(A) A business that wishes to place tables and seating on public sidewalks or rights-of-way shall apply to the city and this application must include the following information:
(1) The name, address, phone number, and email address of the applicant, including identifying the type of organization that is applying, e.g., sole proprietorship, partnership, corporation, limited liability company, and the person within that organization who is the contact person and who is responsible for compliance with the terms of this chapter.
(2) The number of tables and chairs and their specific location on the public sidewalk or right-of-way, including a map or diagram depicting where tables and seating will be located on the right-of-way. The map also shall illustrate the existing width of the public right-of-way, where the tables and seating will be located in the right-of-way, and how much space will remain on the right-of-way after the tables and chairs are placed there.
(3) Photos or images of the tables and chairs that the applicant intends to place on the public sidewalks or rights-of way.
(4) A certification by the applicant that it will comply with the following provisions:
(a) Applicant will release and indemnify the city from personal injury and property damage liability resulting from the use of the tables and seating on public sidewalks or rights-of-way;
(b) Applicant will provide adequate trash receptacles outdoors for the tables and seating and will empty these receptacles at reasonable time intervals to ensure that the receptacles do not overflow with trash and debris;
(c) Applicant will clean the right-of-way on which tables and seating are placed, including sidewalks and abutting curbs and gutters, of all litter and debris each night after outdoor-service is finished;
(d) Applicant will end outdoor service at 11:00 p.m. each night;
(e) All outdoor music on public rights-of-way, whether live or amplified by outdoor speakers, will cease at 10:00 p.m. This provision preempts city ordinances that may allow outdoor music to be played until a later time, except for special events and festivals approved by the city; and
(f) Applicant is the owner of the property abutting the sidewalk, or if a lessee of the property, has written permission of the owner of the property to use the public right-of-way for this purpose.
(Ord. 2022-12, passed 5-3-22)