804.03  LICENSING PROCEDURE.
   (a)   The City Manager is authorized to issue a revocable seasonal license to operate a sidewalk café within the sidewalk café district, provided the applicant has complied with the standards set forth in this chapter.
   (b)   The applicant must hold a valid business license at the time of applying for a sidewalk café license and be licensed as a food service establishment in accordance with Public Act 92 of 2000, as amended from time to time, and other applicable State food service licensing requirements.
   (c)   Before issuing a license, the City Manager shall confirm with the City Treasurer and County Treasurer that the applicant is up-to-date with all income tax, personal property tax and real property tax payments.
   (d)   The seasonal license shall permit operation of a sidewalk café from April 1 up to and including October 31 of any calendar year.  A license may also be issued for less than a full season or for a stipulated number of operating days.
   (e)   The fees for a license, if any, shall be those fees set by the City Council by resolution or ordinance from time-to-time.  If a fee is established, no license shall be issued until all fees have been paid.
   (f)   The applicant shall indemnify and hold harmless the City against loss, including costs and expenses, resulting from injury to person(s) or property occurring on the premises occupied by the café.  The applicant shall provide a certificate of insurance as evidence of the required policy to the City, and name the City as an additional named insured, in the amount of not less than one million dollars ($1,000,000).
   (g)   Application and site plan.
      (1)   No sidewalk café shall be established on public property except in conformance with a site plan approved by the City Manager.
      (2)   The application for a sidewalk café license which shall include the following:
         A.   Name of the individual and business;
         B.   Address of the sidewalk occupancy;
         C.   Property owner if other than applicant (if not the owner, written authorization for submitting the application from the property owner is required);
         D.   Dates and hours of occupancy;
         E.   Dimensions and area of occupancy (in square feet);
         F.   Indication if the application is a new application or a renewal.
      (3)   A sidewalk café site plan which shall contain such information as.
   (h)   Prior to acting on an application, the City Manager shall solicit the input of the Community Development Director, DDA Director, Public Safety Director, Public Works Director and any other City staff determined necessary.  Upon soliciting input, the City Manager may approve, approve with conditions, refer the application back to the applicant for modification or deny the request.  If the application is denied, the applicant may appeal the denial in writing to the City Council.
   (i)   Sidewalk café licenses may be renewed for additional seasons subject to review by the City Manager.
(Ord. 453.  Passed 11-6-07.)