Any restaurant desiring to operate a sidewalk café shall prepare and file an application yearly with the City Manager or his or her designee which shall contain the following information:
(A) The name, address and telephone number of the restaurant desiring to operate a sidewalk cafe;
(B) The name, address and telephone number of the restaurant operator
;
(C) The type of food, beverage or other products to be sold and served at the sidewalk cafe;
(D) The hours of operation of the restaurant and the proposed hours of operation of the sidewalk cafe;
(E) A drawing or site plan showing the section of sidewalk or pedestrian way to be used for the sidewalk cafe, and the section to be kept clear for pedestrian use, and depicting the proposed placement of tables, chairs, barricades, and other furnishings on the sidewalk or pedestrian way.
(F) Evidence of adequate insurance or other form of security to hold the city and its taxpayers harmless from claims arising out of the operation of the sidewalk cafe, as determined by the City Manager in consultation with the City Attorney and insurance carrier.
(G) An indemnity statement, approved by the City Attorney, whereby the
restaurant operator agrees to indemnify and hold harmless the city and its officers, agents and employees from any claim arising from the operation of the sidewalk cafe.
(H) A copy of all permits and licenses issued by the state or the city, including health and ABC permits and business licenses, necessary for the operation of the restaurant business, or a copy of the application for the permit if no permit has been issued. This requirement includes any permits or certificates issued by the city for exterior alteration or improvement to the restaurant
.
(I) A sworn statement describing any violation by the restaurant operator of any laws, regulations or ordinances relating to the possession, sale, consumption or transportation of intoxicating beverages or controlled substances during the five years immediately preceding the date of the permit application.
(J) Such additional information as may be requested by the City Manager or his or her designee to determine compliance with this section.
(K) A fee as provided in the city fee schedule to cover the cost of processing and investigating the application and issuing the permit.
(L) A fee of $100 to cover the cost of processing and investigating the application.
(Ord. 2008-41, passed 4-21-08; Am. Ord. 2016-42, passed 8-15-16)