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Failure to observe any of the conditions set out herein is grounds for a one-year suspension of a permit. Prior to such suspension the director shall give ten days’ written notice to the permittee of his or her violation of or his or her failure to observe a general condition as set out above. If the permittee requests a hearing prior to the expiration of that ten-day notice period, the director shall hold a hearing to determine if the permit shall be suspended. The permittee may present evidence in his or her own behalf if he or she so desires. The decision in regard to suspension may be appealed to the city manager. If the permittee fails to request such a hearing, the suspension shall become effective upon the expiration of the ten-day notice period. If operations under a permit granted under this section are suspended, all tables, chairs and other appurtenances used as a part of the sidewalk café shall be immediately removed from the sidewalk.
(Ord. 9881, § 1, passed 6-4-1987)
No sidewalk café permit shall be issued until an applicant has provided a cash bond or surety bond, with permittee as the principal and a corporate bonding company licensed to do business in the State of Texas as a surety, in an amount determined by the director to be sufficient to cover the costs of removal of the facilities or improvements by the city or any public utility under any of the provisions of this article. Should permittee fail to timely remove its facilities upon request or demand, said permittee shall reimburse the city or any public utility in the event that the city or public utility removes the facilities pursuant to this article.
(Ord. 9881, § 1, passed 6-4-1987)
All notices required or permitted under this article shall be in writing and shall be deemed delivered three days after deposit in a United States Postal Service post office or receptacle with proper postage affixed and addressed to the permittee at the street address provided by the permittee in the application for a sidewalk café permit.
(Ord. 9881, § 1, passed 6-4-1987)
Any person or entity aggrieved by a finding, determination, notice or action taken under the provisions of this article may file an appeal in writing with the city manager. An appeal must be filed within five days after receipt of notice of any protested decision or action by filing with the office of the city manager a letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no more than 15 days after receipt of the letter of appeal unless extended by mutual agreement of the parties. Appellant shall be given at least five days’ notice of the time and place of the hearing. The city manager shall give the appellant, and any other affected party, a reasonable opportunity to be heard, in order to show cause why the determination of the director should not be upheld. In all such cases the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the action taken by the regulatory authority. The city manager shall make his or her determination and shall notify the appellant in writing of his or her determination. The decision of the city manager shall be final.
(Ord. 9881, § 1, passed 6-4-1987)
Editor’s note:
Ord. 24534-11-2020, adopted November 17, 2020, effective January 1, 2021, superseded all previous policies relating to minority and women business enterprises and established the policies set forth below. Section 7 of that ordinance provides that “For any procurement activity where formal solicitation occurred prior to January 1, 2021, the 2011 Ordinance shall continue to be in full force and effect.” Prior to the effective date of Ord. 24534-11-2020, policies relating to minority, women and disadvantaged business enterprises were set forth in this article and derived from Ord. 20020-12-2002, adopted December 13, 2011, Ord. 21606-01-2015, passed 1-13-2015, Ord. 21650-02-2015, passed 2-17-2015, Ord. 21652-02-2015, passed 2-17-2015, and Ord. 22972-10-2017, passed 10-24-2017. Prior to the adoption of that ordinance, this article pertained to similar subject matter and derived from Ord. 11923, adopted April 18, 1995, 13571, adopted June 2, 1998, and 15530, adopted April 22, 2003.
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