(A) An application for an outdoor café encroachment permit shall be made to the Department of Planning and Development using an application form prepared by the city. Any such application filed to comply with the provisions of this subchapter shall provide the minimum information required by the application form and shall be signed by both the person or business that operates the food service business to which the permit would apply and the owner of the property in which the business is located if not the same. The application form shall provide the following additional information to the city:
(1) A copy of a valid city business license to operate a business establishment adjacent to the public property which is subject to the outdoor café operation;
(2) Proof of current liability insurance, issued by a company licensed to do business in the commonwealth, insuring the licensee and the city against all claims or liability for damage to property or for bodily injury including death, arising from the result, direct or indirect, of the use of the public property pursuant to the outdoor café encroachment permit, including liquor liability insurance coverage (with a minimum amount of $1,000,000). The insurance shall name the city as an additional insured and shall provide that the policy shall not terminate or be canceled prior to the stated expiration date without a 30-day advance written notice to the city by the insure. The policy shall provide coverage in the minimum amount of $1,000,000; however, the city may require a higher minimum amount at its reasonable discretion;
(3) A drawing of the proposed outdoor café encroachment seating area showing the locations and dimensions of the area, all proposed encroachments and publicly-owned benches, tables and other objects within the area. This information should include, but not be limited to, the width of the public right-of-way, public street name, width of the public sidewalk, information on the type and materials of the improvements (furniture and other fixtures) and other information deemed to be pertinent to review the request; and
(4) Proof of any required ABC license(s), Health Department permits and any/all other applicable permits for the lawful operation of the business.
(B) The applicant shall be notified within 30 days of filing a completed application form with the city of the approval or denial of the permit.
(Ord. 19-2015, passed 11-16-2015)