(A) Temporary order of discontinuation. The city reserves the right and power to temporarily order the discontinuation of the operation of the sidewalk dining at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. The situations include, but are not limited to, festivals, parades, marches, repairs to the street or sidewalk, or any other emergencies occurring in the area. To the extent possible, the permitee shall be given prior written notice of the time period during which the operation of the sidewalk dining will not be permitted by the city, but failure to give notice shall not affect the right and power of the city to prohibit sidewalk dining operation at any particular time.
(B) Notice of violation; failure to comply. Upon determination by the Director or his or her designee that a permitee has violated one or more of the provisions of this chapter, the Director shall give written notice to the permitee to correct such violation within 24 hours of receipt of such notice by the permitee. In the event that the permitee fails or refuses to correct such violation within such period, the permitee will be subject to the penalty provisions as set forth hereafter.
(C) Appeals. Any permitee aggrieved by any action of the Director, in the denial, suspension or revocation of a sidewalk dining permit, shall be entitled to a hearing before the Mayor within 30 days of the denial, suspension or revocation, upon no less than three days’ prior notice thereof, provided that a hearing is requested by the permitee, in writing, within five business days of denial, suspension or revocation of a sidewalk dining permit. A denial, suspension or revocation of a sidewalk dining permit shall not become effective until a hearing has been conducted and a decision rendered by the Mayor.
(Ord. 3897, passed 8-17-2015) Penalty, see § 123.99