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ORDINANCENO. NS- 2 38 3 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE ARTICLE VI SECTION 33- 173, SECTION 33-174 AND SECTION 33-175 OUTDOOR DINING AREAS IN THE PUBLIC RIGHT-OF-WAY. WHEREAS, on May 14, 1998, the City Council adopted an amendment to Santa Ana Municipal Code chapter 33 to allow outdoor dining in the public right-of-way; and WHEREAS, in implementing the program, the Public Works Agency has found that certain modificationsto the chapter are necessary to improve the process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: SECTION 1: That Section 33-173 of the Santa Ana Municipal Code is amended to read as follows: Sec. 33-173. License-Fees. (a) Upon approval of an application for a new license, a one time nonrefundable license fee for each outdoor dining area, in an amount established by resolution of the city council, shall be submitted. Each new license issued shall expire one year from the date of issuance. (b) The license holder may renew the license, subject to an annual renewal fee. Each license may be renewed, provided: (1) a renewal application is filed at least 30 days prior to the expiration date of the existing license; (2) an annual renewal fee, as established by resolution of the city council, is paid; (3) all past due fees, as established by resolution of the city council, are paid; and (4) the license holder has complied with all provisions of this Code. SECTION 2: That Section 33-174 of the Santa Ana Municipal Code is amended to read as follows: Sec. 33-174. License-Indemnity; insurance, security. Prior to issuance of any license under this article, each applicant shall: (a) Enter into a license agreement, representing, stipulating, contracting and agreeing that such applicant will indemnify, defend and hold the City of Santa Ana and its officers, agents, volunteers and employees harmless against liability for any and all claims for damage to property, or injury to, or death of persons arising out of or resulting from the issuance of the license or the placement of outdoor dining areas. A new license agreement is not required with each renewal application.