(a) Application for a permit shall be made at the division of building inspection in a form deemed appropriate by the administrator. Such application shall include, but not be limited to, the following information:
(1) Name, home and business address, and telephone number of the applicant, and the name and address of the owner, if other than the applicant, of the business.
(2) Name, home address, and telephone number of a responsible person whom the urban county government may notify or contact at any time concerning the applicant's permitted area or encroachment permit.
(3) A copy of a valid business license to operate a business establishment adjacent to the public property which is the subject of the application.
(4) Proof of current liability insurance, issued by an insurance company licensed to do business in the Commonwealth of Kentucky, protecting the licensee and the urban county government from all claims for damage to property and bodily injury, including death, which may arise from operation under or in connection with the encroachment permit and the permitted area. Such insurance shall name the urban county government as an additional insured and shall provide that the policy shall not terminate or be cancelled prior to the expiration date without thirty (30) days' advance written notice to the urban county government. The policy shall be a minimum of one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) aggregate, or higher if deemed necessary by the division of risk management.
(5) A scaled drawing or plan of the proposed location showing the layout and dimensions of the existing public and adjacent private property and showing the clear zone; the proposed location of all furnishings and other objects within the permitted area; a depiction of the cafe seating delineators; a written operations and maintenance plan for the cafe seating; and the written consent of adjacent property owners and tenants if otherwise required. This plan will be kept on file with the permitting office.
(6) Proof of any required ABC license(s), health permits or other permits for the business involved.
(7) Proof of approval by the Lexington and Fayette County Parking Authority, if requesting to use on-street parking controlled by the authority.
(8) A listing fully describing the proposed furnishings and other objects directly related to the business.
(9) Any other information or documentation required in order to comply with state or local alcoholic beverage control laws or regulations.
(b) The administrator may request review of submitted applications by those divisions it deems necessary to carry out the requirements of this article.
(c) The administrator may issue the permit with any necessary conditions, require that the application be amended or modified, or deny it. The administrator shall determine the maximum number of persons lawfully allowed within the permitted area based upon the final approved permit plan in accordance with the provisions of the Kentucky Building Code. Not later than fifteen (15) days after the filing of a completed application for a temporary encroachment permit, the applicant shall be notified in writing by the administrator of the decision on the issuance or denial of the permit.
(d) Each permittee shall also be required to submit an application for renewal of its permit on an annual basis prior to December 1 on a form deemed appropriate by the administrator. Any information that has changed from the previous year's application must be provided in the renewal application.
(e) Application for a permit shall be made at the division of building inspection within forty-eight (48) hours of written notice for failure to obtain a permit. Where the same owner, occupant, or person responsible has been given notice for the same violation at the same location within the previous one hundred eighty (180) days, such requirements of written notice may be waived and legal proceedings commenced immediately.
(f) Prior to the issuance of a permit utilizing the sidewalk or a permit utilizing on-street parking, an annual fee shall be due and payable to the administrator in the amount of one hundred dollars ($100.00). To obtain a permit for both, payment of an annual fee in the amount of one hundred and fifty dollars ($150.00) shall be required. This fee is in addition to any business license for operation in Fayette County or other required fees.