A. The City Clerk shall issue a license to an applicant if the applicant meets the requirements of this chapter. The applicant shall complete an application given under oath on a form approved by the City Clerk. The applicant shall, at minimum, provide the following information:
1. The applicant's name and address. If the applicant is a corporation, the applicant shall identify a manager and state the name and address of its manager.
2. The address and contact information of the subject establishment.
3. A description of the types of food and/or beverages to be sold, served, or consumed at the sidewalk cafe and/or outdoor dining area.
4. The proposed hours of operation of the sidewalk cafe and/or outdoor dining area.
5. A site plan depicting the sidewalk cafe and/or outdoor dining area which shall include:
a. A seating plan showing the locations of all seating, tables, furnishings, barricades, and routes of passage through the dining area and along any adjacent sidewalks or public ways;
b. Labels showing the setbacks for the zoning district where the use is located;
c. Ingress and egress points to the building and through any barricades or enclosures; and
d. A scale or distances between all features of the outdoor dining area.
6. Evidence of insurance insuring the applicant against liability arising out of the ownership, maintenance, or operation of the applicant's outdoor dining and/or sidewalk cafe in amounts of at least one million dollars ($1,000,000.00) for the injury or death of one (1) or more persons, and one hundred thousand dollars ($100,000.00) for damage to property. The policy of insurance shall provide for thirty (30) days' prior notice to the City if coverage is substantially changed, canceled, or not renewed. The City shall be named as an additional insured on a primary, non-contributory basis for any liability arising directly or indirectly from the operation of a sidewalk cafe.
7. A statement certifying the applicant shall indemnify, defend, and hold the City and its officers, agents, and employees harmless from any loss or expense, including attorney's fees, that result by reason of the liability imposed by law upon the City for damage because of bodily injury, including death, at any time resulting therefrom, sustained by any person or persons, or on account of damage to property arising out of or in consequence of the granting of a license, operation of a sidewalk cafe or outdoor dining area, or otherwise occupying public property pursuant to a license under this chapter.
8. Payment of the license application fee(s) as established by the City Council.
9. No license shall be issued to an applicant if the owner, or any partner, shareholder, or resident manager, of said applicant is indebted to the City.
10. While an application is pending and throughout a license period, any amendments to information contained in a license application shall be submitted in writing to the City Clerk within five (5) business days after the change necessitating the amendment.
B. Incomplete applications shall be returned to the applicant and not reviewed by the City. The City Clerk will forward complete applications to the Mayor for review by individuals designated by the Mayor.
C. The City shall act on an application within thirty (30) days of receipt of a completed application. (Ord. 071519A, 7-15-2019)