Application for a permit shall be made to the Director in a form deemed appropriate by him or her. Such application shall include, but not be limited to, the following information:
(a) Name, phone number and address of the applicant;
(b) Name and address of the business establishment or CDC, as appropriate, seeking the temporary occupancy permit;
(c) A description of the proposed area, with photographs, to be occupied by the outdoor patio or parklet and the hours and days of operation;
(d) Detailed plans drawn to scale showing the locations, number and arrangement of tables, chairs, and other structures, the location of the pedestrian diverters planned to demarcate the occupied area, the location of the entrance to the establishment, the locations of fire exits or fire escapes, and the nature and location of any existing sidewalk obstructions. If the application is for a parklet, drawings and any other information that the Director deems necessary for the protective barrier required under division (e) of Section 513.05 of these Codified Ordinances;
(e) A description of the tables, chairs, pedestrian diverters, and other structures, including information about the composition;
(f) If applicable, a description of the type of food, beverage or merchandise for sale;
(g) If applicable, a copy of the applicant's liquor permit, expansion permit, and a complete copy of the expansion permit application submitted to the Division of Liquor Control;
(h) If applicable, evidence that all required health licenses, including, but not limited to, the license required by Section 241.21 of the Codified Ordinances, have been obtained or have been applied for; and
(i) A signed statement that the permittee shall hold harmless the City of Cleveland, its officers and employees and shall indemnify the City of Cleveland, its officers and employees for any claims or damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. Permittee shall furnish and maintain such public liability, food products liability, if applicable, and property damage insurance as will protect permittee and the City from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage in an amount of not less than one million dollars ($1,000,000.00) on account of an accident involving injuries, including death, to one (1) or more persons and property damage insurance in an amount of not less than one million dollars ($1,000,000.00), or a combined single limit of one million dollars ($1,000,000.00) provided however, that this insurance requirement shall not be construed to limit permittee's indemnification obligations to the above-required limits of insurance. Such insurance shall also include the City of Cleveland, its officers and employees, as additional insured.
(j) Prior to issuing a permit for a patio or parklet, the applicant shall deposit with the Director a survey bond or equivalent financial instrument in the amount of ten thousand dollars ($10,000.00) to guarantee full and faithful performance of the requirements of this chapter. Such bond shall be satisfactory to the Director of Capital Projects and the Director of Law. The requirements in this division shall not apply to a CDC that is seeking a permit for a public purpose.
(Ord. No. 704-2023. Passed 7-12-23, eff. 7-17-23)