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anyother items is subject to reviewduring the sidewalkdining area permit process. The establishment
must provide supervisionof the sidewalkdining area at all times.
(N)
Insurance: Each applicant shallmaintain the insurance coverage required during the permit period. The
insurance coverage shall be equal to or better than, the requirement for any liquor license as set forth in
MomenceCode, 3-2-6, Application for License, SubsectionN, and shall include all provisions designated
in this subsection. The insurance coverage is to be filedwith theCityCollector, and presented to the
liquor control commissioner, or his/her designee, prior to the issuance of a permit. Failure of the applicant
tomaintain any required insurance shall subject the permit to suspensionor revocation. The policyof
insurance shall provide for thirty (30) days’ prior notice to theCity if coverage is substantially changed,
cancelled, or not renewed. TheCity shall be named as an additional insured on a primary, noncontributory
basis for any liability arisingdirectlyor indirectly from the operationof a sidewalkdining area. Each
permit holder shall indemnify, defend, and hold theCityharmless from any loss that results directlyor
indirectly from the permit issuance or operationof the sidewalkdining area.
(O)
Liability: The use of the sidewalkdining area by applicant shall be subject to, and conditioned upon the
applicantmaintaining liability insurance as provided above. Permission to establish andmaintain the
sidewalkdining area shall not be construed to relieve the establishment of liability for anynegligence on
the establishment’s part on account of, or in connectionwith the sidewalkdining area. By acceptance of
the authorization granted by the permit to establish andmaintain a sidewalk dining area and by
establishing andmaintaining the sidewalkdining area, the applicant shall be deemed to have promised and
agreed to save harmless theCityofMomence, Illinois, from any and all liability (including attorney’s
fees) and litigation fees arisingby reasonof the formation, construction, placement, existence, use, or
maintenance of the sidewalkdining area.
(P)
Immunity: The authorization granted by a permit approved under thisChapter of theMomenceCityCode
to establish andmaintain a sidewalkdining area is not intended to constitute, and shall not be deemed to
be awaiver of sovereign immunitybyor onbehalf of theCityofMomence, Illinois, or anyof its officers
or employees.
(Q)
Upkeep of sidewalk: Neither theCityofMomence, Illinois, nor anypublic utility company shall be
responsible for damage to propertyof applicant placed in the sidewalkdining area during repair,
maintenance, or replacement of the sidewalk, or during repair,maintenance, or replacement of a right-of-
way, or anypublic facility, or utilities in the area of the sidewalkdining area. Applicant shall, upon
reasonable verbal, orwritten notification from theCityofMomence, Illinois, remove any and all property
of applicant designated by theCityofMomence, Illinois, whenever theCityofMomence, Illinois, desires
to use the subject sidewalk for anypurposewhatsoever. If applicant shall fail or neglect to remove the
propertyof applicant within the time specified, theCityofMomence, Illinois, shall have the right to
remove the property at the expense of the applicant and theCityofMomence, Illinois, shall not be liable
to the applicant for any loss or damage to propertyof applicant, includingbut not limited to anyproperty
within the sidewalkdining area, caused by the removal.
(R)
Revocationof Permit: The Permit issued hereinmaybe immediately suspended or revoked for cause,
includingviolations of anyprovisionof this chapter. The permit hereinmay also be permanently revoked
upon thirty (30) days prior notice to applicant if, andwhen, theCityofMomence, Illinois, requires use of
its public right-of-way for any purpose inconsistent with the present use of the right-of-way, and said
sidewalkdining.
(S)
Penalty: Any applicant or anyperson found guiltyof violating anyof the provisions of this chapter shall
be fined not less thanone hundred dollars ($100.00), normore than two hundred dollars ($200.00) for
eachviolationof this chapter; and a separate offense shall be deemed to be committed on eachdate in
which a violationoccurs or continues.
(T)
Appeal: In addition to anypenalty imposed for violationof this chapter, the liquor control commissioner
may suspend, or revoke anypermit for any violationof this chapter after affording the applicant due
notice and opportunity to be heard in its owndefense.
