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(a) Upon successfully completing an application and upon meeting all of the requirements in this chapter and the City Code, the city manager or her/his designee shall issue permits or execute encroachment agreements to allow outdoor dining areas, outdoor merchandise areas, or pushcarts only within the Central Business District and within the Biltmore Village Historic District or other zoning districts where office and business uses are a permitted use.
(b) A separate permit or encroachment agreement shall be required for each outdoor dining area, outdoor merchandise area, or pushcart.
(c) Pushcart vendors requesting relocation to a new site must complete a new application and pay a new application permit fee for the new location.
(Ord. No. 3024, 5-27-03; Ord. No. 3266, § 1(c), 7-26-05)
Each application for a permit or encroachment agreement for an outdoor dining area, outdoor merchandise area, or pushcart shall be filed with the city manager or her/his designee and shall include but not be limited to the following:
(1) The name, address and telephone number of the applicant.
(2) The name of the individual, business or organization making the application and the business address and telephone number.
(3) For permits to allow pushcarts, the application shall include information about the type of food or other product to be sold; proposed times and area of operation; description, drawing, sketch, or photograph of the type of pushcart to be used; and other pertinent information related to the method of doing business under the permit. For permits to allow outdoor dining areas, the application shall include a site plan showing the proposed location of furniture, canopies, fencing and other accessories for the outdoor dining area; a description, drawing, sketch, or photograph showing the design of all furniture, fencing, canopies and accessories to be used in the outdoor dining area; location for the outdoor dining area; and other pertinent information related to the use of the outdoor dining area. For permits to allow outdoor merchandise areas, the application shall include a site plan showing the location of the outdoor merchandise area, the proposed location of fixtures or devices on which the merchandise is to be displayed, and other pertinent information related to the use of the outdoor merchandise area.
(4) For permits for pushcarts to allow the sale of food, food products and/or beverages and for permits or encroachment agreements for outdoor dining areas, the applicant shall provide and maintain a certificate of insurance for comprehensive general liability and products and completed operations coverage in a minimum amount of $1,000,000.00 per occurrence and in the aggregate, provided that those certificates may be furnished as evidence of such coverage purchased for the applicant's principal place of business for serving food, food products and/or beverages, so long as such certificates meet the minimum acceptable requirements established in this section. For permits to allow the sale of other products from pushcarts, the applicant shall provide and maintain a certificate of insurance for comprehensive general liability in the minimum amount of $25,000.00 per occurrence and in the aggregate. For permits or encroachment agreements for outdoor merchandise areas, the applicant shall provide and maintain a certificate of insurance for comprehensive general liability and products and completed operations coverage in a minimum amount of $1,000,000.00 per occurrence and in the aggregate, provided that those certificates may be furnished as evidence of such coverage purchased for the applicant's retail business, so long as such certificates meet the minimum acceptable requirements established in this section. All certificates shall be issued by an insurance company licensed to do business in North Carolina, shall name the city as additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the city. The permit holder or encroachment agreement party shall continuously maintain the insurance required by this section and shall continuously provide the city with evidence of the insurance required by this section.
(5) For permits to allow pushcarts, the application shall include the name and phone number of the sponsoring restaurant.
(6) The permit holder shall execute a statement on the permit application wherein the applicant holds harmless and indemnifies the city from any claims or causes of action arising out of or related to the permitted activity, including, but not limited to, compliance with the Americans with Disabilities Act, the North Carolina State Building Code and all other health and safety laws and regulations.
(7) Written approval from the county health department and/or other applicable regulatory agency showing that the pushcart or outdoor dining area has been inspected and is in compliance with current requirements for food handling establishments or sale of other product.
(8) Such additional information as may be requested by the city manager or her/his designee, which may be necessary to determine compliance with this article.
(9) Payment of the permit fee and/or encroachment fee required under the city's fees and charges manual.
(Ord. No. 3024, 5-27-03)
(a) A permit required by this article shall be issued for no greater than 12 months at a time and shall expire on a day determined by the planning and development department director after consulting with the downtown commission and other applicable stakeholders. Permit holders may apply annually for a new permit by following application procedures and by paying the fee required under the city's fees and charges manual.
(b) Permit holders shall pay the applicable fee required for a permit and/or encroachment agreement under the city's fees and charges manual. The permits and fees required in this article are in addition to the annual privilege license required under this Code. No permit under this article shall be issued until the privilege license required under this Code has been issued to the applicant.
(c) Permits are not transferable or assignable.
(d) The permit must be conspicuously displayed by the permit holder while engaged in the activities allowed under the permit.
(e) The city shall designate locations where pushcarts, outdoor dining areas, and outdoor merchandise areas are permitted. No permit holder shall occupy more than 50 percent of the spaces designated by the city for any single category of the following: (i) pushcarts; (ii) outdoor dining areas, or (iii) outdoor merchandise areas. Permits for the designated areas shall be issued following a process established by the planning and development department director after consulting with the downtown commission and other applicable stakeholders.
(f) The city manager or her/his designee shall formulate any additional rules and regulations necessary for the proper administration of this ordinance.
(g) Permit holders are subject to relocation when their designated space is deemed to cause a hazard to public safety, sight distance, or vehicular congestion or other concerns by the city manager or her/his designee.
(Ord. No. 3024, 5-27-03; Ord. No. 4052, §§ 1f, g, 1-24-12)
Any applicant denied a permit under this article shall receive a statement, in writing, outlining the reasons for denial of the permit. The applicant may appeal the denial of the permit to the city manager within 15 working days after the date of the written denial. The determination of the city manager shall be final.
(Ord. No. 3024, 5-27-03)
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