Sec. 250.809. - Denial, revocation or suspension of permit.

(1) The DIA may deny, revoke, or suspend the permit for any downtown sidewalk cafe or bar authorized in the City if it is found: (a) That the provisions of this Part have been violated. (b) Any necessary health or other regulatory permit has been suspended, revoked, or canceled. (c) The permittee does not have insurance which is correct and effective in the minimum amount prescribed above in Section 250.807 . (d) A "community event" requires the suspension. (e) The City needs to do utility work street repairs or sidewalk closure for other repairs. (f) Failure to document to the reasonable satisfaction of the DIA compliance with the 51 percent sales from food and nonalcoholic beverages criteria established in the definition of "cafe or restaurant". (g) The permittee operates the sidewalk cafe or bar when such permit has been suspended. (2) Upon denial or revocation, the DIA shall give notice of such action to the applicant or permittee in writing stating the action which has been taken and the reason therefor. If the action of the DIA is based upon subsection (1)(b), (c) or (d) of this Section, the action shall be effective upon giving such notice to the permittee; otherwise, such notice shall become effective within ten days of notice unless appealed to the Executive Director of the DIA (or his designee) by filing a written notice of appeal within ten days or receipt of the notice of denial or revocation. Any revocation effective immediately may also be appealed to the Executive Director of the DIA (or his designee) within ten days. Appeals shall state the reasons for reinstatement or issuance of the permit. The DIA Executive Director (or his designee) shall review the appeal and provide written notice of his decision to the applicant/permittee within ten business days of the receipt of such appeal. During the course of any appeal, any permit which has been revoked shall be automatically suspended until such appeal is resolved. (Ord. 96-253-101, § 1; Ord. 96-542-392, § 2; Ord. 2007-107-E, § 2; Ord. 2011-443-E, § 2; Ord. 2012-364-E, § 10)