The debate continues over how the city can properly tax small business owners for providing outdoor dining to their customers on public land. The report given to council calculated the average price per square footage of leased property, and used the data as the guidelines of what to charge the prospective businesses. The city intended to charge 75% of the rate calculated at $1.80 per square foot, but during a previous discussion with the council Bruce Whitaker persuaded a reduction of the rate to 90 cents (%50) per square foot.
An additional %25 reduction in cost has been allowed to Rialto Café since they place their chairs and tables on the sidewalk daily. They cannot place a fence around that section of public property since they are legally required to allow pedestrians to pass through.
This was a point made to council by Jinan Montecristo as she discussed implications with the use of public dining at her business, Les Amis. This was not an attack on a competitor. However, the note about this regulation shows favor for Rialto Cafe while restaurants like Les Amis appear to be punished for making private investments developing public land. Montecristo mentioned that although Ziing’s and Bourbon Street are paying this fee monthly, they receive more revenue from their liquor licenses. That extra revenue might be enough to avoid disputing the method of regulation.
Concern from local government stems from a previous patio scandal in which Tuscany Club developed a full enclosure to their building that cut the width of the sidewalk by a few feet on one of the busiest intersections in Fullerton; Harbor Boulevard and Commonwealth Avenue. Mayor Sharon Quirk-Silva hinted at this example because the addition that was supposed to be an outdoor patio became an encroachment on the public’s right of way. “I do support your business. I just don’t support giving away the public’s land”, she stated to Jinan Montecristo.
According to Montecristo’s personal research, a cheaper solution provided in other cities such as Pasadena requires an annual permit for businesses with outdoor dining.
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