(A)   A valid sidewalk dining permit shall be required for all sidewalk dining on public sidewalks.
   (B)   Establishments that meet the definition of a restaurant shall be permitted to apply.
   (C)   The permit is subject to reapplication and renewal on an annual basis.
   (D)   Permits shall not be transferable from one person or entity to another person or entity.
   (E)   Permits shall not be transferable from the permitted place of business to another place of business.
   (F)   The annual fee for such permit shall be $50 and such fee shall be paid in full at the time of application.
   (G)   All permit fees shall be non-refundable.
   (H)   Other than the applicant’s initial application, all application for a given calendar year, must be submitted by January 31 of the applicable calendar year. In the event that an application is submitted later January 31, a non-refundable late fee of $50, in addition to the annual application fee, must be paid in order for the application to be considered.
   (I)   Permit application forms shall be available at City Hall and shall include, but not be limited to, the following information and documentation:
      (1)   Name, address, and telephone phone number of the restaurant.
      (2)   Name, address, telephone phone number and email address of a contact person for the restaurant.
      (3)   Certificate of insurance evidencing no less than $1,000,000, combined single limit, which said insurance covering all liability, both public liability and property damage, which may result from the granting of the sidewalk dining permit, naming the City of O’Fallon as an additional insured. The insurance coverage must be maintained in full force and effect so long as a permit is outstanding with written proof of renewal of the insurance to be provided to the Director at time of renewal.
      (4)   Design plan drawn to scale, as follows:
         (a)   Accurate depiction of property lines and dimensions, all adjoining public rights of way (including sidewalks), the location and dimensions of all existing structures (primary and accessory) and setback dimensions (measured from the curb to the structure).
         (b)   Depict ingress/egress to business and sidewalk dining area.
         (c)   Depict sidewalk width from face of building to curb.
         (d)   Depict the designated area to be used for sidewalk dining purposes, clearly marked with measurements and dimensions.
         (e)   Depict all surface obstacles and obstructions such as fire hydrants, trees, permanent decorative fixtures, and the like.
         (f)   Depict the number and placement of tables, chairs, umbrellas, pedestrian barriers, decorative items and other fixtures, with the dimensions and product information of each piece shown.
      (5)   No application will be accepted without the required information, proof of insurance and design plan.
      (6)   The application shall be filed with the Director.
   (J)   Upon review for compliance with the standards of this chapter, a permit shall be issued or denied by the Director within ten business days of submission of the application. However the Director may defer, within the aforementioned ten-day timeline, his or her ruling and refer the application to the City Council for its approval, if the Director believes it would be appropriate to do so.
   (K)   Proof of sales tax receipts to ensure compliance with the definition of a restaurant may be requested if deemed necessary by the Director.
(Ord. 3897, passed 8-17-2015) Penalty, see § 123.99