(A) Application for the permit required by this chapter shall be made with the city’s Building Official’s office in a form deemed appropriate by the city. Such application shall include but not be limited to the following information:
(1) Name, home and business address and telephone number of the applicant, and the name and address of the owner of the business if other than the applicant;
(2) Name, home address, and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant’s encroachment;
(3) A copy of a valid business license to operate a business establishment adjacent to the public property which is subject to the application;
(4) (a) Each permittee of an outdoor café permit shall furnish a certificate of insurance evidencing commercial general liability insurance with limits of not less than $600,000 per occurrence, $1,000,000 in the aggregate combined single limit, for bodily injury, personal injury and property damage liability. The insurance shall provide for 30 days prior written notice to be given to the city if coverage is substantially changed, canceled or non-renewed;
(b) The City of Easley shall be named as an additional insured on a primary, non-contributory basis for any liability arising directly or indirectly from the operation of an outdoor café;
(5) The permittee shall 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;
(6) (a) If alcoholic beverages will be served at the outdoor café, the permittee shall provide proof of liquor liability insurance for the outdoor café, with limits of not less than $1,000,000 in such type as shall be acceptable to the city;
(b) The policy(ies) may require additional amounts if deemed necessary by the city’s insurance carrier;
(7) A sketch, to scale of the proposed location, showing the layout and dimensions of the existing public area and adjacent private property; and
(8) Photographs, drawings, or manufacturers’ brochures fully describing the appearance of all proposed tables, chairs, umbrellas or other objects related to business.
(B) No later than 15 days after the filing of a completed application, the applicant shall be notified by the administrator of the decision on the issuance or denial of the permit.
(C) Application for a permit shall be made at the Building Official’s Office within 48 hours of written notice for 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, such requirement of written notice may be waived and legal proceedings commenced immediately.
(D) The city’s Building Inspector, Zoning Administrator, Fire Marshal, or other such designee’s as named by the city will inspect all outdoor cafés after permits have been issued and the café is in operation. Any violations of the provisions of these rules and regulations, or any deviation from approved plans or willful omissions of the application will result in citations being issued to the operator and/or revocation of permittee’s outdoor café permit.
(Ord. 2010-01, passed 3-8-10)