The city manager or designee is authorized to issue temporary use of sidewalk permits to businesses or business organizations for any commercial purpose in commercially zoned districts excluding permits for sidewalk cafes, sidewalk retailing, ambulatory vendors, and mobile vending carts. Temporary use of sidewalk permits shall be limited to the temporary use of sidewalks and public right of way abutting said businesses and shall be limited to no more than four (4) days for any one permit. (Ord. 09-4337, 5-5-2009)
A. Application For Permit:
1. Filing Application:
a. An application for a temporary use of sidewalk permit shall be filed with the city manager or designee by any person or group of persons desiring to use the public right of way as provided in this chapter. If the applicant is not a natural person, the application shall identify a natural person who has authority to act for the applicant with regard to the temporary use of the sidewalk.
b. All applications shall be received five (5) days before proposed use.
c. Applications shall be made on forms prepared by the city manager or designee.
2. Application Form: The application form shall contain the following information:
a. Name, address, and telephone number of the applicant.
b. An acknowledgment to be signed by a natural person that he or she has authority over the permitted use of the sidewalk.
c. Name and address of applicant's business.
d. Days and hours of requested use.
e. Description of use.
f. An agreement in which the applicant shall agree to pay on behalf of the city all sums which the city shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from use of public property and the public right of way, whether sustained by any person or persons, caused by accident or otherwise and shall defend at its own expense and on behalf of the city any claim against the city arising out of the use of public property and the public right of way.
g. Insurance as required in a reasonable amount necessary to minimize risk of harm to persons or property based on the nature and size of the event, as determined by the city's risk manager. The insurance requirement may be waived if applicant demonstrates inability to obtain insurance or to pay the cost of insurance.
h. Any other information that the city manager or designee finds necessary.
B. Issuance Or Denial Of Permit:
1. Standards For Issuance Of Permit: The city manager or designee shall grant or deny the application for temporary use of sidewalk permit in writing, which shall be mailed by ordinary mail or personally delivered to the applicant, and state the reasons therefor within seven (7) working days of the application being filed. The city manager or designee shall examine the application and shall issue said permit if the following conditions are met:
a. The applicant's proposed use will not impede the free flow of pedestrian traffic along the public right of way or in or out of adjacent properties.
b. All applicable fees have been paid.
c. The application is fully completed and executed.
d. The indemnification agreement has been signed.
e. A certificate of insurance showing compliance with this section has been provided.
f. The application contains no material falsehood or misrepresentation.
g. The applicant is legally competent to contract and to sue and be sued.
h. The applicant has not damaged city property, and if the applicant has, the damage has been paid in full, and has paid all other outstanding and unpaid debts to the city.
i. No permit has already been issued for the same time and place.
j. The use does not conflict with previously planned programs organized and conducted by the city and previously scheduled for the same time and place.
2. Contents And Conditions Of Permit: The permit shall contain the following information:
a. Name, telephone number, and address of permittee.
b. Time, date and place of the permitted activity.
c. The permittee shall only offer for sale its own goods and products and shall not offer for sale any tobacco product.
d. Such other information that the city manager or designee finds necessary for the enforcement of this chapter.
C. Appeals: Any party aggrieved by the city manager's or designee's decision to grant or deny a permit under this chapter may appeal the determination to the city council if, within five (5) working days after the decision, the party files a written notice of appeal with the city clerk. In such event, a hearing shall be held by the city council no later than its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with chapter 21 of the Iowa Code. Upon such hearing, the city council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the city manager's or designee's decision. The city council's decision is the final decision.
D. Prohibited: The sale, transfer, or assignment of a temporary use of sidewalk permit is expressly prohibited.
E. Revocation Of Permit:
1. The city manager or designee, or the city council if issued following an appeal, may revoke a permit if:
a. It is determined by the chief of police or the fire chief that, by reason of disaster, public calamity, riot or other emergency, the public safety requires such revocation is necessary to protect health, safety, and welfare.
b. The permittee has misstated any material fact in the application.
c. There is a substantial and material variance between the information in the application and the actual facts or those facts which appear reasonably to have occurred.
d. The permittee is operating in violation of the terms and conditions of the permit.
e. The permittee is operating in violation of the terms of the permit or local, state, or federal law.
f. The permittee's insurance has been canceled.
2. A permit holder may appeal the revocation in the same manner as appealing the issuing or denying of a permit.
F. Fees: Fees for permits shall be set by resolution of city council. (Ord. 04-4125, 5-4-2004)