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(a) A permit required by this article shall be issued for no greater than 12 months at a time and shall expire on a day determined by the planning and development department director after consulting with the downtown commission and other applicable stakeholders. Permit holders may apply annually for a new permit by following application procedures and by paying the fee required under the city's fees and charges manual.
(b) Permit holders shall pay the applicable fee required for a permit and/or encroachment agreement under the city's fees and charges manual. The permits and fees required in this article are in addition to the annual privilege license required under this Code. No permit under this article shall be issued until the privilege license required under this Code has been issued to the applicant.
(c) Permits are not transferable or assignable.
(d) The permit must be conspicuously displayed by the permit holder while engaged in the activities allowed under the permit.
(e) The city shall designate locations where pushcarts, outdoor dining areas, and outdoor merchandise areas are permitted. No permit holder shall occupy more than 50 percent of the spaces designated by the city for any single category of the following: (i) pushcarts; (ii) outdoor dining areas, or (iii) outdoor merchandise areas. Permits for the designated areas shall be issued following a process established by the planning and development department director after consulting with the downtown commission and other applicable stakeholders.
(f) The city manager or her/his designee shall formulate any additional rules and regulations necessary for the proper administration of this ordinance.
(g) Permit holders are subject to relocation when their designated space is deemed to cause a hazard to public safety, sight distance, or vehicular congestion or other concerns by the city manager or her/his designee.
(Ord. No. 3024, 5-27-03; Ord. No. 4052, §§ 1f, g, 1-24-12)
Any applicant denied a permit under this article shall receive a statement, in writing, outlining the reasons for denial of the permit. The applicant may appeal the denial of the permit to the city manager within 15 working days after the date of the written denial. The determination of the city manager shall be final.
(Ord. No. 3024, 5-27-03)
(a) The city manager or her/his designee may suspend or revoke any permit issued pursuant to this article upon the occurrence of any or all of the following events in which the permit holder has:
(1) Provided false information or fraudulently misrepresented information in the permit application.
(2) Violated this article, any local, state, federal law or any regulations of the county health department or other applicable regulatory agency.
(3) Failed to comply with the requirements of this article or the terms of the permit issued or encroachment agreement entered into pursuant to this article.
(4) Operated under the permit in such a manner as to create a public nuisance or to constitute any hazard to the public health, safety or welfare or to damage or destroy public property.
(5) Failed to post conspicuously the permit at all times at the location where the activity is permitted.
(6) Failed or ceased to conduct the activities allowed in the permit for a period of seven consecutive days during the time period of April through October of any year.
(7) Failed to secure and maintain any other licenses or permits required by local, state or federal laws or regulations.
(b) Before the permit is suspended or revoked, the city manager or her/his designee shall notify the permit holder of the intent to suspend or revoke the permit and the reasons therefor, shall provide the permit holder a reasonable time period within which to comply with the requirements of this article or the permit, and shall afford the permit holder a reasonable opportunity to appear and be heard on the question of such suspension or revocation. In the event that the permit holder has not satisfactorily complied with the requirements of this article or the permit within the set time period, the city manager or her/his designee may then suspend or revoke the permit.
(Ord. No. 3024, 5-27-03; Ord. No. 4052, § 1h, 1-24-12)
It shall be unlawful for any person to violate any of the requirements of this article or of the permit issued under this article.
(a) Unless otherwise specified within this chapter, any person who is found to have violated any of the requirements of this article or a permit issued under this article, shall be subject to a civil penalty in the amount of $100.00 per day for each day the violation continues, to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within the prescribed period of time after he or she has been cited for the violation. The procedures set forth in section 1-5 of this Code for violations which constitute a civil penalty are incorporated herein by reference.
(Ord. No. 3024, 5-27-03; Ord. No. 5047, § 1b, 10-24-23)
Secs. 16-162—16-170. Reserved.
ARTICLE VI. STREET NAME AND ADDRESS REQUIREMENTS
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