(A) A business which desires to register to use a sidewalk sales area for café activity shall submit a written request for registration to the Board of Public Works and Safety.
(B) The Board of Public Works and Safety shall approve and issue a certificate of registration if the subsequent requirements are met:
(1) The applicant shall be actively engaged in a retail business involving the sale of beverages or food in the abutting business property. The beverages or food sold in the café area must also be sold in the retail business, and the square footage of the proposed café area must not exceed the total square footage of the abutting retail business.
(2) The public sidewalk area immediately next to the abutting business property of the registrant shall be at least six feet from the curb edge.
(3) Applicable permits required by the Board of Health shall have been secured and must be adhered to. Additionally, all promulgated rules of the Indiana Fire Prevention and Building Safety Commission shall be adhered to.
(4) Proposed equipment necessary to conduct café activity (for example, tables, chairs, carts, and the like) will be temporary in nature so they can easily be removed from the public sidewalk area during non-business hours and/or off-season time periods.
(5) The applicant will provide a document and proof of insurance liability on an annual basis which agrees to indemnify and hold harmless the city for losses or expenses arising out of the operation of a café area on a public sidewalk.
(6) An illustration for placement of equipment in café area will be submitted with the request of registration.
(Ord. 2006-13, passed 7-6-06) Penalty, see § 95.99