CITY OF TYBEE ISLAND SIDEWALK CAFÉ OR MERCHANDISE DISPLAY PERMIT APPLICATION

Transcription

1 CITY OF TYBEE ISLAND SIDEWALK CAFÉ OR MERCHANDISE DISPLAY PERMIT APPLICATION FOR OFFICE USE ONLY Date Received New r Renewal License Number Business name Street address Mailing address 1111 Name f business wner: Phne numbers f wner: Business Hme Mbile 1111 Name f applicant if ther than wner: Phne numbers f applicant: Business Hme Mbile Relatinship f applicant t wner (same, emplyee, agent, etc.) Mailing address f applicant Applicatin is fr: Sidewalk Café Merchandise Display 1. The length and width in feet f the public right-f-way t be used: 2. The number f tables and chairs t be prvided at the Sidewalk Café: 3. Hurs f peratin f the Sidewalk Café r Merchandise Display: Sunday: Mnday: Tuesday: Wednesday: Thursday: Friday: Saturday: Sidewalk elements f cafés and merchandise displays must be secured daily when nrmal business peratins cease. The applicant shall nt replace the apprved items r change the layut withut written authrizatin frm the Planning and Zning Manager. DOCUMENTS REQUIRED WITH APPLICATION Affidavit (must be ntarized; see page 2) Indemnificatin Agreement (must be ntarized; see page 3) Certificate(s) f Insurance listing the City f Tybee Island as an additinal insured (see page 4) A Site Plan t scale with measurements f the prpsed sidewalk area and all items t be placed n r within it (see page 4) Phtgraph(s) f the sidewalk area (ptinal) Applicant s signature Date Printed name City Marshal ROUTING APPROVE OR DENY BY DATE FEE Planning & Zning Manager Sidewalk Use Fee $0.00 An applicatin may require 30 days r mre t prcess. DIRECT AN APPEAL OF PERMIT DENIAL TO THE CITY MANAGER. 403 Butler Avenue, P.O. Bx 2749, Tybee Island, Gergia (912) , ext r 5071 FAX (912) Page 1 f 6 1/09/2014

2 AFFIDAVIT I,, acting in the capacity f, name wner, agent, emplyee, etc. n behalf f the establishment knwn as lcated at business name, Tybee Island, Gergia, attest t the fllwing: street address I have reviewed this applicatin and all entries are crrect and accurate t the best f my knwledge. There are n missins f fact. There are n items lcated n the sidewalk where the Sidewalk Café r Merchandise Display is prpsed that wuld prhibit the Planning and Zning Manager frm issuing a Sidewalk Café r Merchandise Display Permit. N vilatin(s) f Gergia Law, Federal Law, Lcal Ordinance, r any Rule r Regulatin f the State Revenue Cmmissiner, r any Rule r Regulatin f the City f Tybee Island r Chatham Cunty have been adjudicated against this business within the last 12 mnths preceding the date f the applicatin, r, The fllwing vilatin(s) f Gergia Law, Federal Law, Lcal Ordinance, r Rule r Regulatin f the State Revenue Cmmissiner, r Rule r Regulatin f the City f Tybee Island r Chatham Cunty have been adjudicated against this business within the 12 mnths preceding the date f the applicatin: I have read the Suth End Plicies and Prcedures and will abide by said Suth End Plicies and Prcedures at all times during the term f the Sidewalk Café r Merchandise Display Permit. Ntarized Signature: Date: Printed Name: STATE OF GEORGIA COUNTY OF CHATHAM The freging instrument was acknwledged befre me this day f, 20, by wh is persnally knwn t me r wh has prduced identificatin. Signature f Ntary Public My Cmmissin expires: Page 2 f 6 1/09/2014

3 INDEMNIFICATION AGREEMENT (RELEASE AND HOLD HARMLESS AGREEMENT) This Indemnificatin, Release and Hld Harmless Agreement is made this day f, 20, by ( APPLICANT ) fr the benefit f the City Tybee Island, Gergia ( CITY ). When referred t herein, the CITY means the Planning and Zning Manager, the municipality, its City Cuncil, and each member theref, and its fficers, emplyees, advisry bard members and representatives. WHEREAS, the APPLICANT is the wner r lessee f the prperty lcated at, Tybee Island, Gergia; and, WHEREAS, the APPLICANT has applied fr a Sidewalk Café r Merchandise Display Permit fr the temprary use f the sidewalk area abutting the prperty described abve pursuant t City Cdes, rdinances, and plicies and is required thereby t indemnify, defend and hld and save the CITY harmless fr its use f the public right-f-way (hereinafter cllectively the PROPERTY ); and, WHEREAS, the APPLICANT is authrized t and has btained all necessary apprvals fr this Agreement, NOW, THEREFORE, in cnsideratin f the CITY allwing the APPLICANT t use the public right-f-way fr its Sidewalk Café r Merchandise Display the APPLICANT agrees as fllws: 1. The abve recitals are true, and crrect and are incrprated herein by reference, 2. The APPLICANT agrees t indemnify and hld and save the CITY harmless frm any and all damages, lss r liability ccurring by reasn f any injury f any persn r prperty which may ccur as a result r cnsequence f the issuance f the Sidewalk Café r Merchandise Display Permit r the use f the PROPERTY by the APPLICANT r their family, fficers, agents, representative, guests, emplyees, invitees, r persns cntracting with either r any f them r ccasined by an act r missin, neglect, r wrngding f the APPLICANT r their family, fficers, agents, representative, guests, emplyees, invitees, r persns cntracting with either r any f them. APPLICANT will, at their wn cst and expense, defend and prtect the CITY against any and all such suits, claims r demands which may be claimed t have arisen as a result r cnsequence f r in cnnectin with the issuance f the Sidewalk Café r Merchandise Display Permit r the use f the PROPERTY by the APPLICANT r their family, fficers, agents, representative, guests, emplyees, invitees, r persns cntracting with either r any f them r ccasined by an act r missin, neglect, r wrngding f the APPLICANT r their family, fficers, agents, representative, guests, emplyees, invitees, r persns cntracting with either r any f them. Ntwithstanding the freging, this shuld nt be cnstrued s as t require the applicant r anyne else t indemnify the CITY fr claims arising frm the sle negligence f the CITY, its agents, emplyees, r fficers. 3. The APPLICANT des hereby remise, release, satisfy, quit claim, and frever discharge the CITY frm any and all actins, suits, claims r demands that they ever had, nw has, r may have in the future against the CITY as a result f the granting f the Sidewalk Café/Merchandise Display Permit r because f the use f the PROPERTY by the APPLICANT r their family, fficers, agents, representatives, guests, emplyees, invitees, r persns cntracting with either r any f them. 4. The APPLICANT will maintain liability r ther insurance as required by City cdes, rdinances, and plicies which shall name the CITY as an additinal insured and fr which the CITY will be given a current certificate. Said liability r ther insurance shall prvide cverage fr any suit r claim arising frm the issuance f the Sidewalk Café r Merchandise Display Permit r the use f the PROPERTY by the APPLICANT. 5. The terms f this Indemnificatin Agreement shall be binding upn and inure t the benefit f the parties and their heirs, legal representatives, successrs and assigns. Ntarized signature: Printed name: Date: STATE OF GEORGIA COUNTY OF CHATHAM The freging instrument was acknwledged befre me this day f, 20, by wh is persnally knwn t me r wh has prduced identificatin. Signature f Ntary Public My Cmmissin expires: Page 3 f 6 1/09/2014

4 SOUTH END POLICIES AND PROCEDURES Dear Business Owner, The intent f the Suth End Plicies and Prcedures is t prvide standards fr sidewalks in rder t enhance the quality and safety f the pedestrian experience within the Suth End Overlay Zne/C-1 Beach Business District while simultaneusly helping t supprt the grwth and vitality f lcal businesses. These gals are cnsistent with the visin fr The Strand Dwntwn Histric District as utlined in the Tybee Island Cmprehensive Plan, Sectin These standards prvide guidelines t ensure a smth prcess fr apprval t display merchandise r prvide an utdr café n public prperty. These Plicies and Prcedures are administered thrugh the Planning and Zning Department which is available t guide the permit applicatin prcess. The Tybee Island Main Street Prgram Crdinatr is als available t answer yur questins. Sincerely, Planning and Zning Manager Main Street Prgram Crdinatr phne (912) phne (912) I. PURPOSE The Suth End Plicies and Prcedures are cnsistent with the City f Tybee Island s bjectives f develping attractive pedestrian walkways and satisfying the desire f lcal businesses t use public space fr utdr dining r merchandise display. Permits are issued at n cst and expire December 31 st f each year. It shall be unlawful fr any persn t place items n a right-f-way withut a valid permit. These standards are subject t change at any time and withut prir ntice. These Plicies and Prcedures supersede all prir apprvals fr use a public right-f-way. II. III. CERTIFICATE OF INSURANCE A. Each business shall furnish a Certificate f Insurance evidencing cmmercial general liability insurance with limits f nt less than $600,000 per ccurrence, $1,000,000 in the aggregate cmbined single limit, fr bdily injury, persnal injury and prperty damage liability. The insurance shall prvide fr 30-days written ntice t be given t the City f Tybee Island if cverage is substantially changed, canceled r nt renewed. B. The City f Tybee Island shall be named as an additinal insured n a primary, nncntributry basis fr any liability arising directly r indirectly frm the peratin f a sidewalk café r a merchandise display; and the business shall indemnify, defend and hld the City harmless frm any lss that results directly r indirectly frm the permit issuance r the peratin f the sidewalk café r merchandise display. C. In additin, if alchlic beverages will be served at a sidewalk café, the applicant shall prvide prf f liqur liability insurance fr the sidewalk café with limits f nt less than $1,000,000 in such type as shall be acceptable t the City. D. The business shall maintain the insurance cverage required under this sectin during the permit perid. Failure f the business t maintain the insurance required by this sectin shall result in the immediate revcatin f the sidewalk permit. APPLICATION FOR TEMPORARY USE OF THE PUBLIC SIDEWALK A business seeking t use a sidewalk shall prvide annually an Applicatin, Affidavit, Indemnificatin Agreement, Certificate(s) f Insurance, and a Site Plan. The applicant as listed n the applicatin will thereafter be the city s cntact cncerning the temprary use. Sidewalk permits are nt transferable in the event f a change in wnership r management. The Site Plan shall be t scale with measurements f the sidewalk area t be used and shall include all items t be placed n r within the sidewalk area. The sidewalk use must nt interfere with the use f the right-f-way by adjining prperty wners/tenants. In the event an applicatin is nt apprved, a business is encuraged t wrk with staff t revise the applicatin and/r prvide the required dcuments t arrive at a submittal that cmplies with the Plicies and Prcedures and all applicable cdes. A. Space and Sidewalk Elements 1. Sidewalk cafés and merchandise displays are intended fr sidewalks with a width f 10-feet r mre frm the prperty line t the curb, hwever, use f a narrwer sidewalk may be cnsidered. The sidewalk area shall be cnsidered an extensin f the business and must be lcated directly in frnt f the business. Permissin f an adjacent prperty wner will nt be allwed as an exceptin t this requirement. 2. The area t be used may extend frm the building tward the curb. A minimum clear pedestrian path f 4-feet is Page 4 f 6 1/09/2014

5 required at all times. In areas f high pedestrian traffic r in cnditins that necessitate additinal clearance, a path greater than 4-feet may be required. The path shall be free f trees, parking meters, utility ples, signage, r ther bstructins. All activities by patrns and emplyees (i.e. serving, sitting, dining, shpping, etc.) shall nt encrach int the required 4-ft pedestrian path at any time. 3. Where a sidewalk café r merchandise display is lcated at a street intersectin, alley, r driveway, the visin clearance requirements f Sectin shall apply. 4. Cmpliance with ADA prvisins as utlined in O.C.G.A. Title 30 Accessibility Cde is required at all times. 5. Tables, chairs, benches, café barricades, umbrellas, awnings, display racks, signage, and any ther bject f a sidewalk area shall be f quality materials and wrkmanship t ensure the safety f users. Objects may nt impinge n entrances r exits, lading znes, city benches, city trash cans, etc. The apprpriate density f items will be affected by the specific cnditins f the lcatin. Items shuld be kept t a minimum s as nt t cause crwding r a nuisance. Items shall be placed nly as shwn n the apprved site plan. 6. Outdr heaters may be utilized when in cmpliance with the guidelines f the Amendments t the Internatinal Fire Cde, as adapted fr the State f Gergia. The lcatin f an utdr heater must be shwn n the site plan. 7. A sidewalk element shall nt be permanently attached t the sidewalk. 8. The business shall be respnsible fr the restratin f the sidewalk if any damage ccurs. 9. Sidewalk elements shall be stacked/set aside immediately upn ceasing daily peratin and must be secured in such a manner as t prevent their use. Businesses are strngly encuraged t stre sidewalk elements indrs. 10. Only establishments with an Occupatinal Tax License Cde f Restaurant may perate a sidewalk café. 11. The Planning and Zning Manager may place additinal cnditins upn the issuance f a permit in rder t ensure the prtectin f the public walkways and the rights f adjining prperty wners and the health, safety and general welfare f the public. 12. Use f the right-f-way may be temprarily suspended, withut prir ntice r hearing, at the discretin f the city when there is reasnable cause that the use may interfere with public safety, special events, street imprvement r cnstructin activities, cleaning, r ther activities affecting the health, welfare r safety f the public. 13. A permit is nn-permanent in nature and the applicant shall have neither prperty interest in, nr any entitlement t, the granting r cntinuatin f any such permit. 14. Lighting may be utilized if apprved by the Planning and Zning Manager. Lighting shall cmplement the building and sidewalk area and shall nt cause a glare t passing pedestrians r vehicles. All lighting must be turtle-friendly as required by the Land Develpment Cde. An electrical permit is required fr the installatin f lighting. B. Overhead Structures 1. Umbrellas may be utilized if apprved by the Planning and Zning Manager. They shall nt interfere with trees. They shall have n supprt psts attached t the right-f-way. The bttm f an pen umbrella shall be a minimum f 7-feet abve the sidewalk. 2. The bttm f an pen awning r canpy shall be a minimum f 10-feet abve the sidewalk. a. On Butler Avenue, an awning r canpy extending a required 48-inches frm the wall f the structure may be utilized if apprved by the Planning and Zning Manager. b. On Tybrisa and Strand, an awning r canpy extending a required 72-inches frm the wall f the structure may be utilized if apprved by the Planning and Zning Manager. 3. An executed Revcable License is required frm the prperty wner fr each awning r canpy. A building permit is then required fr installatin. An awning r canpy shall have a rigid framewrk capable f withstanding 130 mile per hur 3-secnd wind gusts with a nn-cmbustible cvering that meets fire prpagatin perfrmance f NFPA 701 r has a flame spread index nt greater than 25 when tested in accrdance with ASTM E84. C. Sidewalk Signage Permissible signage includes ne sandwich bard per business nt t exceed 3-feet by 5-feet n the sidewalk immediately in frnt f the business. See Sectin 4-050(O). The sign may be displayed during business hurs nly. The sign must als be remved during inclement weather and any time the city requests remval. The sign shall be lcated as clse as pssible t either the curb r the building s it des nt blck the required 4-ft minimum pedestrian path. Signage must nt be attached t a utility pst r a tree. N benches r café barricades with advertising are allwed. Signage must be included n the site plan depicting all ther sidewalk bjects. Cafés are encuraged t pst Fr Custmer Use Only ntices at seating areas if that is the plicy f the business. D. Vending Machines There shall be ne vending machine allwed where a business has at least 90-feet f building frntage and is lcated n a sidewalk that is at least 10-feet wide. A vending machine shall be cmplementary t the surrunding streetscape. A request fr a vending machine must be included n the site plan depicting all ther sidewalk elements. IV. USE AND OPERATION Page 5 f 6 1/09/2014

6 A. Sale transactins shall nt ccur n sidewalks. All sales must ccur in the building f the business. B. Outside cking is prhibited. C. Alchlic beverages may nt be stred r mixed within the sidewalk area. Equipment necessary fr the dispensing f any ther item shall be shwn as a sidewalk element n the prpsed site plan. D. Permit hlders are prhibited frm prviding amplified music, whether live r recrded. N speakers, micrphnes, televisins, r ther audi r vide devices shall be allwed. Special cnsideratin n a case by case basis may be given fr special events r hlidays. E. The business must prvide supervisin f the sidewalk area t ensure the prper cnduct f patrns and that the area is in cmpliance with these Plicies and Prcedures at all times. F. The areas within and surrunding a sidewalk café r merchandise display shall be kept clean and sanitary. The area shall be pliced rutinely t ensure immediate remval f all litter, fd, etc. Daily cleaning is required in rder t be welcming t pedestrians. The permit hlder shall nt wash garbage cans r any ther cntainer, r ther prperty f any nature, n the sidewalk. All cleaning must be perfrmed in accrdance with federal, state and lcal regulatins. V. ENFORCEMENT The Planning and Zning Manager and/r the City Marshal will investigate any cmplaint and will intermittently inspect sidewalk cafés and merchandise displays after permits have been issued. Any vilatin f the Plicies and Prcedures, r any deviatin frm the apprved site plan r any willful missin n the applicatin will result in revcatin f the permit and/r a citatin being issued. Each day a vilatin cntinues shall be deemed a separate and distinct ffense. A fine shall be in additin t any expenses incurred fr restratin r repair f the right-f-way, which shall be the respnsibility f the applicant. The issuance f a sidewalk café/merchandise display permit is a revcable license granted by the City f Tybee Island. VI. APPEAL A. Any persn aggrieved by any actin f the Planning and Zning Manager under this plicy may appeal the decisin t the City Manager by setting frth the facts and circumstances regarding the appealed actin. The City Manager shall ntify the applicant, in writing, f the time and place set frth fr a hearing n the appeal request. The right t appeal the actin f the Planning and Zning Manager shall terminate upn the expiratin f 15 business days fllwing the date written ntificatin was prvided by the Planning and Zning Manager. C. The hearing n the appeal request shall be held within 20 business days f the City Manager s receipt f the appeal request. D. The hearing shall be presided ver by the City Manager. A decisin regarding said appeal shall then be issued n later than 10 business days fllwing said hearing. The decisin f the City Manager shall be final. TRASH COLLECTION Rll-ut carts are prhibited n Tybrisa Street, frm Strand at the suth end f the 14 th Street Parking Lt (1510 Strand; Marine Science Center) t Izlar Avenue, and frm Butler Avenue at the nrth side f 17 th Street t 1511 Butler Avenue (Sunrise Restaurant). The areas listed abve shall be served by cmpactr units prvided by the City. The cmpactrs are lcated at 13 Atlantic Avenue behind 16 Tybrisa (Sea & Breeze Htel) and at 1604 Lvell Avenue behind 1603 Inlet Avenue (Chu s Cnvenience Mart #102). The wners and/r ccupants f all prperties served by cmpactr units shall pay a cmmercial waste cllectin fee and cmmercial waste dispsal fee fr cmpactr service at the rate per cubic yard specified n the fee schedule n file with the City Clerk. The fee fr cmpactr use riginated frm rll-ut cart usage prir t the installatin f cmpactr units. A business may chse t btain a private dumpster t be lcated whlly n private prperty instead f using a cmpactr unit. The dumpster must be prperly screened in accrdance with Sec (b)(2) f the Municipal Cde f the City f Tybee Island. At any time the City may expand the designated areas where rll-ut carts are prhibited. An amendment t require additinal businesses t participate will be based n the capacity f the cmpactrs and/r the additin f cmpactrs within the Suth End. City-prvided trash cans lcated n the sidewalks are fr use by pedestrians nly. Businesses must nt use the trash cans. Business trash is t be placed in a cmpactr, nt a city trash can. The fllwing materials shall nt be depsited in cmpactrs: appliances r ther heavy metal bjects; steel drums; furniture, bed springs and mattresses; tires; wden crates; cnstructin and demlitin debris; trees, limbs, leaves, and ther vegetatin; hazardus materials including paint and chemicals, and dead animals. Page 6 f 6 1/09/2014