Elliott Brack's Perspective

BRACK: Here is Norcross parklet policy adopted by the city

by Elliott Brack
Jones Street parklets

By Elliott Brack
Publisher, GwinnettForum

Editor’s Note: Today we present in its entirety the policy adopted by the City of Norcross for licensing of parklets for outdoor dining on Jones Street.—eeb

CAFÉ SEATING AND RIGHT OF WAY RESTAURANT/RETAIL OPERATIONS LICENSE POLICY

The following provides the City of Norcross policy for approval of café seating and right of way restaurant/retail operations within the City of Norcross. The policy shall govern all commercial uses of City of Norcross right of way, whether for dining or for retail uses. The policy is drafted and approved in accordance with Norcross Code of Ethics Ordinances § 32-20.  

Procedure. The Director of the Finance Department shall receive and approve all licenses for the use of City right of way. The Finance Department Director shall create a form for submission of a license applications. Fees for the submission of a new license shall be $50.00 (the “License Fee”). All licenses will be valid for one-year and will be automatically renewable with the payment of a $50.00 renewal fee.  

License Applications shall be reviewed for completeness within two business days and approved or denied within fourteen (14) calendar days from submission, unless additional documentation or information is necessary and a request has been timely submitted to the applicant. 

Standard of Review. The Finance Department Director shall approve all applications that have provided the required documentation and consents (as provided in Section 3, infra) and that adequately demonstrate that the Applicant’s use of the right of way will provide adequate paths for pedestrians utilizing the right of way (providing, at a minimum Americans with Disability Act accessible paths). The Finance Department Director may condition the license Application so as to protect the public health, safety, and welfare. 

Requirements. All license applications shall contain the following: 

    1. Narrative of Proposed Use. The Applicant shall generally describe their intended use of the right-of-way, including but not limited to the nature and amount of equipment (tables, displays, umbrellas, etc.) that will be placed in the right of way, the hours of the during which the right of way will be used, the number of patrons that will be seated in the right of way, whether alcohol will be served, the process for securing the equipment and right of way at the end of the night. Additional information may be requested by the Finance Department Director so as to fully evaluate the application and license request.  
    2. Submission of License Fee. The Applicant will submit with the license application the License Fee.
    3. Site Plan. The Applicant shall submit a reasonably accurate, scaled drawing showing the business storefront, adjacent businesses, the full area of the sidewalk, street, and/or parking area being proposed for use. Aerial photography available from County Geographic Information Systems (GIS), may be acceptable unless the Finance Department Director determines that additional detail is necessary to fully review the application. The Site Plan shall also generally describe the table and seating layout, the location of proposed heaters, umbrellas, barriers, etc. All paths of pedestrian traffic shall be detailed with the width of proposed pedestrian paths. 
    4. Proof of General Liability Insurance. Applicants shall provide proof of general liability insurance in an amount not less than one-million dollars ($1,000,000.00) at the time of submission. The City of Norcross shall be named as an additional insured on the policy and certificate of insurance.
    5. Agreement and Consent to the Terms and Conditions of License. The Applicant must consent and agree to be bound by the terms and conditions as included in “Appendix A” of this Policy.
    6. Provide a 24-Hour Contact. Applicants shall provide a 24-hour contact with whom the City’s staff may contact in the event of an emergency.

Appeal. The appeal of any decision regarding a license application shall be heard in accordance with Norcross Code of Ethics Ordinances § 32-20.

Revocation or Suspension. A right of way license may be revoked or suspended in accordance with Norcross Code of Ethics Ordinances § 32-20.

Additional editor’s note: In talking to employees of the three restaurants involved on Wednesday, all three were skeptical of the parklets and café seating. However, the bullying tactics of the city indicates that all three could sign leases for these parklets.—eeb.

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