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(a) The commissioner is authorized to take such action as necessary to enforce the provisions of this article, including conducting on-site inspections of curbside cafes.
(b) Upon request by the commissioner, a permittee shall provide for inspection any document required by this article, including the curbside café permit, the plan for the curbside café, and proof of insurance.
(c) Any curbside café for which a permit is required by this article, and which has failed to obtain such permit, may be closed by the commissioner until such permit is procured. Upon being notified of closure, all curbside café activity must cease, and all obstructions in the public way, including boundaries, tables and chairs, must be removed.
(d) Any curbside café for which a permit is in effect under this article may be temporarily closed by the commissioner, if the café has been issued notices of violation on three different days during the permit period, each of which pertains to a significant breach of public safety. Non-limiting examples include: (1) café encroachment on the public way beyond plan specifications, (2) a missing or incomplete barrier, or (3) signs, serving tray stands or other objects in the public way. Upon being subjected to a temporary closure, the permittee may provide to the commissioner evidence that the objectionable conditions have been fully remedied. Such temporary closure shall remain in effect until the commissioner is satisfied that the violations have been properly remedied and will not reoccur.
(Added Coun. J. 1-13-16, p. 17125, § 1)