10-28-820 Review of application.

   The department shall review a submitted application for compliance with this article and regulations.

   (A)   Except with regard to renewal applications governed by subsection (B), if the commissioner finds that the applicant meets the requirements of this article and the regulations promulgated hereunder, the commissioner shall provide the application to the alderman of the affected ward, together with a recommendation for introduction of an ordinance approving the application. Such approval shall not be unreasonably withheld. Once an ordinance approving the application is effective, the commissioner shall issue the sidewalk café permit to the applicant.

   (B)   For purposes of this section, “renewal application” means an application for the operation of a sidewalk café at the same location and by the same person approved by the city council within the previous 12 months.

   If the commissioner finds that a renewal application meets the requirements of this article and the regulations promulgated hereunder, the commissioner shall prepare an ordinance, which ordinance may include a group of renewal applications, for approval by the city council. Such approval shall not be unreasonably withheld. Once an ordinance approving the renewal application is effective, the commissioner shall issue the sidewalk café permit to the applicant.

   (C)   If the commissioner finds that the applicant fails to meet the requirements of this article or the regulations promulgated hereunder, or if approval by ordinance is withheld, the commissioner shall deny the application or renewal application. The commissioner shall notify the unsuccessful applicant in writing of the denial and the reasons therefor within ten business days after the denial. An applicant for renewal that was subjected to, or eligible for, temporary closure as a result of violations pursuant to Section 10-28-870(D) during the prior permit period, if those violations have been finally adjudicated and sustained, shall be subject to: (i) denial of the renewal or (ii) having the renewal conditioned upon a written plan of operation or other set of conditions that the commissioner determines is necessary to ensure compliance with this Chapter. An applicant for a permit that was issued two or more notices of violation pursuant to Section 10-28-870(C) during the prior permit period, if those violations have been finally adjudicated and sustained, shall be subject to denial of the permit for the permit period applied for.

(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1; Amend Coun. J. 11-19-14, p. 98037, § 22; Amend Coun. J. 6-17-15, p. 1342, § 1)

10-28-825 Compliance with plan and other components of application.

   (A)   Each sidewalk café shall comply in all respects with the specifications set out in the plan submitted to the commissioner, and with the other components of the application.

   (B)   In the event that the application, including the plan, becomes inaccurate or incomplete in any respect as a result of circumstances or events outside the control of the permittee, the permittee shall notify the commissioner within three business days of such circumstances or events.

   (C)   Before taking any action that would result in the application, including the plan, becoming inaccurate or incomplete in any respect, the permittee shall seek the prior approval of the commissioner.

   (D)   Upon being notified of an actual or contemplated change pursuant to either subsection (B) or (C) of this section, the commissioner shall review the change to determine if such change is insubstantial or substantial, using the same criteria as relevant to the commissioner's consideration of an initial application. If such change is insubstantial and if the application, as so changed, meets the criteria for an initial application, the commissioner shall approve the change. If such change is insubstantial and if the application, as so changed, does not meet the criteria for an initial application, the commissioner shall disapprove the change. If such change is substantial, a new permit application shall be required.

(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1)

10-28-830 Permit – Assignment or transfer prohibited.

   No permittee shall assign or transfer a sidewalk café permit.

(Added Coun. J. 3-15-00, p. 27687, § 4)