A BILL TO BE ENTITLED AN ACT TO PERMIT THE TOWNS OF APEX AND CARY AND THE CITY OF RALEIGH TO ENACT SIDEWALK DINING ORDINANCES FOR USE OF STATE-OWNED RIGHT-OF-WAY.
Senate committee substitute makes the following changes to the 1st edition.
Recodifies GS 136-27.3, enacted in this act, as GS 136-27.4. Makes conforming changes accordingly. Amends new GS 136-27.4 to replace the term "sidewalk dining" with the term "sidewalk dining activities," the latter of which is defined in this section. Clarifies that the restaurant operator is to provide evidence of adequate liability insurancein an amount that is not less than the amount specified by the local government under GS 160A-485 as the limit of the local government's waiver of immunity or the amount of tort claim liability specified in GS 143-299.2, whichever is greater. Provides that a local government may impose additional requirements on sidewalk dining activities on a case-by-case basis (was, local government and the Department of Transportation). Adds provisionthat sidewalk dining activities must atminimum comply with any other requirements deemed necessary by the Department of Transportation either for a local government or a particular component of the state highway system.Clarifies that nothing in this section requires a local government to issue or maintain any permit for sidewalk dining activities or the Department to give a local government the right to establish a permit program for sidewalk dining activities ifin the local government'sor the Department's opinionthe activities cannot be conducted in a safe manner.
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