§ 17-89. Sidewalk dining permits, penalties and remedies.

(a)

Permits. All sidewalk dining activities require completion of a permit application and submittal to the town for approval. Before sidewalk dining activities are permitted, the restaurant operator must have a valid issued sidewalk dining permit. Sidewalk dining permits are not transferable or assignable. A fee as provided in the town fee schedule must be paid by the sidewalk dining restaurant to cover the cost of processing and investigating the application and issuing the permit. Sidewalk dining restaurants must resubmit their application for their sidewalk dining permit should their occupancy change or they make changes to any part of their approved permit application (including, but not limited to, layout of or increase to the number of furnishings). The town may charge a renewal fee if a resubmitted application includes a change in a restaurant's occupancy.

(b)

Penalties. The town manager may immediately revoke a permit issued pursuant to this ordinance, if he or she finds that the restaurant or restaurant operator has:

(1)

Deliberately misrepresented or provided false information in the application, or

(2)

Operated the sidewalk dining in such a manner as to create public nuisance or to constitute a hazard to the public health, safety, or

(3)

Failed to maintain any insurance, health, business or other permit or license required by the law for the operation of a restaurant or, if applicable, for sale of alcoholic beverages, or

(4)

Made changes in direct conflict with the approved permit application.

The restaurant operator may reapply for a sidewalk dining permit once the conditions of the revocation have been remedied.

(Ord. No. 2019-04-10/O-6 , § 1)