In order to apply for, be issued, and maintain a sidewalk dining activities permit a restaurant operator shall comply with all of the following requirements and conditions.
(A) Tables, chairs, and other furnishings shall be placed a minimum of six feet from any travel lane.
(B) Tables, chairs, and other furnishings shall be placed in such a manner that at least five feet of unobstructed paved space of the sidewalk, measured from any permanent or semi-permanent object, remains clear for the passage of pedestrians and provides adequate passing space that complies with the Americans with Disabilities Act.
(C) Tables, chairs, and other furnishings shall not obstruct any driveway, alleyway, building entrance or exit, emergency entrance or exit, fire hydrant or standpipe, utility access, ventilation areas, or ramps necessary to meet accessibility requirements under the Americans with Disabilities Act.
(D) The maximum posted speed permitted on the roadway adjacent to the right-of-way to be used for sidewalk dining activities shall not be greater than 45 miles per hour.
(E) The restaurant operator of a restaurant abutting State of North Carolina right-of-way shall provide evidence of adequate liability insurance in an amount satisfactory to the town, but in no event in an amount less than the amount specified by the town under G.S. 160A-485 as the limit of the town'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 North Carolina Department of Transportation and the Town of Murphy as additional insureds on any policies covering the business and the sidewalk dining activities.
(F) The restaurant operator of a restaurant abutting town street or alley right-of-way shall provide evidence of adequate liability insurance in an amount satisfactory to the town, but in no event in an amount less than the amount specified by the town under G.S. 160A-485 as the limit of the town's waiver of immunity. The insurance shall protect and name the town as an additional insured on any policies covering the business and the sidewalk dining activities.
(G) The restaurant operator of a restaurant abutting State of North Carolina right-of-way shall provide an agreement to indemnify and hold harmless the North Carolina Department of Transportation and the town from any claim resulting from the operation of sidewalk dining activities.
(H) The restaurant operator of a restaurant abutting town street or alley right-of-way shall provide an agreement to indemnify and hold harmless the town from any claim resulting from the operation of sidewalk dining activities.
(I) The restaurant operator shall provide a copy of all permits and licenses issued by the State of North Carolina, Cherokee County, or the town, including health and ABC permits, if any, necessary for the operation of the restaurant or 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 Cherokee County or the town for exterior alterations or improvements to the restaurant.
(J) The restaurant operator shall cease part or all sidewalk dining activities in order to allow construction, maintenance, or repair of any street, sidewalk, alley, utility, or public building, by the North Carolina Department of Transportation, the town, its agents or employees, or by any other governmental entity or public utility.
(K) Any other requirements deemed necessary by the North Carolina Department of Transportation.
(Ord. passed 6-1-2020)