of Conditions. <br /> 1. If any portion of a sidewalk dining area or sidewalk decorative <br /> display obstructs the public right-of-way beyond which is provided for in this section, the <br /> zoning administrator or his or her designee shall immediately direct the permittee to <br /> move the obstruction. If the permittee fails to do so, the zoning administrator or his or <br /> her/her designee is entitled to immediately move the obstruction. <br /> 2. If the sidewalk dining area or sidewalk decorative display is not <br /> maintained in a neat, clean, and orderly condition, or as conditioned by the zoning <br /> administrator, the zoning administrator or his or her/her designee shall direct that the <br /> permittee or property owner correct the condition and/or remove the furniture, displays, <br /> and appurtenances. If the zoning administrator finds that it is necessary to remove the <br /> furniture, displays, enclosures or appurtenances in the interest of the public health, <br /> safety, or general welfare and the permittee fails to remove them, the zoning <br /> administrator or his or her/her designee may immediately remove them at the expense <br /> of the permittee or property owner. <br /> 3. A sidewalk dining/decorative display permit may be revoked by the <br /> zoning administrator upon a determination that the permittee has not complied with the <br /> provisions of this section or the conditions of the design review approval. The zoning <br /> administrator shall hold a hearing and, if not satisfied that the provisions or conditions <br /> are being complied with, shall revoke the permit or take such actions as may be <br /> necessary to ensure compliance with the regulation or condition. <br /> 4. The zoning administrator shall suspend the service of alcoholic <br /> beverages in the sidewalk dining area and shall hold a hearing on the matter as <br /> provided in subsection (G)(3) above if a sidewalk dining area serving alcoholic <br /> beverages is not operated as required in this section, or if the restaurant operator is not <br /> able to control patrons consuming alcoholic beverages to the extent that patrons <br />
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