A. Requirements for all sidewalk permit areas:
1. Each permit issued shall terminate December 31st of the year in which it is issued, or earlier as specified on the face of the permit. Requests for renewals shall be filed with the Public Works Department prior to the expiration of the original permit. Renewals filed prior to expiration require a deposit of only six (6) months rental rate, unless the applicant has previously been in arrears in which case the deposit shall be the full annual rental rate. The Public Works Director may approve, approve with additional conditions, or deny the request for renewal. Unless fees are waived for the type of request, no application shall be accepted for renewal without a renewal application fee, as specified on the City Council Fee resolution.
2. The permit issued shall be personal to the Permittee only and is not transferable in any manner.
3. The permit may be temporarily suspended by the Public Works Director in the event of an emergency as provided in AMC 2.62 or upon approximately forty-eight hours advance notice if the public interest requires use of the right-of-way or sidewalk permit area for a public event, construction, repair, or any other purpose. The City will attempt to provide notice of said suspension as soon as practical. The City shall not be responsible for any loss or damage claimed by the Permittee for such closure, except that Permittee shall be entitled to a refund of the rental rate based on a pro rated calculation of rates based on days of closure.
4. The permit is specifically limited to the area approved or as modified by the Public Works Director, and will include a diagram indicating the area approved and the location of the materials permitted to be in the right-of-way.
5. Only those things authorized by the permit and shown on the diagram may be placed in the sidewalk permit area. Should the Permittee not utilize the sidewalk permit area as authorized for a period of seventy-two (72) hours or more, all the materials shall be removed.
6. All required federal, state, and local permits and authorizations for the proposed use, [e.g. food service OLCC] shall be obtained and complied with prior to the occupancy, including specifically any access modifications or parking improvements required to be completed prior to the commencement of the occupancy.
7. Issuance of this permit does not authorize violation of any federal, state or local law, including City sign regulations.
8. Smoking shall not be allowed in any sidewalk permit area.
9. Sidewalk permit areas must be supervised by Permittee or its employees, except for functional items or items subject to temporary regulations. [but see special regulations]
10. The permit authorizing use of the sidewalk permit area must be visibly displayed during occupancy of the permit area.
11. The City of Ashland has the right to repeal or amend this Chapter and thereby terminate or modify all private sidewalk usage or operations. No Permittee shall obtain any property right in the continued private use of the public sidewalk. (Ord. 2990, added, 11/01/2009)