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A. A permit shall be issued only to a validly licensed business that wishes to provide dining area furniture on the public or private property directly adjacent to the business for an outdoor dining area to be used by the general public. The application shall contain the following information:

1. The name, home and business address, and telephone number of the applicant, and the name and address of the owner, if other than the applicant, of the business.

2. The name, home address and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant’s permit.

3. A copy of a valid business license to operate a business establishment which is the subject of the application.

4. A statement of how the sidewalk dining area will be supervised and maintained.

5. Proof of current liability insurance, issued by an insurance company licensed to do business in the state, protecting the licensee and the city from all claims for damage to property and bodily injury, including death, which may arise from operation under or in connection with the sidewalk dining permit. The policy shall be reviewed by the public works department for verification that the insurance adequately protects the city and meets the intent of this section. Such insurance shall name the city as an additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days’ advanced written notice to the city.

6. Two copies and an original sketch to scale of the proposed location showing the layout and dimensions of the proposed sidewalk dining area.

7. Proof of any required permit from the Arizona Department of Liquor Licenses and Controls.

8. Photographs, drawings, or manufacturer’s brochures fully describing the appearance of all proposed dining area furniture or other objects related to the business.

B. An initial annual sidewalk dining permit fee in an amount equal to the prevailing right-of-way permit fee shall be due and payable. This fee is in addition to the business license required for operation within the city and is for the sole purpose of recouping costs associated with enforcement of this chapter. The sidewalk dining permit may be renewed annually so long as the applicant is in compliance with the requirements of this chapter.

C. The sidewalk dining permit required by this chapter shall be issued on a form prepared and deemed suitable by the city code enforcement department. The sidewalk dining permit shall contain, at a minimum, the following conditions:

1. Each permit shall be effective for one year, from January 1st to December 31st, subject to annual renewal, unless revoked or suspended prior to expiration. No fees will be refunded.

2. The permit issued shall be personal to the permittee only, and shall not be transferable in any manner.

3. The permit may be suspended by the public works department when necessary to clear the public property for public safety or for a community or special event. Except in the case of an emergency, a minimum of 14 days’ advance notice will be provided to the permittee.

4. The public works department may require the temporary removal of items within the sidewalk dining area when street, sidewalk, common areas or utility repairs necessitate such action.

5. The permit shall be specifically limited to the area shown on the site plan attached to and made part of the permit.

6. The sidewalk dining area covered by the permit shall be maintained in a neat and orderly appearance at all times, and the area shall be cleared of all debris on a periodic basis during the day and again at the close of each business day.

7. No advertising is allowed in the sidewalk dining area except for the posting of menu items or prices on approved equipment or objects.

8. No furniture or any other parts of the business shall be attached, chained, or in any manner affixed to any tree, post, sign, other fixture, curb or sidewalk within or near the permitted area.

9. The issuance of a permit is temporary, and may be revoked pursuant to the provisions of SCC 5.30.070, and does not grant or imply any vested property rights to use of the area by the permittee.

10. Dining area furniture and any other objects provided shall be maintained with a clean and attractive appearance and shall be kept safe and in good repair at all times.

11. The city retains the right to suspend the privilege of using glass containers within the sidewalk dining area during major festivals and special events and when streets are closed. The use of glass containers will be revoked if an incident jeopardizes the health, safety and welfare of customers or the general public. Any violation of state or local laws will also result in a revocation of this privilege. Repeated offenses may result in revocation or denial of the sidewalk dining permit.

12. The applicant must pay necessary sewer capacity fees for seats within the sidewalk dining area. In addition the applicant must pay monthly sewer fees in order for the permit to remain valid.

13. The applicant must demonstrate to the satisfaction of the public works department that on-site infrastructure such as grease traps, collection systems, etc., are adequate for the increased discharges that will result from the additional seating created by the sidewalk dining area.

14. The public works department may impose additional conditions to any permit that are reasonably related to ensuring the health, safety, aesthetics and efficient operation of the outdoor dining area. [Code 2006 § 7-14-5. Ord. 2010-18 § 1, 12-14-2010; Res. 2010-33 Exh. A, 12-14-2010].

Code reviser’s note: Ord. 2010-18 contained two sections numbered 7-14-5.