A. The City Clerk shall notify the applicant in writing if an application is denied and the reasons therefor.
B. 1. A license may be revoked if:
a. There is any material misrepresentation made on an application; or
b. The required liability insurance is no longer in full force and effect; or
c. The license holder has failed to comply with the provisions of this chapter or other applicable County ordinance or State law; or
d. The City determines the continued operation of the outdoor dining area or sidewalk cafe within the City constitutes an unreasonable safety hazard; or
e. With respect to sidewalk cafes, the City requires use of its right of way.
2. The City Clerk shall issue a written notice of revocation of a license which shall be hand delivered to the operator or sent by certified mail, return receipt requested, to the operator at the address on the application. Revocation of the license shall be effective immediately after personal service or on the third day after the post mark of the certified mail receipt.
C. The denial of an application or revocation of a license may be appealed in writing to the City Council within ten (10) business days from the notice of denial or the revocation. The City Council shall hold a public hearing at which the affected license applicant or holder may appear, present witnesses and evidence and be represented by an attorney. The City Council shall uphold the denial or revocation if it determines by a preponderance of the evidence that the insufficiency or violation which was the basis for the denial or revocation occurred. During the appeal process, a license revocation shall remain in full force and effect.
D. In the event a license is revoked due to a failure to maintain the required liability insurance in compliance with this chapter, the City Clerk, in the Clerk's discretion, may reinstate the license, upon documentation of reinstatement of the required insurance. (Ord. 071519A, 7-15-2019)