(A) The application and/or permit may be revoked by the town if it is found that the business operator has:
(1) Deliberately misrepresented or provided false information in the permit application;
(2) Violated any provision of the County Health Department regulations or of this chapter;
(3) Violated any law, regulation or ordinance regarding the possession, sale, transportation or consumption of intoxicating beverages or controlled substances;
(4) Operated the sidewalk cafe in a manner as to create a public nuisance or to constitute a hazard to the public health, safety or welfare;
(5) Failed to consistently maintain the sidewalk cafe and the area around it, in a neat and trash-free manner;
(6) In the event that the town determines that good grounds exist for the revocation of an application or permit issued under this chapter, it shall provide the business operator a notice to show cause, stating with particularity the grounds therefor, why the sidewalk cafe application or permit should not be revoked. The business owner may, within 15 days of receipt of this notice, submit to the town, in writing, their contention as to why the permit should not be revoked. The Town Manager shall review the decision, the owner’s contentions and make a decision which shall be final. If an application or a permit is revoked, the business owner cannot reapply for another sidewalk cafe application or permit until the next permit cycle begins. If a permit is revoked for the sale of alcohol outside of the establishment, this shall not affect the placement of the tables, chairs, and other items placed outside the restaurant, as they may remain outside for food service only.
(B) All applications shall be presented to the "Main Street and Community Manager" of the Town of Elkin for approval. The "Main Street and Community Manager" shall be the primary person responsible for insuring that this chapter is complied with.
(Ord. eff. 5-12-2014)