(a) A person desiring to host a street seat shall submit an online application with the office of special events. A complete application must be filed a minimum of 90 days before the proposed street seat opening date or a minimum of 60 days before the proposed construction start date. A Phase II permit issued under the street seats program will expire two years after issuance. An applicant may apply for a new Phase II permit 60 days before the expiration date listed on the permit. All Phase II permit processing fees apply.
(b) An application must be completed in full before it can be invoiced. The application review process will not begin until the application processing fee has been paid. Submission of a complete application does not guarantee a street seats permit will be issued. All requirements must be met prior to permit issuance. Applications are processed on a first come first serve basis.
(c) An applicant shall provide a $1,000 refundable bond to secure removal of the street seat prior to issuance of the Phase I permit. The bond will be refunded upon removal of the street seat to the satisfaction of the city.
(d) If the director determines that an application requires additional information in order to make a decision, or if additional fees will be required to process the application, the application will be considered incomplete and cancelled if the applicant does not supply the additional information or fees after the director has sent two reminder emails and made one reminder phone call after a period of 10 calendar days without a response from the applicants.
(e) If the director determines that an applicant has failed to pay any outstanding fees assessed under Section 42A-6 of this chapter for the proposed scheduled activity or a past scheduled activity, the application will be deemed incomplete and the application will be cancelled. An application that has been cancelled under this subsection cannot be re-filed for 12 months.
(f) If the applicant makes major changes to the original submission of an application after the review has been initiated, this will result in the original permit application being deemed incomplete and cancelled. A revised permit application will be required, along with new application processing fees if the applicant wishes to pursue the application.
(g) An application may be cancelled if there is a scheduled utility repair/installation, street improvement, adjacent development project, parking space reassignment, or other restoration project, or if the location is deemed inappropriate by the director of transportation, public works, or office of special events. The applicant may be given the option to proceed with a shorter-term permit or to delay installation.
(h) An application that has been cancelled because it is incomplete cannot be appealed under section 42A-8 and all application processing fees are forfeited.
(i) Upon receipt of a complete application, the application processing fee, and a $1,000 refundable removal bond, the director shall forward a copy of the application to all applicable city departments and partner agencies for review. Consideration will be given based on accessibility, public safety, location, potential to enhance street scape, community and property owner support, adherence to design and public safety standards, quality of design, and capacity to construct, maintain, and remove the street seat among other factors.
(j) After reviewing and confirming all permit requirements have been met, the director shall issue a street seats permit unless denial or revocation is required by Section 42A-28.9.
(1) Private street seats permits are issued for parking spaces immediately abutting the applicant's business for the purpose of expanding the businesses seating capacity.
(2) Public street seats permits may be issued to a non-abutting person or entity after obtaining consent from abutting properties and required public support.
(3) A street seats Phase I permit will be issued within 60 days of receipt of the application processing fee and proof of compliance with all requirements.
(4) A street seats Phase II permit may be issued within 30 days after construction commences based on successful site inspections, construction completion, and confirmation of compliance with all requirements