(A) Application for a sidewalk café license required under the provisions of this subchapter shall be made in the office of the City Clerk on an application form prescribed and furnished by the City Clerk. The application form shall require of the applicant the following information:
(1) Name, address, and telephone number of the applicant (the licensee holding the State of Nebraska Class I Liquor License, if applicable);
(2) A plot plan showing the location, size and capacity of the sidewalk café and adjoining licensed structure, entrances and exits, ground surface, location, size and construction of surrounding walls, fences or barriers, and surrounding properties and structures within 150 feet;
(3) The zoning district in which the use is located;
(4) Description of the food and drink (alcoholic and/or non-alcoholic) to be offered for sale. If alcoholic drinks are to be offered for sale, documentation must be included with the application demonstrating to the satisfaction of the city that:
(a) The business has a licensed kitchen and offers a full menu during the hours and days of operation of the sidewalk café;
(b) Gross sales from the sale of alcoholic drinks do not exceed 35% of the gross sales of food and drink;
(5) The number of patrons which the proposed sidewalk café is designed to accommodate;
(6) The hours of operation for the proposed sidewalk café;
(7) How the extended premises will be supervised and maintained;
(8) Proof of comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate, of at least $1,000,000 covering the applicant's operations on the city's sidewalk. Such insurance shall name on a special endorsement form, the city, its elected and appointed boards, officers, agents and employees as additional insureds. The certificate of insurance shall contain provisions that prohibit cancellations, modifications or lapse without 30 days’ prior written notice to the city.
(9) A statement by applicant that said applicant will, in consideration of being issued a license for the use of sidewalk space, agree to hold harmless the city and the officers and employees of the city for any loss or damage arising out of the use, or the discontinuance of any use of the sidewalk space: that said applicant understands that the use of the sidewalk space is to be temporary, on a day-to-day basis; that applicant shall not acquire any right, title, or interest in such sidewalk space; that applicant may be required by the city at any time to vacate all or any part of the sidewalk said applicant has been given permission to use: that upon demand to vacate such sidewalk space, applicant shall promptly remove any personal property placed thereon and return the sidewalk space to the same condition that it was prior to the commencement of use by applicant, or reimburse the city for the cost of moving such personal property and restoring the sidewalk space to its prior condition; that said applicant shall have no recourse against either the city or its officers or agents, either for any loss or damage occasioned by his or her being required to vacate all or any part of the sidewalk space which applicant has been granted permission to use;
(10) Agree to be bound by all ordinances of the city and to comply with all laws, regulations and rules of the State of Nebraska;
(11) To be signed and acknowledged by the applicant.
(Ord. 2042, passed 5-27-10)