§ 78-348. Revocation or suspension; emergencies.

(a)

The approval of a sidewalk cafe permit is conditional at all times. A sidewalk cafe permit may be revoked or suspended if it is found that:

(1)

Any necessary business or health permit or license has been suspended, revoked or canceled.

(2)

The permittee does not have insurance which is correct and effective in the minimum amounts described in section 78-346.

(3)

The permittee exceeds the approved square footage by placing any additional tables, chairs, etc., beyond the approved area.

(4)

The permittee has failed to correct violations of this article or conditions of this permit within 72 hours of receipt of the mayor's notice of such violations delivered in writing to the permittee.

(b)

If the permittee fails to remove any tables, chairs, and other objects related to the sidewalk cafe within 72 hours of receipt of the mayor's final notice of revocation or suspension, the mayor shall have the right to order the immediate removal of such objects.

(c)

If the mayor believes that a permittee has engaged, or is engaged, in conduct warranting the suspension or revocation of the permit, where an emergency does not exist, the mayor shall cause the permittee to be served by certified mail or hand delivery, as permitted by state statute, at the permittee's business address as disclosed in the application for the permit, a written administrative complaint which affords reasonable notice of facts or conduct which warrants the intended action. The complaint shall state what is required to eliminate the violation, if any. The permittee shall be given adequate opportunity to request a prior administrative hearing before a special magistrate appointed as provided in this Code, unless the mayor finds that an emergency condition exists involving serious danger to public health, safety, or welfare, in which case advance notice and hearing shall not be required. In the case of an emergency suspension or revocation, the permittee shall immediately be advised of the mayor's action and afforded a prompt post-suspension or revocation hearing in accordance with the procedures set forth in this Code.

(Code 1979, § 26-342; Ord. No. 4505-14, § 1, 2-3-2014)