§ 24-244. Same—Revocation and suspension.  


Latest version.
  • (a)

    Generally. Operation of a sidewalk cafe is a licensed privilege granted by the City to occupy a portion of the public sidewalk area and is predicated on the sidewalk cafe being operated in compliance with all applicable regulations and on maintaining the superseding public interest in use of sidewalks in the City. An approved sidewalk cafe permit may be revoked or suspended as provided in this section.

    (b)

    Revocation of approved permit.

    (1)

    The Director of Public Works shall have the authority to revoke, which revocation shall not be appealable, an approved sidewalk cafe permit if it is determined that any of the following have occurred:

    a.

    The applicant has misrepresented or provided false information in the permit application.

    b.

    The sidewalk cafe permit has been suspended more than two times in a 12-month period on grounds of noncompliance pursuant to Subsection (b)(1)a of this section.

    c.

    The sidewalk cafe has been operated in such manner as to create a public nuisance or to constitute a hazard to the public health, safety or welfare.

    d.

    Any health regulation, ABC regulation or law or regulation regarding the possession, sale or consumption of controlled substances has been violated in conjunction with the operation of the sidewalk cafe.

    e.

    Any City fees or taxes required by law relative to the sidewalk cafe, the food or beverage service establishment with which it is associated or the property on which the establishment is located are delinquent or required City licenses have not been maintained.

    f.

    It has been determined that there is a superseding public need relative to the portion of the sidewalk occupied by or otherwise affected by the sidewalk cafe.

    (2)

    Before revocation of a sidewalk cafe permit, the Director of Public Works shall provide written notice to the operator of the sidewalk cafe setting forth the effective date of the revocation and the grounds therefore.

    (3)

    In the case of revocation of a sidewalk cafe permit on grounds other than specified in Subsection (b)(1)f of this section, the operator of the sidewalk cafe shall not be permitted to re-apply for a permit to operate a sidewalk cafe adjacent to the same food or beverage service establishment.

    (c)

    Suspension of approved permit.

    (1)

    The Director of Public Works shall have the authority to suspend, which suspension shall not be appealable, an approved sidewalk cafe permit for a period of up to 30 days, or such longer period as may be necessary in the case of work in the sidewalk area or other portion of the street, if it is determined that any of the following have occurred:

    a.

    The sidewalk cafe or the operation thereof is not in compliance with the approved permit, applicable design guidelines or any of the sidewalk cafe standards set forth in this division.

    b.

    It has been determined that there is a superseding public need relative to the portion of the sidewalk occupied by or otherwise affected by the sidewalk cafe.

    (2)

    Before suspension of a sidewalk cafe permit, the Director of Public Works shall provide written notice to the operator setting forth the effective date of the suspension, the length of the suspension and the grounds therefore.

    (3)

    The Director of Public Works may reinstate a sidewalk cafe permit when the Director is satisfied that the grounds for the suspension have been remedied.

    (Code 2004, § 90-275; Ord. No. 2012-189-189, § 1, 11-12-2012)

(Code 2004, § 90-275; Ord. No. 2012-189-189, § 1, 11-12-2012)