HomeMy WebLinkAbout039-2020DocuSign Envelope ID: 44D95B69-0856-4460-BBB7-A96BE5E25F5E
RESOLUTION 39-2020
AUTHORIZING STREET CLOSURES FOR TEMPORARY OUTDOOR
RESTAURANT SEATING AND GRANTING AN EXEMPTION FROM
DANVILLE ORDINANCE NO. 96-10 ALLOWING FOR CONSUMPTION OF
ALCOHOLIC BEVERAGES WITHIN THE PUBLIC RIGHT-OF-WAY
WHEREAS, the Town has introduced a program to allow for the temporary expansion
of existing outdoor restaurant seating areas to accommodate the number of previously
approved tables and seats to comply with social distancing requirements related to
COVID-19, as determined by the County, State, or Center for Disease Control and
Prevention; and
WHEREAS, some restaurants in the Downtown area may not have sufficient on-site or
off-street area for expanded outdoor seating, and may need to expand into adjacent
public street rights-of-way; and
WHEREAS, California Vehicle Code Section 21101(e) provides that a town may by
resolution temporarily close all or a portion of any street in its jurisdiction, for
"celebrations, parades, local special events, and other purposes when the closing is
necessary for the safety and protection of persons who are to use that portion of the street
during the temporary closure"; and
WHEREAS, as depicted on Exhibit 1 of this Resolution, the Town has identified several
streets in the downtown area where temporary street closures will likely be needed to
accommodate the temporary outdoor seating; and
WHEREAS, Danville Ordinance No. 96-10 requires Town Council approval to allow
consumption of alcohol within right-of-way areas subject to the street closures; now,
therefore, be it
RESOLVED, that the Danville Town Council authorizes street closures for temporary
outdoor restaurant seating and grants an exemption from Danville Ordinance No. 96-10
allowing for consumption of alcoholic beverages within the public right-of-way; and, be
it further
RESOLVED, that these street closures be in effect 24 hours a day, seven days a week, for
up to three months. This time period could be extended or retracted based on social
distancing requirements going forward; and, be it further
DocuSign Envelope ID: 44D95B69-0856-4460-BBB7-A96BE5E25F5E
RESOLVED, the consumption of alcohol within the temporary seating areas shall be
limited to the restaurant's normal business hours, and the business owners shall be
required to adhere to all regulations as set by the California Department of Alcohol
Beverage Control (ABC), including erecting physical barriers for seating area where
alcohol is being served; and, be it further
RESOLVED, that restaurant business owners are required to obtain an administrative
Temporary Outdoor Seating Permit to operate in the public right-of-way and adhere to
the established conditions of approval; and, be it further
RESOLVED, that the Town Manager is hereby authorized to extend the street closure
permits time frame should there be a continued need for social distancing at the
expiration of the three months.
APPROVED by the Danville Town Council at a special meeting on June 8, 2020, by the
following vote:
AYES: Arnerich, Blackwell, Morgan, Stepper, Storer
NOES: None
ABSTAINED: None
ABSENT: None
p-DocuSigned by:
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APPROVED AS TO FORM: ATTEST:
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CITY ATTORNEY CITY CLERK
PAGE 2 OF RESOLUTION NO. 39-2020
DocuSign Envelope ID: 44D95B69-0856-4460-BBB7-A96BE5E25F5E
EXHIBIT 1
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DocuSign Envelope ID: 44D95B69-0856-4460-BBB7-A96BE5E25F5E
Rose Street