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SEC. 42A-28.9.   DENIAL OR REVOCATION.
   (a)   The director shall deny a street seats permit if:
      (1)   the applicant fails to meet any of the requirements outlined and defined in the guidebook;
      (2)   the applicant fails to provide proof that the applicant possesses or is able to obtain a license or permit required by another city ordinance or other applicable law for the conduct of all activities included as part of the street seat;
      (3)   the applicant has had a street seats permit revoked within the preceding 14 months;
      (4)   the applicant has received, within the preceding 14 months, two or more notices of violation or citations related to a provision of a street seat permit or this chapter;
      (5)   the director of transportation, public works, office of special events, the chief of the police department, or the chief of the fire-rescue department, determines that the street seat would pose a serious threat to the public health, safety, or welfare;
      (6)   the applicant or any other person responsible for the conduct or sponsorship of the street seat is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or other person;
      (7)   the applicant has a history of conducting or sponsoring street seats in a disorderly, unsafe, unsanitary, or fiscally irresponsible manner;
      (8)   the director is notified of any code violation on the abutting property; or
      (9)   a street seat will interfere with the rights of nearby residents to the quiet, peaceable, and undisturbed enjoyment of their property.
      (10)   A street seat interferes with other curb uses including but not limited to:
         (i)   Fire hydrant.
         (ii)   Valet operation.
         (iii)   Bus stop or transit station.
         (iv)   Loading zone.
         (v)   Taxi zones.
         (vi)   Handicapped-access parking spaces.
         (vii)   Other specially designated zones.
         (viii)   Licensing to another establishment.
   (b)   The director shall revoke a street seats permit if:
      (1)   the applicant fails to comply with, or the street seat is in violation of, any provision of the street seats permit, a city ordinance, or any other applicable law;
      (2)   the permit holder made a false statement or omission of material fact on an application for a street seat permit;
      (3)   the director of transportation, public works, office of special events, or the chief of the police department or the chief of the fire-rescue department determines that the street seat would pose a serious threat to the public health, safety, or welfare;
      (4)   the permit holder fails to maintain public order in and around the street seat;
      (5)   the permit holder failed to pay any outstanding fees assessed under Section 42A-6 of this chapter for the proposed street seat or for a past street seat;
      (6)   the director is notified that the permit holder or any other person responsible for the conduct or sponsorship of the street seats is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the permit holder or other person; or
      (7)   the director is notified of any code violations on the abutting property. (Ord. 31708)