(A) By March 1, 2017, any person desiring a license to utilize an OPS for which a license is required under this division shall file with the City Clerk an application, under oath, on a form provided by the City Clerk. Applications shall include the following information:
(1) The full name of the applicant and whether the applicant is an individual or a corporation, partnership or other business entity;
(2) The name under which the business is operated and a copy of the current business registration and any applicable business licenses;
(3) The business address and all telephone numbers for the business;
(4) A copy of the signed lease for the business premises and written consent of the owner to utilize an OPS on the premises, if the premises are not owned by the applicant;
(5) The site plan number and the date of the meeting at which the site plan for the OPS was approved by the Planning Commission (if applicable), including a layout plan of the OPS showing:
a. Its overall design and placement on a scaled site plan;
b. The location of all seats, tables, serving areas, exits, trash receptacles, and any other temporary fixtures;
c. Lighting (other than decorative lighting);
d. Speakers, amplifiers, televisions, display screens, stages or performance areas, and similar installations designed to facilitate entertainment;
e. Design of any walls, railings, planters, and other screening and boundary elements; and
f. If outdoor heating elements are proposed (permanent or temporary), the location and design of such elements, which shall be required to meet all applicable codes prior to installation.
(6) The full name, address, and phone number of each individual who manages or is principally in charge of the operation of the business, with such information to be updated immediately with any new or changed information not found on the initial list;
(7) A detailed summary or description of the nature and type of services to be provided within the OPS;
(8) The days and times the OPS will be open to patrons;
(9) A release and authorization for the city, through its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth on the application and the qualifications of the applicant for the license;
(10) Additional business establishments with an OPS that have been owned and/or operated by the applicant, in whole or in part, within the past ten years;
(11) Such other information as may be required by the Clerk;
(12) A written declaration by the applicant, given under oath or affirmation, under penalty of perjury, that the information contained in and attached to the application is true and correct.
(C) All applications shall be accompanied by a nonrefundable application fee in an amount set by the city's annual appropriations ordinance.
(D) It shall be a misdemeanor, punishable as provided in Chapter 1 of the city code, for any person to knowingly make any false, fraudulent, or untruthful statement, either written or oral, or in any way knowingly to conceal any material fact or to give or use any fictitious name in applying for a license under this division. Any license obtained in violation of this division shall be void.
(E) Each application shall also be accompanied by:
(1) A fully executed maintenance agreement acceptable to the City Attorney, assuring the upkeep and maintenance of, and the prevention of nuisances created by operation of, the OPS. The agreement shall remain in effect for as long as the OPS is operated and properly licensed, and shall include the applicant's agreement to cease operating the OPS until the operation is in full compliance with the requirements of the maintenance agreement. Any modifications to the OPS may require an amended maintenance agreement.
(2) A public liability and property damage insurance policy insuring the establishment and its personnel against any liability arising out of its utilization of an OPS on the premises. The city, including its employees, agents, officials, officers, and volunteers, shall be named as an additional insured. No person or entity shall maintain, utilize, or allow to be utilized any OPS unless the insurance required by this section is in force at the time of such operation.
(3) A fully executed indemnity agreement, approved by the City Attorney, whereby the applicant and property owner agree to indemnify and hold harmless the city and its officers, agents, and employees from any claim arising or resulting in any manner from the operation of the OPS.
(Ord. No. 450, § 1, 12-20-16)