(A) Any person who complies with the provisions of this subchapter and is issued a permit hereunder is authorized to place personal property or merchandise upon the sidewalk pursuant to the permit terms and conditions. Each permit shall be effective for one year, starting July 1 of each year and is subject to annual renewal and immediate revocation if any of the terms and conditions of the permit is breached.
(B) The use of a sidewalk is the sidewalk area found directly in front of an establishment and remains within the width of the business itself.
(C) A permit is required for any/all sidewalk use or operations. Furthermore, the use of the sidewalk to display merchandise is a privilege and not a right. Any person who violates the conditions of this subchapter and/or the permit shall be subject to having said permit revoked. Should a violation occur, notice shall be given to the permittee and a hearing held with notice by the City Council with respect to the violations(s).
(D) Anyone desiring to place personal property or merchandise upon the sidewalk must apply for a permit at City Hall on forms provided by the City Administrator. Such application shall include, but not be limited to, the following information:
(1) Name, address, telephone number and form of business of the applicant;
(2) The written consent of the property owner owning the real property immediately adjacent to the sidewalk area subject to the application; and
(3) A copy of the applicant’s commercial general liability insurance from one or more U.S. domiciled insurance companies licensed to do business in the state which provides coverage for bodily injury, personal injury and property damage liability in the amount of at least $1,000,000 for each occurrence and $2,000,000 in the aggregate and naming the city, its councilors and employees as an additional insured.
(E) Such annual permit is not transferrable or assumable.
(F) Permit fees shall be annual and be determined by the City Council and shall be set forth by Council resolution.
(Ord. 2018-04, passed 9-23-2019)