(A) Findings and conditions. In connection with granting approval for any sidewalk café permit, the Zoning Officer shall make findings that the proposed operation meets the limitations of this subchapter and that the portion of the public way proposed for dining use may be so used without adversely affecting public safety nor adversely affecting nearby property uses. The Zoning Officer may impose such conditions in granting approval as are needed to assure that the proposed operation will meet the operating requirements and conditions as set forth in this subchapter, and to assure that the public safety and welfare will be protected.
(B) Term and renewal. A dining permit may be approved by the Zoning Officer between January 1 and April 1 of each year for a period ending the following October 31. Thereafter, the Zoning Officer, if an extension application is filed, may extend the permit for additional periods, not to exceed one season each, following review and approval of the café’s operations. The Zoning Officer may make any renewal of a dining permit subject to additional and revised conditions and requirements. Any renewal granted by the Zoning Officer shall not exceed a period of one season. All applications, on forms provided by the city, shall be filed with the Zoning Officer. The City Clerk shall maintain the records of permits issued, denied or revoked.
(C) Revocation. The Zoning Officer may revoke or deny a dining permit at any time, without advance notice, for any of the following reasons:
(1) It is determined by the Police Chief or Fire Chief that public safety requires such revocation or denial;
(2) The application is incomplete;
(3) The application is determined to be fraudulent, to include a misrepresentation or to contain a false statement;
(4) The applicant has had a license or permit revoked by the city for any reason within the preceding two years;
(5) The permittee has an outstanding arrest warrant in this or any other jurisdiction, or is a fugitive from this or from any other jurisdiction;
(6) The permittee’s insurance has been canceled;
(7) The permittee violates any administrative rules or policies authorized by this subchapter;
(8) The permittee violates any provision of this chapter, other city ordinances, or state or federal laws; and
(9) It is determined that a need exists to evaluate or ensure the safety of the community as it pertains to dining.
(D) Appeal process. Any party aggrieved by the Zoning Officer’s decision to deny, revoke, suspend or issue a dining permit may appeal the determination to the City Council if, within 20 working days after the decision, the party files a written notice of appeal with the City Clerk. In such an event, a hearing shall be held by the City Council no later than its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Iowa Code Chapter 21. Upon such hearing, the City Council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the Zoning Officer’s decision. The City Council’s decision is the final decision of the city.
(Prior Code, § 5-1F-10) (Ord. 878, passed 1-17-2022)