Sec. 250.910. - Denial, revocation or suspension of permit.

(a) The City may deny, revoke, or suspend the permit for any sidewalk cafe authorized in the City if it is found: (1) That the provisions of this Part have been violated. (2) Any necessary health permit has been suspended, revoked, or canceled. (3) The permittee does not have insurance which is correct and effective in the minimum amount prescribed above in Section 250.908 . (4) Changing conditions of pedestrian or vehicular traffic cause congestion necessitating removal of a sidewalk cafe. The Chief has the discretion to determine if the pedestrian path is insufficient under existing circumstances and represents a danger to the health, safety or general welfare of pedestrians or vehicular traffic. (5) A "community event" requires the suspension. (6) City needs to do utility work, street repairs, sidewalk closure for other repairs, etc. (7) Failure to document to the reasonable satisfaction of the Chief that the 51 percent sales from food and nonalcoholic beverages criteria established in the definition of "cafe or restaurant" has been maintained. (b) Upon denial or revocation, the Chief 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 Chief is based upon subsection (a)(3) or (a)(4) of this Section, the action shall be effective upon giving such notice to the permittee. Otherwise, such notice shall become effective within ten days. (Ord. 96-542-392, § 1)