(A) The City Manager or his/her designee may deny, revoke or suspend a permit for any Sidewalk Café authorized in the city if it is found that:
(1) Any necessary business or health permit has been suspended, revoked or canceled.
(2) The permittee does not have insurance which is correct and effective in the minimum amount described in this chapter.
(3) Changing conditions of pedestrian or vehicular traffic cause congestion necessitating removal of Sidewalk Café. Such decision shall be based upon findings of the City Manager or his/her designee that the minimum six-foot pedestrian path provided is insufficient under existing circumstances and represents a danger to the health, safety or general welfare of pedestrians or vehicular traffic.
(4) The permittee has failed to correct violations of this chapter or conditions of his permit within three days of receipt of the City Manager's or his/her designee’s notice of same delivered in writing to the permittee.
(5) Tables, chairs and other vestiges of the Sidewalk Café may be removed by the Department of Public Works, and a reasonable fee charged for labor, transportation and storage, should the permittee fail to remove said items within 36 hours of receipt of the City Manager's or his/her designee’s final notice to do so for any reason provided under this chapter.
(6) The permittee has been found to be in violation of this chapter or of any condition of his/her permit by a Special Magistrate or court of competent jurisdiction pursuant to Chapter 36 of the City’s Code of Ordinance on more than three separate occasions within a one-year period.
(7) The permittee has been found to have committed four separate civil infractions in accordance with § 36.27 of the Code of Ordinances within a one year period.
(8) For Sidewalk Cafes that are located in a Florida Department of Transportation (FDOT) right-of-way, and are permitted pursuant to a Lease Agreement between the City and FDOT, the permits are subject to the lease terms and the Sidewalk Café permittee is not entitled to an extension or renewal of the permit. Any termination or expiration of the Lease Agreement will automatically terminate any Sidewalk Café permit issued by the City at which time all items must be removed from the lease area.
(9) The use of the City's and FDOT's rights-of-way is subject to any and all Utility Permits, Access Permits and Rights-of-Way Improvement Permits that have been issued or may be issued by either the City and/or FDOT in the future. The City may suspend the Sidewalk Café Permit for any period of time required to complete the work included in the permit.
(B) Upon denial, suspension, or revocation, the City Manager or his/her designee shall give notice of such action to the applicant or the permittee in writing stating the action which has been taken and the reason thereof. If the action of the City Manager or his/her designee is based on divisions (A)(2), (3), (8) or (9) of this section, the action shall be effective upon giving such notice to the applicant or permittee. Otherwise, such notice shall become effective within ten days unless appealed to the City Commission.
('72 Code, § 29-80) (Ord. O-88- 75, passed 11-2-88; Am. Ord. O- 2001-11, passed 3-21-01; Am. Ord. O-2005-02, passed 3-2-05; Am. Ord. O-2010-37, passed 10-6-10; Am. Ord. O-2016-19, passed 10-19-16)