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If the director of community development, with the advice of the city engineer, determines that evidence could be presented to the planning commission which may support grounds for revocation or suspension of an open air dining permit, and the director believes that the planning commission may find that such evidence is adequate to support revocation or suspension, then the director may initiate a revocation or suspension proceeding before the planning commission.
Upon initiation of a revocation or suspension proceeding, the planning commission shall hold a public hearing regarding the possible revocation or modification of the open air dining permit. Notice of such hearing shall be provided in the same manner as the notice required for issuance of the original permit. The planning commission, after such hearing, may revoke or suspend the open air dining permit if the commission determines that:
A. The permittee has violated any condition imposed on the permit approval, or violated any provision of this code that governs, in whole or in part, the activity for which the permit was granted or the land on which it is located; or
B. The permit was obtained in a fraudulent manner; or
C. The operation of the open air dining use constitutes or creates a nuisance; or
D. The operation of the open air dining use violates any provision of article 19.5 of this chapter. (Ord. 11-O-2615, eff. 12-16-2011)