Section 17.28.230 Procedure.

1. No encroachment permit for the establishment of a sidewalk cafe shall be issued until plans for same have been filed with the Community Development Director and approved by the City Manager. Specifications for such plans shall be developed by the Community Development Director.

2. The City Manager shall not approve any permit for the establishment of a sidewalk cafe unless plans accompanying the permit indicate that the sidewalk cafe will be developed in substantial conformity with the above mentioned regulations.

3. All applications for the establishment of a sidewalk cafe shall be signed and approved by both the owner of the business and the owner of the abutting property. Both shall be responsible for conformance with the above requirements.

4. All applications must be filed a minimum of seven days before the effective date of the permit.

5. All permits shall be in writing, signed by the City Manager or his designee and shall be issued to both the owner of the abutting business and the abutting building, the date issued, and shall be revocable as herein provided. Permits shall be valid until revoked or the use abandoned by the business owner or the plans previously filed are changed by the business owner.

6. In accepting the permit, both the owner of the abutting business and the abutting building to which it is granted shall be deemed to have agreed to hold, and shall hold, the City harmless from and indemnify it against any and all damages arising from or growing out of the use of the sidewalk as a sidewalk cafe.

7. The owner of the abutting business shall be required to provide the City with a written hold-harmless agreement in a form approved by the City Attorney.

8. The owner of the abutting property shall be required to provide proof of financial responsibility in the form of a general liability policy issued by a company authorized to do business in the state of Iowa. The insurance shall be for a minimum of $1,000,000.00 per incident and shall list the city as an additional insured.

9. The nonrefundable fee payable in advance for processing an application for a permit herein shall be $100.00.

10. Other than the $100.00 application fee, the public right-of-way may be used free of charge for as long as the permit remains in effect.

11. Encroachment permits for the establishment of sidewalk café must be renewed annually prior to March 1 of each year. However, unless the plans governing the development of sidewalk café change significantly, the $100.00 application fee shall not be required for subsequent renewals. When plans indicating a significant change in the operation of a sidewalk café are submitted a new $100.00 application fee shall be required.

12. For those sidewalk café intending to sell beverages on the public right-of-way, council approval of a resolution closing the right-of-way shall be obtained prior to issuance of the encroachment permit. (Ord. 2002-0390; 99-7660)