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a. The City Administrator, or designee, shall have the authority to establish <br />performance standards to implement the terms of this Resolution and all <br />operations allowed under this resolution shall comply with those performance <br />standards. <br />b. Any business that desires to take advantage of such opportunity must complete <br />and submit to the City Administrator, or designee, an application form provided <br />by the City of Elk River. <br />c. The City Administrator or designee shall have the authority to review and <br />approve or deny applications for a permit for any proposed temporary structure <br />or operation related to customer service, waiting or dining seating areas; or on - <br />site signage and storage; or other temporary outdoor use that is proposed to <br />occur outside of the business establishment in accordance with the established <br />performance standards. Approved permits will be submitted to the City Council <br />at their next regularly scheduled meeting for ratification. <br />d. If a permit is denied, the applicant may appeal the denial to the City Council by <br />submitting a written appeal at least three business days before the next regularly <br />scheduled Council meeting. <br />e. If an applicant proposes to use public right-of-way or public property for private <br />commercial activity, a separate application form shall be submitted requesting <br />such use. Approval of a permit allowing such use shall be as provided for other <br />permits and approvals authorized by this resolution and subject to a requirement <br />that the applicant provide evidence of liability insurance coverage, including <br />liquor liability coverage, if applicable, adequate to protect the city. <br />f. Other than the permits required by this resolution, and amendments to a liquor <br />license, no zoning, conditional use, or any other Elk River permit as otherwise <br />required under City Code shall be required for any temporary structure or <br />operation related to customer service, waiting or dining seating areas; or on -site <br />signage and storage; or other temporary outdoor use is proposed to occur <br />outside of the business establishment provided the City Administrator's, or <br />designees, performance standards are met. <br />g. Any temporary structure or operation related to customer service, waiting or <br />dining seating areas; or on -site signage and storage; or other temporary outdoor <br />use proposed to occur outside of the business establishment that is otherwise <br />prohibited by City Code may be permitted subject to approval of the City <br />Administrator or Council as set forth herein. <br />2. If liquor is to be dispensed or consumed on the proposed temporary outdoor dining <br />patio, the licensee must obtain a modification to the defined premises area in their <br />liquor licenses. Modifications to the defined premises area can be provisionally <br />approved by the City Administrator, or designee, as long as the modification <br />complies with state and local liquor laws. Provisionally approved modifications shall <br />NATURE <br />