Sidewalk Cafés. Who is the Sidewalk Café Permit issued to and where can it be used?

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1 Sidewalk Cafés This packet contains all of the information you need to understand and apply for a Sidewalk Café Permit. Please read the contents before you start the application process. If you have any questions, please call the Public Works desk at the Permit Center, What is a Sidewalk Café Permit? A Sidewalk Café Permit allows the holder of the permit to place tables and chairs within the sidewalk area adjacent to a business for use by patrons to whom the business has provided food or beverage, per City of Bellingham policy, PWK Sidewalk Cafes. The permit requires that the Sidewalk Café operator ensure that their Sidewalk Café meets site and other regulations as set by the City of Bellingham Who is the Sidewalk Café Permit issued to and where can it be used? The Sidewalk Café Permit is issued to an individual, the Permittee, for use by the single business and location named in the application. The Permittee is often the owner of the business. The permit is personal to them and cannot be transferred in any manner, nor can the permit be used for another business or location. Who is responsible for Sidewalk Café operations? The Permittee bears ultimate responsibility for the operations of the Sidewalk Café. It is the Permittee s responsibility to inform any Responsible Party of Sidewalk Café permit requirements. Violations of the Sidewalk Café permit and policy can result in a notice to abate the nuisance within 24 hours of receipt of notice. If violations continue to occur, the permit may be revoked or the equipment removed at the Permittee s expense, per BMC How much does the Sidewalk Café Permit cost? The fee for a Sidewalk Café permit is $50.00 payable at time of permit issuance. This is an annual permit and must be renewed with the $50.00 fee paid each year the permit is requested for. Do I need liability insurance for a Sidewalk Café Permit? Applicant shall obtain and maintain liability insurance for the event, covering property damage, personal injury, and death, with minimum limits of not less than $1,000,000 per occurrence. The required insurance may be provided by a commercial general liability policy, public liability policy, or special event liability policy. Applicant's insurance shall be primary and shall not seek contribution from any insurance maintained by the City. Applicant's insurance shall include a waiver of any right of subrogation against the City. The City shall be covered as an additional Page 1 of 4

2 insured on applicant's policy. As evidence of the required insurance coverage, applicant shall provide the following documents to the City prior to permit issuance: 1. Certificate of Insurance (ACORD form); 2. Additional Insured Endorsement; 3. Primary and Noncontributory Endorsement; and 4. Waiver of Subrogation Endorsement. Indemnification and Insurance Agreement The applicant shall include a signed copy of the Indemnification and Insurance Agreement attached in this packet. When is a Sidewalk Café Permit valid? Sidewalk Café Permits are issued on an annual basis. They are valid upon issuance and expire December 31 st of the year issued, unless revoked earlier. Sidewalk Café operations are allowed during any hours that the business is open and operating. Where can my sidewalk café be located? A sidewalk café will only be allowed where: The sidewalk, as measured from the property line to the curb, is at least 8 feet wide. The area is adjacent to the business. Sidewalk Café operations are confined to a space referred to as the Area of Operation. All operations, furniture, and other obstructions must be within the Area of Operation at all times. The area for roadway side features (trees, tree wells, parking meters, bike racks, lights, fire hydrants) shall be 3 and the area for pedestrian passage shall be 5 feet. Parking strips with pavers may not be used for pedestrian passage or for the Sidewalk Café. The area reserved for pedestrian travel is referred to as the Clear Pedestrian Zone. This area must be free of all roadway side features as noted above. Obstructions such as café umbrellas are allowed to extend into the Clear Pedestrian Zone from within the Area of Operation only when all parts are above a height of 7 feet within the Clear Pedestrian Zone. The Area of Operation for a Sidewalk Café is typically located between the business s property line and the Clear Pedestrian Zone. The area of Operation may also be located, at the discretion of the City Engineer, between the Clear Pedestrian Zone and the curb; generally a 2 foot buffer will be required between the Area of Operation and the curb. If a sidewalk is wide enough, an Area of Operation may be allowed on each side of the Clear Pedestrian Zone. How will I know where the Area of Operations is located? City staff will mark on the sidewalk at each corner of your Sidewalk Café s Area of Operation to mark the boundaries. Additional marks may be placed at other points along the boundary of the Area of Operation. These marks will provide the operators of the Sidewalk Café an indication of Page 2 of 4

3 the extent of the Area of Operations; it is the Permittee or the Responsible Party s responsibility to ensure that all Sidewalk Café operations, furniture, and other obstructions remain within this zone. What types of furniture can I place in the Area of Operation? In additions to tables and chairs or other seating, a Sidewalk Café Permit allows the placement of furniture and other items within the Area of Operation that are pertinent to the operation of the Sidewalk Café. This includes items such as umbrellas, planters, and bussing carts. All items are subject to approval by the City Engineer. Do I ever need to remove my furniture? Storage of materials on the sidewalk is prohibited. For a Sidewalk Café this means that you need to remove all furniture and any other obstructions that are permitted by your Sidewalk Café Permit within 7 days when not in use. Not in use means that your Sidewalk Café is not being used by you or your customers. You may leave your Sidewalk Café furniture within your Area of Operation overnight or on days that your business is regularly closed. Am I allowed to secure my furniture? Furniture is allowed to be secured within the area of operation. Furniture may only be secured to structures that are controlled by the Sidewalk Café operator or, with permission, by the owner of the property adjacent to the Sidewalk Café. It is preferred that furniture be secured in a fashion that allows quick removal of the furniture, such as with a cable and lock. Secured Furniture still must be removed within 7 days when not in use. What if I want to change who the Permittee is? The permit is personal to the Permittee to whom it was issued and cannot be transferred to others. Any new Permittee must apply for a new Sidewalk Café Permit. What is I am a new owner of a business that previously had a Sidewalk Café Permit and would like to have one issued? If you are a new owner of a business that previously had a Sidewalk Café Permit and would like to have one issued, you will need to apply for a Sidewalk Café Permit; the permit is personal to the Permittee to whom it was issued and cannot be transferred to others. If the Sidewalk Café marks have been removed from the Area of Operation or you want to adjust the size of the Area of Operation, the application and permitting process will be identical to that for any other new Sidewalk Café. Page 3 of 4

4 Is there anything else I should consider? Your Sidewalk Café must accommodate for customers who are on the sidewalk and waiting or in line for your business. The location and configuration of your Area of Operations cannot be such that it encourages waiting or in line customers to obstruct the Clear Pedestrian Zone. You may be required to provide a location for waiting or in line customers that is on private property or that is incorporated into your Area of Operations. All food must be prepared within your building; cooking and preparation of food within the sidewalk area is prohibited. Before purchasing your Sidewalk Café furniture, consider the accessibility of your furniture and design to those with disabilities, wheelchairs, or mobility devices. State of Washington law prohibits smoking within 25 of public places or places of employment, RCW This applies to both your building and any neighboring buildings. The Sidewalk Café permit does not allow for smoking in these areas. The sale of liquor in the State of Washington requires that your business have a Liquor License. If you wish to sell alcohol to customers to be consumed when using your Sidewalk Café, you will need to apply for Added Activities for Beer/Wine restaurant for your Liquor License. Contact the Washington State Liquor Control Board at or www. Liq.wa.gov. How do I apply for a Sidewalk Café Permit and what should I do first? Before you apply for a Sidewalk Café Permit, review all of the information in this packet. Look at the area that you plan to use and assess if it will meet the requirements of the Sidewalk Café program. Make a plan for how you intend to use the area. All of the materials you need to start your application are include in the following pages of this packet. Feel free to contact the Public Works Engineering representative at the Permit Center at City Hall if you need to discuss your plans or have any questions, Page 4 of 4

5 [Type text] Sidewalk Café Permit Application Department of Public Works Information required with application: o Concept drawing of sidewalk café and layout plan o Proof of insurance o Hold Harmless Agreement o Notification of adjacent businesses Applicant Name: phone cell Mailing address: Business Information Name and location of business that will use permit Business Name phone Business Address Business Owner phone Property Owner phone cell Total square feet of public way to be used: Operations Plan Length and width along sidewalk: Hours of operation: Days of operation Proposed seating capacity: I certify that the information contained in this application and any other materials submitted in the course of my application for a Sidewalk Café Permit is true to the best of my knowledge. I agree to comply with all City Ordinances, Policies and State Laws regulating activities covered by this permit Signature Date

6 INDEMNIFICATION AND INSURANCE AGREEMENT FOR SIDEWALK CAFES This Agreement is entered into by and between the CITY OF BELLINGHAM, (the "City") and, UBI# ( Applicant ), for and in consideration of the City's issuance to Applicant of a sidewalk café permit at the following address: _, Bellingham, Washington. Applicant agrees as follows: 1. Indemnification. Applicant shall defend, indemnify and hold the City harmless from all claims and liabilities, including for personal injury, death, and property damage, arising wholly or partially out of any act or omission of Applicant, its agents, subcontractors or employees in connection with Applicant's use of the right of way under the above-referenced permit. 2. Insurance. Applicant shall obtain and maintain liability insurance for the event, covering personal injury, death, and property damage, with minimum limits of $1,000,000 per occurrence. Applicant's liability policy shall be primary and noncontributory, shall include a waiver of subrogation, and shall cover the City as an additional insured. EXECUTED this day of, 20 for APPLICANT: Signature Print Name & Title UBI No. (Businesses Only) EXECUTED this day of, 20 for the CITY OF BELLINGHAM by: Departmental Approval: Mayor Public Works Director Attest: Approved as to Form: Finance Director Office of the City Attorney

7 Signature Form for Notification Of Sidewalk Cafe Name of the business operating the sidewalk cafe: Address of the business: Contact person name and phone number: The above listed are proposing a sidewalk café adjacent to their business. Hours of operation between and Days of operation By signing below, we, the abutting residents and/or business representatives adjacent to the proposed sidewalk café acknowledge notification of the proposal. Printed Name Signature Address Phone Attach additional page if necessary