(a) The City Manager is hereby authorized to issue permits to operate a sidewalk cafe or parklet, collectively referred to hereafter as "outdoor seating", within City-owned rights-of-way, provided that the applicant has complied with all standards set forth in this Chapter.
(b) All applications for outdoor seating shall be reviewed and approved by the City Manager. The City Manager reserves the right to forward an outdoor seating permit application to the Board of Trustees for its review and consideration.
(c) All permits shall be issued on a calendar year basis and shall expire on December 31 of the calendar year in which the permit was issued. Unless another time frame is specified in the permit, or by the requirements of this Chapter, the permit shall allow the operation of outdoor seating from June 1 up to and including October 31 of the calendar year for which the permit is issued.
(d) Any person or establishment granted a permit by the City Manager to operate an outdoor seating area shall pay to the City Clerk a fee in the amount established by resolution of the Board of Trustees. The City Manager shall not issue a permit unless the fees required by this section are paid.
(e) Each permit application for outdoor seating shall be accompanied by an insurance policy or certificate of insurance, in an amount that shall be one million dollars ($1,000,000) combined single limit for bodily injury and property damage, each occurrence, and two million dollars ($2,000,000) annual aggregate, naming the City as an additional insured party. An insurance company authorized to do business in the State of Colorado shall issue such insurance.
(f) The insurance certificate required by this Chapter shall be in effect for any period during which the outdoor seating is in operation. Failure to provide a current insurance certificate shall be cause for denial, suspension, or revocation of an outdoor seating permit. No establishment shall operate a sidewalk cafe or provide outdoor seating without filing proof of proper insurance. Denied, suspended, or revoked permits may be re-instated upon submittal of proof of proper insurance.
(g) An outdoor seating permit application must be submitted to the City Manager for review and approval. No outdoor service of food and/or beverages shall be established on public property, except in conformance with an application reviewed and approved by the City Manager pursuant to the requirements of this Chapter. An outdoor seating permit application must include, but is not limited to including, the following information:
(1) Name of applicant;
(2) Name of associated business;
(3) Address of associated business;
(4) Contact information of applicant, property owner and associated business to include:
a. Telephone numbers;
b. Email addresses;
c. Physical addresses;
(5) Proposed hours of operation within the public right-of-way;
(6) Copy of certificate of insurance pursuant to the provisions of this Chapter;
(7) Written authorization from the owner of the property where the applicant is not the owner of the associated property;
(8) An 11"x17" site plan that shall include, at a minimum, the following information:
a. The boundaries of the associated property in its entirety along with adjacent properties;
b. Streets and sidewalks for a distance of at least twenty-five (25) feet from the boundaries of the associated property at a scale showing detail sufficient for proper review.
c. The location of all temporary structures such as, but not limited to, planters, landscaping, railings, tables, chairs and umbrellas;
d. All points of ingress and egress;
e. For proposed parklets, the design of all curb extensions and platforms to accommodate the special design needs of the disabled in accordance with current ADA standards;
(h) The City Manager shall distribute copies of all application materials to the Public Works Director and other applicable City staff members and/or consultants for review and comments;
(i) Based upon review comments from City staff, the City Manager may approve, approve with conditions, refer the application back to the applicant for modification, deny the application or refer the application to the Board of Trustees. If approved, the City Manager shall issue the outdoor seating permit. If the City Manager denies the application, the reason for this determination shall be stated in a letter to the applicant issued not more than ten (10) business days after the final determination has been made. The applicant may appeal the decision of the City Manager in accordance with this Chapter. (Ord. 419 § 1, 2020)