§ 62-207. Revocation or suspension of permit.

(a)

The approval of a permit under this article is conditional and grant thereof permissive at all times. Said permit may be suspended or revoked upon the occurrence of any of the following events in which the permittee or business owner has:

(1)

Provided false information or fraudulently misrepresented information in the permit application.

(2)

Violated this Code, any local, state, federal law or any regulations of the county health department or other applicable regulatory agency.

(3)

Failed to comply with the requirements of this article, the terms under which the permit is issued, or an order of the code enforcement board relating to the use of the public way.

(4)

Operated under the permit in such a manner as to create a public nuisance or to constitute any hazard to the public health, safety or welfare or to damage or destroy public property.

(5)

Failed to post conspicuously the permit at all times at the location where the activity is permitted.

(6)

Had any necessary business or health permit suspended, revoked or cancelled.

(b)

If the city has knowledge that a permittee has engaged or is engaged in conduct warranting the suspension or revocation of a permit, the city shall serve the permittee by certified mail or hand delivery at his business address as disclosed in the application for the permit or at the permitted premises, a written statement of violation or a civil citation which affords reasonable notice of facts or conduct which warrants the intended action. The statement of violation or civil citation shall state the action required to remedy the violation, if any. An adequate opportunity to request a hearing or appeal of the decision shall be afforded to the permittee. A first time violation may result in a fine of up to $250.00 per day; a second violation within 12 months may result in the revocation of the permit.

In the case of an emergency suspension or revocation, the permittee shall immediately be advised of the city's action and afforded a prompt post-suspension or revocation hearing in accordance with the procedures set forth in this Code. During the period of time commencing with the notification of the permit holder of the intent to revoke the permit and continuing until a final decision is made as to whether the permit shall be revoked or continue in full force and effect, the permit shall be suspended and the permittee shall not operate a sidewalk cafe nor display merchandise within the public ways.

(Ord. No. 02-24, § 2, 5-23-02)