The Department of Transportation shall review an Outdoor Dining Street Permit application for compliance with this article and applicable rules:
(a) The Commissioner shall solicit input from departments, including, but not limited to, the Department of Business Affairs and Consumer Protection, the Department of Police, the Department of Fire, the Office of Emergency Management and Communications, and the Mayor's Office for People with Disabilities and may consult with the Chicago Park District, and may also solicit input from stakeholders, including neighboring businesses, as to the factors the Commissioner considers in determining whether to grant the permit.
(b) If the Commissioner finds that the permit application is complete, the Commissioner shall provide the application to the alderman of the affected ward. The alderman shall provide a recommendation to the Commissioner regarding the application within 30 days of receiving it, unless, the Commissioner determines that good cause exists for a reasonable extension, not to exceed 30 days. The recommendation regarding the application shall be based upon the alderman's analysis of the requirements of this article and the rules promulgated in furtherance of the article. Such recommendation shall not be unreasonably withheld. The Commissioner shall issue the Outdoor Dining Street Permit to the applicant if the Commissioner finds that the applicant meets the applicable requirements and the alderman's recommendation is that the permit application should be approved. If the Commissioner finds that the applicant meets the applicable requirements, but the alderman recommends that the permit application should be denied, the applicant, with the assistance of the Department of Transportation, may submit for City Council consideration an applicant-sponsored ordinance granting approval of an Outdoor Dining Street Permit.
(c) Denial.
(1) If the Commissioner finds that the applicant fails to meet the requirements of this article or the rules promulgated hereunder, the Commissioner shall deny the application. The Commissioner shall notify the unsuccessful applicant in writing of the denial and the reasons therefor within 10 business days after the denial. An applicant for a permit that was found liable of violating Section 10-28-610(c) twice during the prior permit period shall be subject to denial of the permit for the permit period applied for.
(2) Upon denial by the Commissioner of a permit application made under this section, the Commissioner shall notify the applicant, in writing, of such fact and of the basis for the denial. If no appeal is filed within 10 calendar days of the date of notice of the Commissioner's decision, that decision shall be deemed final. Within 10 days after such notice is mailed, the applicant may make a written request to the Commissioner for a hearing on the disapproved application. Within 10 days after such written request for a hearing is made, a public hearing shall be authorized before a hearing officer appointed by the Commissioner of Business Affairs and Consumer Protection. Such public hearing shall be commenced within 30 days after such hearing is authorized. Within 14 days after completion of such hearing, the hearing officer shall report the hearing officer's findings to the Commissioner of Business Affairs and Consumer Protection. If the Commissioner of Business Affairs and Consumer Protection determines after such hearing that the application should be denied, the Commissioner of Business Affairs and Consumer Protection shall, within 60 days after such hearing has been concluded, state the reasons for the Commissioner's determination in a written finding and shall serve a copy of such written finding upon the applicant. The Commissioner's determination shall be final and may be appealed in the manner provided by law.
(Added Coun. J. 5-31-23, p. 427, Art. I, § 3)