(a) The Commissioners of Business Affairs and Consumer Protection and of Transportation, through their designees, are authorized to take such action as necessary to enforce this article, including conducting on-site inspections of retail food and liquor establishments associated with Outdoor Dining Streets to determine compliance with permitting and other requirements of this article, rules promulgated hereunder, and other applicable Code provisions.
(b) Upon request by the Commissioner of Business Affairs and Consumer Protection or by the Commissioner of Transportation, or by their designees, any operator of an Outdoor Dining Street shall provide for inspection the documents required by this article to operate an Outdoor Dining Street, including the Outdoor Dining Street Permit, the plan for the Outdoor Dining Street, and proof of insurance.
(c) Any Outdoor Dining Street for which a permit is required by this article, and which has failed to obtain such permit, or whose permit has been revoked, may be closed by the Commissioner of Business Affairs and Consumer Protection, or by the Commissioner of Transportation, or by their designees until such permit is obtained. Upon being notified of closure, all Outdoor Dining Street activity shall cease, and all obstructions in the public way, including barriers, tables, and chairs, shall be removed.
(d) Any Outdoor Dining Street for which a permit is in effect under this article may be temporarily closed by the Commissioner or the Commissioner's designee, if: (1) the Outdoor Dining Street contains a significant danger to public safety, including, but not limited to, (i) the footprint or Outdoor Dining Street-related objects or equipment on property beyond plan specifications, (ii) a missing, insufficient, or incomplete barrier, or (iii) obstruction of a fire lane; (2) a permittee has been issued notices of violation for conduct occurring on the Outdoor Dining Street on three different days during the permit period; or (3) a permittee has been issued at least one notice of noise violation for conduct occurring on the Outdoor Dining Street. Such temporary closure may include the cessation of outdoor business or the removal of all furniture and other appurtenances from the street and the reopening of the street to traffic. 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.
(e) In addition to fines and other penalties as provided for herein, a violation of any provision of this article or rules promulgated hereunder within a permit period shall subject a permittee to revocation of the Outdoor Dining Street Permit by the Commissioner.
(f) In addition to fines and other penalties as may be provided under this Code, any license discipline for a violation of this Code or rules promulgated thereunder shall subject a permittee to revocation of the Outdoor Dining Street Permit by the Commissioner. For purposes of this subsection, "license discipline" means the revocation, suspension, or rescission of a license, a voluntary closure in lieu of suspension, a closure order, a summary closure, or denial of the renewal of a license.
(g) If fewer than the minimum number of required permittees on an Outdoor Dining Street Full-Closure Permit are actively operating on the Outdoor Dining Street, the permit shall be subject to revocation. The Commissioner shall: (1) notify the each of the permittees, in writing, of the proposed revocation; (2) set a date and time for the permittees to appear before the Commissioner of Business Affairs and Consumer Protection to contest the proposed revocation, said date and time being no sooner than 10 calendar days after notice is issued; and (3) inform the permittees that they are entitled to present evidence at the hearing in opposition to the proposed revocation. Following the hearing, the Commissioner of Business Affairs and Consumer Protection shall affirm or reverse the decision to revoke the license. If no permittee appears at such hearing, the Outdoor Dining Street Permit shall be revoked. The findings, decision, and order shall be mailed to the permittee at least five days before the effective date of the revocation. The decision shall be final and may be appealed as provided by law. However, if fewer than the minimum number of required permittees on an Outdoor Dining Street Full-Closure Permit are actively operating on the Outdoor Dining Street, whether voluntarily or because permits have been revoked, and at least two permittees continue to actively operate on the Outdoor Dining Street and are not in violation of any provision of this article, the Commissioner of Business Affairs and Consumer Protection may allow the remaining two permittees to continue operating the Outdoor Dining Street for the remainder of the permit period.
(Added Coun. J. 5-31-23, p. 427, Art. I, § 3)