The fee for such license shall be the cost of two inspections per §
173-15.
There shall be no inspection fee assessed for
the initial two inspections during any license year. After the initial
two inspections, the following fee schedule shall be applicable:
A. Sixty dollars for each establishment with a floor
area of 100 square feet or less.
B. One hundred dollars for each establishment with 101
square feet to 2,500 square feet.
C. Four hundred dollars for each establishment with a
floor area of 2,501 square feet to 5,000 square feet.
D. Eight hundred dollars for each establishment with
a floor area of 5,001 square feet to 8,500 square feet.
E. One thousand five hundred dollars for each establishment
with a floor area of 8,501 square feet or over.
[Added 5-6-2002 by Ord. No. 955]
Any food establishment intending to provide
seasonal outdoor cafe dining table service only is required to apply
for a permit. An application must be filed with the Borough to secure
a permit. A fee of $75 must be paid with the filing of the application.
Such fee can be amended in the future by resolution of Borough Council.
Such application shall be made upon forms provided by the Borough
and shall include the following:
A. Name and address of applicant.
B. Width of existing public right-of-way sidewalk intended
to be used immediately adjacent to property.
C. Proof of proper licenses for food establishment.
D. Dimensions of the area of sidewalk in which outdoor
cafe dining is proposed.
E. Diagram to scale of actual intended equipment, tables
and chairs for space on sidewalk and proposed occupant load.
F. The written consent of the property owner.
G. Certificate of insurance demonstrating coverage for
intended sidewalk use.
H. Indoor seating capacity of food establishment.
I. No action shall be taken on any application for a
permit under this subsection until the application has been completed
in its entirety and the application fee, as required by a schedule
of fees established and amended from time to time by resolution of
Borough Council, has been paid in full. The schedule of fees shall
be kept on file at the Borough Hall. There shall be no prorating of
fees under this subsection.
J. The applicant shall well and truly save, indemnify,
defend and keep harmless the Borough of Media, its officers, employees
and agents from and against any and all actions, suits, demands, payments,
costs and charges for and by reason of the existence of the restaurant-cafe
and all damages to persons or property resulting from or in any manner
caused by the presence, location, use, operation, installation, maintenance,
replacement or removal of such restaurant-cafe or by the acts or omissions
of the employees or agents of the applicant in connection with such
restaurant-cafe.
K. The applicant shall stop serving customers on or before
11:00 p.m., prevailing time, and clear all tables of food, beverages
and customers on or before 12:00 midnight, prevailing time.
L. The applicant shall maintain the restaurant-cafe in
accordance with all Borough ordinances and state and federal laws,
as well as rules and regulations promulgated and adopted by the Borough
which pertain to this use of restaurant-cafes.
M. The applicant shall remove the outdoor portion of
the restaurant-cafe within 30 days after written notice if the Borough
or the Code Enforcement Officer determines that the restaurant-cafe
is detrimental to the health, safety and general welfare of the Borough
or its citizens.
(1)
Due to pedestrian traffic changes, the restaurant-cafe
narrows the sidewalk to the extent that pedestrian traffic is impeded;
(2)
The restaurant-cafe interferes with the maintenance
or installation of an underground utility structure;
(3)
The restaurant-cafe is no longer being used
as such;
(4)
The restaurant-cafe has been temporarily or
permanently closed for violation of any Borough, state or federal
law and/or regulation; or
(5)
The restaurant-cafe is operated in violation
of any ordinance, rule or regulation of the Borough of Media.
N. In the event that the applicant fails to remove the
restaurant-cafe within 30 days after written notice, the Borough may
proceed to remove and restore the area and charge the applicant for
the cost thereof. Should the restaurant-cafe be removed by the Borough,
the applicant shall be entitled to a return of the equipment, furnishings
or appurtenances so removed only after the payment of all costs due
to the Borough and by requesting the return in writing. The responsibility
for removal under the provisions of this subsection shall be the sole
responsibility of the applicant without any obligation or cost assessed
against the Borough.
O. The Borough may, from time to time, promulgate whatever
rules or regulations it deems necessary or desirable to effectuate
the purposes of this subsection, and the same shall be approved by
the Borough Council.