Applicant Information and Description of Use
Business Information
| Business Name ("Permittee") |
The Counter (Ocean Park Burger LLC)
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| Name of Contact Person |
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| Mailing Address |
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| Business Address |
2901 Ocean Park Blvd, Santa Monica CA 90405-2919
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| Business Phone |
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| Business E-mail |
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| Do you agree to receive notices from the City relating to your temporary authorized use of public space via e-mail? |
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| City of Santa Monica Business License Number |
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| How will the public space be used? |
Dining
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Dining Use
| Are you serving alcohol in the public space? |
Yes
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| Number of Tables Outside |
7
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| Number of Chairs Outside |
26
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Location Details
| Location on Public Property Where the Use is Occurring (You must select at least 1 location) |
Sidewalk
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Information on Location of Outdoor Use
For Use of Sidewalks, Pier Deck, or Business Use of Third Street Promenade Sidewalks
| Length of Sidewalk (In Feet) To Be Used In Front of Your Storefront (in feet) |
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| Depth of Sidewalk Space (In Feet) To Be Used (note #2 above requiring 5' of clear access) |
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| Will you be using the sidewalk in front of a neighboring storefront? |
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Use of Neighboring Storefront Sidewalk
| Address(es) of Neighboring Storefront(s) |
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| Linear Feet of Sidewalk In Front of Neighboring Storefront(s) |
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| Upload written consent (e.g. e-mail or letter) from neighboring property owner or tenant |
Starbucks Approval .pdf
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Activity Checklist for Temporary Use of Public Spaces
Administrative Requirements
| Have you read and implemented the LA County Public Health protocols specific to your business sector re-opening? |
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| Do you agree to comply with all applicable laws and regulations, including, but not limited to, the Americans with Disabilities Act (ADA)? |
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| Do you acknowledge that the City may assess monthly fees for use of public space no earlier than November 1, 2020 and only after the City has provided notice? |
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| Do you acknowledge the City’s right to periodically inspect the sidewalk, Third Street Promenade dining area, and Pier used for outdoor business activities at any time and without notice? |
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| Do you acknowledge that the City or you, may at any time, without cause, terminate the temporary outdoor encroachment agreement on 30 days' prior written notice? |
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Program Eligibility
| Do you operate a legally established Santa Monica business? |
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Pedestrian Access
| Will the proposed use of public space provide at least 5 feet of continuous unobstructed pedestrian access? |
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Alcohol Service (Bars and Restaurants Only)
| Do you have a City permit to sell alcohol (Alcohol Exemption or Conditional Use Permit) or have grandparented rights to serve alcohol? |
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| Do you have an ABC license for your existing restaurant or bar? |
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| Do you have a Temporary Catering Authorization from ABC (or do you agree to obtain such ABC approval prior to operating) for the expanded public space dining area including any temporary barriers that may be required by ABC? |
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| Will the hours of the outdoor dining area match those of your existing restaurant? |
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| Will the hours of alcohol service in the outdoor dining area comply with your City permit for alcohol service? |
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Temporary Outdoor Furnishings
| Do your umbrellas or decorative lighting provide at least a 7 foot height clearance for pedestrian passage? |
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| Do you agree to remove all temporary furnishings (e.g. bookcases, floor coverings, exercise equipment, planter boxes, garment racks, merchandise displays, umbrellas, and any other temporary decor except for tables, chairs, and propane heaters) including all signs, each day upon close of the outdoor business activity? |
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| Lighting may be temporarily affixed to the building. If you are proposing such lighting, does it meet California Electrical Code standards and have you obtained a permit for such work? |
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| Do you agree that if you use decorative lighting plugged into a legal outlet that such lighting is strung overhead maintaining a minimum 7 foot height clearance for sidewalk or pedestrian passage, and that the electrical cord is not placed on the sidewalk, unless such electrical/extension cord is covered with a flat and bright extension cord cover that is ADA accessible? |
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| If you are using outdoor propane heaters, do you have an annual permit from the Santa Monica Fire Department (or do you agree to obtain such annual permit from the Santa Monica Fire Department prior to use of the heaters)? |
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| If you are proposing to use a canopy, will it be open on all sides, be sufficiently secured to meet wind load requirements, will not exceed 700 square feet, and will not be utilized in close proximity to a propane heater (e.g. no propane heaters placed under a canopy)? |
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Signage
| Will the signage in the public area be a single, non-permanent sign with the business or restaurant’s name and, if applicable, menu? |
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Fire Exiting Required
| Do your proposed furnishings, signs, and temporary barriers keep clear of any legal exit from the building and a minimum 44-inch wide exit path from the legal exit to the public right of way? |
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Dining Operations (Restaurants Only)
| Do you confirm that the sidewalk, parking lane, or parklet dining area will only be used for sit-down food and beverage service (i.e., no stand-up service)? |
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| Do you agree to keep the sidewalk, parking lane, or parklet dining area clear of litter, food, and drink spills and clean (sweep and mop) it at the end of each day? |
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| Do you confirm that the combined number of tables and chairs in both indoor and outdoor dining areas not exceed the maximum occupancy of the restaurant pre-COVID? |
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| If you are storing tables and chairs in your outdoor public space, are the tables and chairs secured next to your storefront and provide at least 5 feet of unobstructed access? |
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Other Business Maintenance and Activity
| Do you agree to keep the sidewalk, parking lane, or parklet dining area clear of litter, food, and drink spills and clean (sweep and mop) it at the end of each day? |
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| Do you confirm that all merchandise or services displayed on the sidewalk, parking lane,or parklet is of the same type as you sell indoors? |
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Noise
| Do you agree that your business activity on public space will not have any amplified noise (e.g. music, speech) and will only generate noise typical to outdoor business activity? |
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Hours of Operation
| Will the hours of the business activity match those of your existing business? |
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Temporary COVID-19 Outdoor Encroachment Agreement
Affirm that you Agree to the Temporary COVID-19 Outdoor Encroachment Agreement
| Please indicate below whether you acknowledge, understand, and agree to the terms of the Temporary COVID-19 Outdoor Encroachment Agreement |
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Insurance Documents
Upload Insurance Documents
| Upload a certificate(s) showing your current insurance policies for General Liability, Workers' Compensation with the City of Santa Monica as the certificate holder with 1685 Main Street, Santa Monica, CA 90401 as the address. |
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| Earliest Expiration Date |
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| Upload Separate Additional Insured Endorsement for General Liability |
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| Upload Separate Waiver of Subrogation for Workers' Compensation |
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Upload Liquor Liability Certificate
| Upload a copy of your Liquor Liability Certificate |
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| Expiration date of your Liquor Liability Certificate |
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