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Any business owner desiring to operate a sidewalk café shall prepare and file an application with the City Manager which shall contain the following information:
(A) The name, addresses and telephone number of the business desiring to operate a sidewalk café;
(B) The name, address and telephone number of the business operator;
(C) The type of products to be sold and served at the sidewalk café;
(D) The hours of operation of the business and the proposed hours of operation of the sidewalk café;
(E) A site plan showing the section of sidewalk or pedestrian way to be used for the sidewalk café, and the section to be kept clear for pedestrian and fire lane use, and depicting the proposed placement of tables, chairs, umbrellas, trash receptacles and other furnishings on the sidewalk or pedestrian way;
(F) Evidence of adequate liability insurance in an amount satisfactory to the city, but in no event in an amount less than amount specified under G.S. 160A-485 as the limit of the city's waiver of immunity or the amount of Tort Claim liability specified in G.S. 143-299.2, whichever is greater. The insurance shall protect and name the N.C. Department of Transportation (hereinafter referred to as the "Department") and the city as additional insureds on any policies covering the business and the sidewalk activities.
(G) A written agreement to indemnify and hold harmless the Department and the city from any claim resulting from the operation of sidewalk dining activities.
(H) A copy of all the permits and licenses issued by the county, state or the city, including health and ABC permits, if any,, necessary for the operation of the business, or a copy of the application for the permit if no permit has been issued. This requirement includes any permits or certificates issued by the city or other governmental authority, for exterior alterations or improvements to the building;
(I) A sworn statement describing any violation by the business operator of any laws, regulations or ordinances relating to the possession, sale, consumption or transportation of intoxicating beverages or controlled substances during the five years immediately preceding the date of the permit application;
(J) Additional information as may be requested by the City Manager or his or her designee in order to determine compliance with this section;
(K) An annual fee in the amount as set forth in the fee schedule to cover the cost of processing and investigating the application and issuing the permit; and
(L) Any other requirements deemed necessary by the Department or the city.
(Ord. O-02-06, passed 4-6-2006; Ord. O-02-14, passed 2-6-2014; Ord. O-06-21, passed 3-23-2021) Penalty, see § 10.99