(A) It shall be unlawful to operate a Sidewalk Dining Area or to engage in or allow sidewalk dining without first having obtained a permit therefor.
(B) An applicant for a Downtown Sidewalk Dining Permit shall file an application with the City Clerk on such forms and subject to such procedures as the City Clerk and City Manager may establish for such purpose. The application shall be made to the City Clerk and shall be in writing, under oath, and signed by an authorized agent of the proposed Permittee.
(C) The application shall state the name, address, and telephone number of the applicant and shall include a legal description and the address of the premises proposed to be operated as a restaurant adjacent to the sidewalk subject of the application.
(D) The application shall include a plan with dimensions showing the layout for the sidewalk dining area which accurately depicts the existing sidewalk conditions, including sidewalk width from the building face to curb, location and dimensions of tree wells, location of lamp posts, traffic and parking signs, signal poles, trash receptacles, benches, and other sidewalk features or obstructions, as well as the design, location, size, and space of the sidewalk dining area, chairs, tables, barriers, umbrellas, and other facilities to be located within the sidewalk dining area. The application shall also provide proof of insurance complying with the provisions of this Chapter 119 and shall also include such additional information as the City Manager may determine to be necessary to establish compliance with Chapter 119.
(E) No permit shall be issued to any person in default of any payment to the City, including but not limited to any licensing fee under any Article of the Revised Code, or any other charge or fee imposed by the Revised Code, any tax imposed by the City of Mt. Vernon, or any charge for water, sewer, or garbage services, or to any person in default on any loan agreement, or contract with the City, or in default on any amount owed to the City.
(F) The City Manager shall review the application to determine if the proposed sidewalk dining area meets the requirements of this Chapter 119. The City Manager may approve, approve with conditions, or deny the application; upon receipt of written approval, the City Clerk shall issue the Sidewalk Dining Permit. If the City Manager approves the application, then the approved plan and permit shall be posted at the restaurant premises and be clearly visible to customers and to the public. No material changes to an approved plan may be made without prior written approval of the City Manager upon application of the Permittee, although no additional permit fee will be assessed for such change.
(Prior Code, Art. 32, § 32D)