Fillable Form 1.: Temporary Outdoor Dining (City of Hampton)

Fill Online, Printable, Fillable, Blank Form 1.: Temporary Outdoor Dining (City of Hampton) Form

Use Fill to complete blank online CITY OF HAMPTON (VA) pdf forms for free. Once completed you can sign your fillable form or send for signing. All forms are printable and downloadable.

Form 1.: Temporary Outdoor Dining (City of Hampton)

On average this form takes 10 minutes to complete

The Form 1.: Temporary Outdoor Dining (City of Hampton) form is 5 pages long and contains:

  • 2 signatures
  • 4 check-boxes
  • 32 other fields

Country of origin: US
File type: PDF

U.S.A. forms for City of Hampton

BROWSE CITY OF HAMPTON (VA) FORMS

Related forms
Fill has a huge library of thousands of forms all set up to be filled in easily and signed.
Fill in your chosen form
Sign the form using our drawing tool
Send to someone else to fill in and sign.
find another form
 
1
Temporary Outdoor Dining Application
Permit Application for
Temporary Outdoor Dining
Complete this application in its entirety and submit
to OutdoorDining@Hampton.gov. Review time is 2
days.
1.
PROPERTY INFORMATION
Address ________________________________________________ LRSN
2.
OPERATIONAL INFORMATION (please attach separate documents if necessary)
Requested hours of outdoor dining:
On site managers, names, and phone numbers: _______________
Will alcohol be served on site?___________
Please identify the number of staff, volunteers, and private security you have:
_______________________________________________________________________________________________________
3.
REQUIRED ATTACHMENTS
A plan with dimensions showing the layout and arrangement of the proposed outdoor seating area,
including its overall dimensions, aisle widths, access to the adjacent building and restrooms, the
locations of chairs, tables, umbrellas, barriers, outdoor heating devices, and all other appurtenances to
be located within the boundaries of the proposed outdoor seating area; if outdoor dining is located in
a designated parking area, please show the location of available parking and identify traffic control
measures. [EXHIBIT A]
Please attach a copy of the Capacity Certificate for the establishment. [EXHIBIT B] If a Capacity
Certificate does not exist or is not available, please call 311 to schedule an inspection to obtain a new
Capacity Certificate.
If requesting a location on City-owned property: A Certificate of Insurance showing that the City of
Hampton and its employees, volunteers, and agents have been added as additional insureds to
applicants Business Liability Insurance and, if applicable, Liquor Liability Insurance. The endorsement to
the policy showing that the City et al. has been added to the policy is also required. If the policy has
additional insured language required by contract, please attach that portion of the policy to the
Certificate of insurance. [EXHIBIT C]
If requesting a location on City-owned property: Please execute the Temporary Outdoor Dining Use
Agreement [EXHIBIT D]
4.
PROPERTY OWNER INFORMATION (an individual or a legal entity may be listed as owner)
Owner’s Name
Address City State Zip
Phone Email _
5.
APPLICANT INFORMATION (if different from owner)
Applicant’s Name
Address City State Zip
Phone Email __
OFFICE USE ONLY
Date Received
Application Number ZA -
Zoning Official Approval
Date Reviewed
2
Temporary Outdoor Dining Application
CERTIFICATION FOR PROPERTY OWNER
“I hereby submit that I am legally authorized to execute this application on behalf of the fee-simple owner
of this property. I have read this application and it is submitted with my full knowledge and consent. I
authorize city staff and representatives to have access to this property for inspection. The information
contained in this application is accurate and correct to the best of my knowledge.”
Name of Individual or Legal Entity
Signed by:
Name (printed) _ , It’s (title) _
Signature Date
CITY OF HAMPTON APPROVAL
City Manager/Designee Date
TERM OF PERMIT
This Temporary Outdoor Dining Permit is valid for a period not to exceed 90 days from full execution by the City,
unless extended in writing by the City; or 30 days from the date that the restrictions pertaining to restaurant
operations contained within Governor Northam’s Executive Orders, as amended, are lifted, whichever occurs
sooner.
TERMINATION
The City of Hampton reserves the right to terminate or temporarily suspend this Temporary Outdoor Dining Permit
at any time, for any reason, including but not limited to noncompliance with the terms and conditions of the
permit, or the use threatens the public health, safety, and welfare, such as storm events, crowds in excess of
permitted capacity, construction, and modifications to the Statewide Declaration of Public Health Emergency.
Referenced Materials:
Hampton Pedestrian Amenity Design Standards:
https://www.hampton.gov/DocumentCenter/View/8990/Pedestrian-Standards_2015-Oct-14-
action_pages?bidId=
Chapter 10 of the Zoning Ordinance:
https://library.municode.com/va/hampton/codes/zoning?nodeId=CH10SI
City of Hampton’s Outdoor Lighting Policy:
https://hampton.gov/DocumentCenter/View/3948/COH-Outdoor-Lighting-Policy---5-8-13---FINAL?bidId=
click to sign
signature
click to edit
3
Temporary Outdoor Dining Application
CONDITIONS OF TEMPORARY OUTDOOR DINING PERMIT
1. Temporary outdoor dining area:
a. Must be located directly adjacent to the establishment, or a location within 100’ of the
establishment;
b. Fencing/barriers must comply with Section 2-6 of the Hampton Pedestrian Amenity Design
Standards;
c. Emergency access to all adjacent structures must be maintained at all times;
d. Any modification to the approved plan [exhibit 1] must be submitted and approved;
e. The proposed dining operation and location will not significantly interfere with the pedestrian
traffic or otherwise constitute a health and safety risk;
f. The only permitted furniture within the temporary outdoor dining area are tables, chairs, and
properly anchored umbrellas, unless specifically approved by the city. Tents or other structures
requiring a separate permit are not permitted unless specifically approved by the City. All
furniture must comply with Section 2-7 of the Hampton Pedestrian Amenity Design Standards;
2. Must comply with all applicable Governor’s Executive Orders, as amended, including, but not limited
to:
a. Establishments must limit occupancy of both the establishment and the outdoor dining area to
50% of the lowest occupancy load on the certificate of occupancy.
b. No more than ten patrons may be seated as a party.
c. Tables at which dining parties are seated must be positioned six feet apart from other tables.
3. A copy of this permit must be kept on site at all times and a copy of the capacity certificate must be
on display at all times.
4. All signage must comply with Chapter 10 of the City of Hampton’s Zoning Ordinance.
5. Hours of operation shall be limited to one hour after sunrise to one hour before sunset, unless existing
lighting meets the City of Hampton’s Outdoor Lighting Policy, or specifically approved by the City.
6. No other uses are permitted within the Temporary Outdoor Dining Area; including, but not limited to,
live entertainment and retail sales.
7. No pets are permitted in Temporary Outdoor Dining Areas, except service animals.
8. No open flames, cooking or food prep is permitted in Temporary Outdoor Dining Areas
9. Businesses are responsible for property disposing of all trash in approved private refuse containers.
10. Revocation
a. Any encroachment onto City property granted by this permit shall be revocable at the pleasure
of the City.
b. The City Manager or their designee shall have the authority to revoke an approved Temporary
Outdoor Dining Permit if any of the following occurs:
i. The applicant has misrepresented facts or provided false information in the temporary
outdoor dining permit application;
ii. The outdoor seating area is operated in violation of the terms or conditions of the outdoor
seating permit, City of Hampton Pedestrian Amenity Design Standards, ABC regulations,
or the encroachment agreement;
iii. The outdoor seating area or the establishment is operated in violation of the zoning
ordinance, city code, or other applicable federal, state or local law;
iv. The outdoor seating area constitutes a public nuisance or a hazard to the public health,
safety, or welfare of the public, or is endangering the life or property of others;
v. The director of public works determines that there is a public need relative to the portion
of the sidewalk or street occupied by or otherwise affected by the outdoor seating,
including but not limited to work in the sidewalk area.
Signature of Applicant
_______________________________________________________ Date ____________________
click to sign
signature
click to edit
4
Temporary Outdoor Dining Application
Addendum for temporary outdoor dining on City Rights of Way and City Property.
Business Address: _________________________
Business Name: _________________________
TEMPORARY OUTDOOR SEATING USE AGREEMENT
THIS TEMPORARY OUTDOOR SEATING USE AGREEMENT (the "Agreement"), is made as of the date
it is signed by the Hampton City Manager or her designee (the “Effective Date”), by and between the
CITY OF HAMPTON, VIRGINIA, a municipal corporation of the Commonwealth of Virginia (the “City”)
and _________________________________ (the “Business”) (collectively, the “Parties”).
WHEREAS, the City is the owner of the public property or right-of-way, including any adjacent sidewalks
and green areas (the “Property”), as shown on EXHIBIT A – LICENSED AREA attached hereto;
WHEREAS, due to the COVID-19 pandemic, indoor dining service for Business has been prohibited or
limited by Executive Orders of Governor Northam; and
WHEREAS, the Parties desire to allow the Business to enter upon the Property for the purpose of outdoor
seating and dining in conjunction with the Business during the Term, as defined herein.
NOW, THEREFORE, that for and in consideration of the mutual promises contained herein and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the Parties agree as follows:
1. Grant of Right of Entry. The City hereby grants a temporary Right of Entry to the Business over the
Property, subject to the terms and conditions of this Agreement (the “Right of Entry”). No assignment
of the Right of Entry shall be permitted without written consent of the City.
2. Use of the Property. Business shall use the Property solely to provide table seating for dining and/
or beverage consumption in accordance with all applicable terms and conditions of the attached
TEMPORARY OUTDOOR DINING PERMIT. The City and the City’s authorized representatives may, at any
time, enter upon the Property for the purpose of making inspections and verifying compliance with all
applicable federal, state, and local law.
3. Term of the Agreement & Suspension/Revocation. This Agreement is valid for a period not to
exceed 90 days from full execution by the City, unless extended in writing by the City; or 30 days from
the date that the restrictions pertaining to restaurant operations contained within Governor Northam’s
Executive Orders, as amended, are lifted, whichever occurs sooner (the “Term”).
4. Condition of the Property. Upon the end of the Term, the Business shall withdraw its agents and
invitees from the Property and cease any further temporary use of the Property. The Business shall
restore the Property to substantially the same condition as it was prior to entry, free of trash, material,
equipment, and debris.
5. Liability, Indemnity, and Claims. Business assumes the entire responsibility for any and all
damages to persons or property arising out its use of the Property of this Agreement. Business shall
indemnify, hold harmless and defend the City, its agents, officers and employees, from and against all
claims in connection with this Agreement.
6. Applicable Law. This Agreement shall be deemed to be a Virginia contract and shall be
governed by the laws of the Commonwealth of Virginia. All suits for any claims or for any breach or
dispute arising out of this Agreement may be brought in the appropriate court of competent jurisdiction
in a state or federal court of competent jurisdiction located in the City of Hampton, Virginia or the
United States District Court for the Eastern District of Virginia, Newport News Division.
7. Insurance. Business shall maintain insurance in such amounts and such coverages as may be
required by the City of Hampton’s Risk Manager, naming the City of Hampton as an additional insured
5
Temporary Outdoor Dining Application
in a form satisfactory to the risk manager.
8. Termination of Agreement. The City of Hampton reserves the right to terminate or temporarily
suspend this Temporary Outdoor Dining Permit at any time, for any reason, including but not limited to
noncompliance with the terms and conditions of the permit, or the use threatens the public health,
safety, and welfare, such as storm events, crowds in excess of permitted capacity, construction, and
modifications to the Statewide Declaration of Public Health Emergency.
9. Business agrees that Hampton Police Division (“HPD”) officers will retain the authority to enforce
criminal violations, including trespass at the Property. Any persons who are not permitted upon this
Property for legitimate purposes or business patronage, and/or are violating any law, including any
executive order, are trespassing. Business authorizes any officer of the HPD to ask any such person to
leave the property and ban them from further admittance. Business agrees to support prosecution of
any trespassers and will appear in court to testify if necessary.
10. Use of the term “City” in this Agreement shall be interpreted to include the City, its agents,
officers, employees, and invitees.
11. This Agreement shall not be amended, changed, modified, waived or discharged in whole or in
part except by written agreement of the Parties.
WITNESS the following signatures and seals:
BUSINESS:
By: ___________________________________
Its: ___________________________
CITY OF HAMPTON:
By: ________________________________________
City Manager / Authorized Designee
Date: _______________________________________
Download
Save PDF to desktop
Email
Email completed PDF
Send for Signing
Email for others to sign
Print
Print document
Choose a Field
Click on a field and
select the person that should complete it
Want to add a signature?
You can add a signature field
and assign it to someone else
to sign
Choose a Field
Click on a field and
select the person that should complete it

Form 1.: Temporary Outdoor Dining (City of Hampton)

This document is locked as it has been sent for signing.

You have successfully completed this document.

Other parties need to complete fields in the document. You will recieve an email notification when the document has been completed by all parties.

This document has been signed by all parties.

Completed 3 August 2020

Message

View Audit Log
Print With Audit Log
Duplicate Document