(A) Application for the permit required by this chapter shall be made with the city in a form approved by the city. The application shall include, but not be limited to, the following information:
(1) Name, address (mailing and physical), telephone number, date of birth and email of the applicant, and the name, address, telephone number, date of birth and email of the owner of the business, if other than the applicant.
(2) Name and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant's outdoor café.
(3) Additional information regarding the business, the outdoor café and the various encroachments planned by the applicant.
(4) A copy of a valid business license, issued by the city, the terms of which authorize the business to operate an establishment which provides food and which business is adjacent to a sidewalk which is the subject of the application.
(5) Proof of current liability insurance, issued by an insurance company licensed to do business in the state, protecting the permittee and the city from all claims for damage to property and bodily injury, including death, which may arise from operation under or in connection with the encroachment 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 expiration date without 30 days advance written notice to the city. The policy shall be a minimum required amount, or higher, if deemed necessary by the city's risk management division. As otherwise required by § 98.25 of the city's Code of Ordinances, the permittee shall agree to indemnify, defend and hold the city harmless from any loss that results directly or indirectly from the permit issuance or the operation of the outdoor café. The policy(ies) may require additional amounts if deemed necessary by the city's insurance carrier.
(6) A sketch, to scale, of the proposed outdoor café, showing the layout and dimensions of the sidewalk and adjoining private property.
(7) Proof of any required ABC license, health permits or other state permits for the business involved.
(8) Photographs, drawings or manufacturers' brochures fully describing the appearance of all proposed encroachments related to the outdoor café.
(9) A non-refundable application fee of $25.
(B) Not later than 15 days after the filing of a completed application for a temporary encroachment permit, the applicant shall be notified by the administrator of the decision on the issuance or denial of the permit An annual fee shall be due and payable, as fixed from time to time by the city by the terms of the rules and regulations for encroachment permits as promulgated by the city and subject to certain amendments by the City Manager. This fee is in addition to the business license fee required for operation of the business within the city.
(C) An application for a permit shall be made with the administrator within 48 hours of written notice to the business for any failure to obtain a permit, or as soon thereafter as city offices are open. Where the same owner, occupant or person responsible has been given notice for the same violation at the same location within the previous 180 days, the requirements of written notice may be waived and legal proceedings commenced immediately.
(Ord. 13-010, passed 5-14-13)