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09/14/2020 C. "Personal Services, General" and "Personal Services, Studio" as defined in the Zoning Ordinance (Article 2, Definitions), including but not limited to hair and nail salons and barbershops are not eligible to encroach into the public right-of-way. . D. Retail uses are not permitted with the public right-of-way, except on sidewalks, subject to applicable federal, state and local laws, including but not limited to regulations implementing the Americans with Disabilities Act (ADA). E. Fitness uses, such as gymnasiums, exercise studios, martial arts studios, health clubs, and similar uses, are not allowed within the public right-of-way. Such uses may be considered by the Parks, Recreation and Community Services Department for use in public parks, consistent with the City Code. SECTION 6. No Interference with private Pro ert . Nothing in this Proclamation relieves a business from any obligations or laws requiring consent of adjacent property owners for use of private property. Businesses seeking to operate outdoors shall obtain consent of any private property owners whose property will be used for outdoor operations. Nothing in this Proclamation is intended to circumvent private property agreements or leases and conveys no rights to operate a use or conduct commercial activities outdoors. SECTION 7. Building Permit Required. Nothing in this Proclamation relieves a business from the requirement to obtain a building permit for Outdoor Activities if a building permit would otherwise be required, nor does this order relieve a business from complying with all provisions of the Building Code, including but not limited to, maximum occupancy requirements. Nothing in this Proclamation relieves a business from the requirement to undergo design review for exterior alterations if such design review is required pursuant to applicable provisions of the City Code or Zoning Regulations, except that temporary installments, including but not limited to, tents, fencing, barriers and enclosures, may be authorized in the Outdoor Activity Agreement to facilitate proposed Outdoor Activities, SECTION 8. State and County Permits and Licenses. Nothing in this Proclamation relieves a business from the requirement to obtain any and all State and County permits and licenses. SECTION 9. Violations of Proclamation. Any violation of this Proclamation or any other local, State, or Federal law shall constitute an imminent threat to the public health and is hereby declared to be a public nuisance and shall be subject to enforcement as such; violations of this Proclamation may result in the immediate termination of a Temporary Outdoor Business Permit and the cessation of any activities authorized by said Agreement and this Proclamation. ATTY/AGR/PROCLAMATIONS/2020.002/OUTDOOR BUSINESS PROCLAMATION RESO. NO. 15883 REV: 08-26-2020 PR MUFF NO. 205 Page 5 of 8