(A) Application for a permit shall be made at the Bardstown City Hall in a form deemed appropriate by the Administrator. The application shall include, but not be limited to, the following information:
(1) Name, home and business addresses and telephone number of the applicant, and the name and address of the owner, if other than the applicant, of the business;
(2) In the event the applicant or owner is not a resident of the county, the name, home address and telephone number of a designated person whom the city may notify or contact at any time concerning the applicant’s encroachment;
(3) A copy of a valid City of Bardstown business license to operate a business establishment adjacent to the public property which is the subject of the application;
(4) Proof of current liability insurance, issued by an insurance company licensed to do business in the Commonwealth, insuring the licensee and the city against all claims or liability for damage to property or for bodily injury including death, arising from the result, direct or indirect, of the use of public property, pursuant to the outdoor café permit. (The insurance shall name the city as an additional insured and shall provide that the policy shall not terminate or be canceled prior to the stated expiration date without 30 days’ advance written notice to the city by the insurer. The policy shall provide coverage in the minimum amount of $1,000,000 provided that the City of Bardstown may require a higher minimum coverage at its reasonable discretion.);
(5) (a) The applicant must obtain a certificate of appropriateness (COA) from the Bardstown Historical Review Board and Bardstown City Council to ensure compliance with adopted Outdoor Café Design Guidelines and other applicable sign and zoning regulations. Applicants must contact the Joint City-County Planning Commission to determine specific COA requirements;
(b) This certificate will require a diagram of the proposed permitted area showing the locations and dimensions of the area, all proposed encroachments and all publicly-owned benches, tables and other objects within the area; and
(6) Proof of any required ABC license(s), Health Department permits or other permits for the business involved.
(B) Notifications and fees.
(1) Within 30 days after the application is filed, the applicant shall be notified of the issuance or denial of the permit. Upon issuance of the permit, the applicant shall be required to pay to the city an annual fee in the amount of $75 (pro-rated to $37.50 for three months or less).
(2) The fee shall be independent of or in addition to any other license tax or fee imposed by the city.
(C) Any person who shall operate an outdoor café upon public property, within the definitions in this chapter, without an outdoor café permit shall be subject to the penalties hereinafter set forth herein.
(Ord. B2007-12, passed 6-5-07) Penalty, see § 122.99