(A) The City Manager may suspend a permit issued pursuant to this section if he or she finds one or more of the following conditions exist:
(1) Violation of any provision of the County Health Department regulations or of this section;
(2) Violation of any law, regulation or ordinance regarding the possession, sale, transportation or consumption of intoxicating beverages or controlled substances;
(3) Operation of the sidewalk café in a manner as to create a public nuisance or to constitute a hazard to the public health, safety or welfare; specifically including failure to keep the café area clean and free of refuse; and/or
(4) Operation of the business or sidewalk café in violation of any city, county or state law, ordinance or regulation.
(B) The permit suspension shall take effect immediately upon delivery of a citation to the business operator or, in his or her absence, the person with supervisory authority over the operation of the business and shall be reinstated once the City Manager has verified that the condition has been remedied.
(C) The business operator may request a hearing contesting the suspension of the permit by filing written notice thereof upon the City Manager. The hearing shall be held and a written decision rendered within 15 days of the date of receipt. The decision of the City Manager may be appealed to the City Council by written notice thereof filed with the City Clerk within 15 days of the date of receipt of the decision.
(Ord. O-02-06, passed 4-6-2006; Ord. O-02-14, passed 2-6-2014) Penalty, see § 10.99