No license for a sidewalk café shall be issued or renewed until all of the following conditions are met.
(A) The applicant possesses valid licenses from the state and the city to operate the eligible venue.
(B) The area occupied by the sidewalk café abuts to, and will be operated as part of, the applicant’s eligible venue and no part of the sidewalk café adjoins any premises other than the applicant’s eligible venue.
(C) A distance of at least 150 feet exists between the nearest point of the sidewalk café to the nearest point of any property used for residential purposes, excepting residential property owned by the applicant, mixed use commercial/residential structures, and properties located within the Central Community District.
(D) The applicant has furnished the City Clerk with acceptable evidence that the applicant maintains commercial general liability insurance for any death, personal injury, or property damage arising from the ownership, maintenance, or operation of the sidewalk café in amounts not less than:
(1) One million dollars for injury to or death of one person;
(2) Three million dollars for any one incident; and
(3) One hundred thousand dollars for damage to property arising from any one incident.
(E) The applicant shall maintain such insurance in effect at all times during the term of the sidewalk café license. The city shall be named as an additional insured in the policy providing such insurance. The applicant shall produce a certificate to the city when any sidewalk café license is issued or renewed evidencing the required insurance. Further, such certificate shall obligate the insurer to endeavor to give the city not less than 30 days advanced notice of any modification or cancellation of coverage.
(F) The applicant has furnished the City Clerk with acceptable evidence of worker’s compensation coverage as required by M.S. § 176.182, as it may be amended from time to time.
(G) The city has not received notice from the State Department of Revenue prohibiting issuance or renewal of the sidewalk café license.
(H) The applicant has executed and delivered a written agreement to the City Clerk, using a form of agreement provided by the City Clerk, that:
(1) Acknowledges the sidewalk café only exists as a permitted encumbrance for the applicable license period; and
(2) Obligates the applicant to indemnify and hold the city and the city’s officials and employees harmless from any loss, costs, damages, and expenses arising out of the use, design, operation, or maintenance of the sidewalk café.
(I)
The applicant has delivered the damage deposit to the City Clerk.
(J) The City Council has found that the sidewalk café will not unduly restrict the safe usage of the public sidewalk or municipal parking lot, as applicable, after taking into consideration the location of the proposed sidewalk café, pedestrian traffic, and vehicular traffic.