§ 15:336. Denial, revocation or suspension of permit; removal and storage fees; emergencies.

(a)

The director of the department of development may deny, revoke, or suspend a permit for any sidewalk café authorized in the city-parish if it is found that:

(1)

Any necessary business or health permit has been suspended, revoked or cancelled.

(2)

The permit holder does not have insurance which is correct and effective in the minimum amount described in section 15:335.

(3)

Changing conditions of pedestrian traffic cause congestion necessitating the removal of the sidewalk café. Such decisions shall be based upon the findings of the director of the department of development that the minimum pedestrian path is insufficient under existing circumstances and represents a danger to the health, safety, or general welfare of pedestrian traffic.

(4)

The permit holder has failed to correct violations of the article or conditions of his permit within three (3) days of receipt of the director of the department of development notice of same delivered in writing to the permit holder.

(5)

The permit holder has failed to take positive actions to prohibit violations from reoccurring.

(6)

The permit holder has failed to make modifications within three (3) days of receipt of the director of the department of development notice of same delivered in writing to the permit holder.

(7)

If there is a documented history of repeated violations, the director of the department of development may revoke the permit.

(b)

Permission to encroach upon a portion of a public sidewalk with tables and chairs granted under this chapter shall be subject to the suspension or revocation by the director of the department of development when the permit holder violates any of the restrictions and conditions set forth in this chapter, or any rule or regulation adopted in pursuance of the provisions of this chapter or as provided in section 15:331. Such permission shall be automatically terminated upon the termination or lapse of the insurance stipulated under section 15:335.

(c)

All vestiges of such sidewalk café may be removed by the city-parish and a reasonable fee charged for labor, transportation, and storage should the permit holder fail to remove such items within thirty-six (36) hours of the city-parish's final notice to do so for any reason provided under this section. If the action is taken based on subsection (a)(1), (2), or (3) of this section, the actions shall become effective upon receipt of such notice and the permit holder shall have four (4) hours to remove such items.

(d)

Upon suspension or revocation, the director of the department of development shall give notice of such action to the permit holder in writing stating the action which has been taken and the reason therefor. If the action is based on subsection (a)(1), (2), or (3) of this section, the action shall be effective upon giving such notice to the permit holder. Otherwise, such notice shall become effective after ten (10) working days unless appealed to the metropolitan council.

(e)

The acceptance of a permit granted to a permit holder by the city-parish constitutes a waiver of any claims that the permit holder has, may have, or will have against the city-parish for the denial, revocation or suspension of its permit as provided for herein.

(f)

Upon denial of the permit under this section, the director of the department of development shall give notice of such action to the applicant in writing stating the action which has been taken and the reason for denial. Upon denial, an applicant may within ten (10) working days file a notice of appeal to the metropolitan council with the director of the department of development.

(Ord. No. 12006, § 1, 4-25-01; Ord. No. 16361, § 1, 10-26-16)