The Zoning Officer shall be responsible for receiving and approving
applications for permits under this article and for administering
the requirements of this article.
Within the designated area of a cafe, the operator holding a permit under this article shall have the right to limit access and occupancy to only bona fide paying customers of that operator's restaurant or farmers market who are behaving in a lawful manner and shall have the same right to deny admission or service as the operator exercises on his own premises. However, no person shall be denied access or service to the cafe area on the basis of race, religion, national origin, sex, sexual orientation, age or disability or any other status protected by the Chapter
38 (Human Relations Commission) of the Code of the Borough of Lansdowne.
As a condition of a permit granted under this article, a permit
holder shall indemnify the Borough (including, without limitation,
its officers, officials and employees) and hold the Borough harmless
from and against all claims for damages or injuries of any kind whatsoever
arising out of the operator's occupancy of the public right-of-way
or other public area or the operation of the sidewalk or outdoor cafe.
The operator shall obtain and keep in force throughout the duration
of the permit public liability insurance with coverage in the amount
of at least $1,000,000 combined single limit. The Borough shall be
named an additional insured party with respect to such insurance.
Prior to issuance of a permit under this article, and on the commencement
date of each permit term thereafter, the permit holder shall be required
to provide a copy of an additional insured endorsement and declaration
page of an insurance policy satisfactory to the Zoning Officer demonstrating
that this insurance requirement has been met.