D.C. Mun. Regs. tit. 24, r. 24-306

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 24-306 - CERTIFICATE OF USE

306.1

Except as provided in § 306.2, within six (6) months of the issuance of a Sidewalk Cafe Permit, the applicant shall apply to the Director of Consumer and Regulatory Affairs for a Certificate of Use.

306.2

A person granted a sidewalk cafe permit prior to the effective date of these rules shall apply, within fifteen (15) months of the effective date of these rules, to the Director of Consumer and Regulatory Affairs for a Certificate of Use.

306.3

An applicant may request that the Director of Consumer and Regulatory Affairs and the Director approve a delay in the application for a Certificate of Use. The request shall be in writing and shall provide sufficient reasons for the delay.

306.4

Upon the recommendation of the Director, the Director of Consumer and Regulatory Affairs may approve any justifiable delay in the issuance of a Certificate of Use. This delay shall not exceed three (3) months.

306.5 The Director of Consumer and Regulatory Affairs shall issue a Certificate of Use when the following conditions have been satisfied:

(a) The sidewalk cafe has been inspected and the issuance of a Certificate of Use has been approved by the Director and the Director of Consumer and Regulatory Affairs;

(b) The sidewalk cafe complies with the requirements of this chapter, with the terms and conditions of the Sidewalk Cafe Permit and, where applicable, the Building Permit;

(c) The sidewalk cafe has been inspected by the Fire Chief to ensure that it complies with § 313, §§ 316.10 and 316.11 and with any variance or waiver granted pursuant to § 318; and

(d) All applicable fees, including, but not limited to, all present and past sidewalk cafe rental fees have been paid.

306.6

If the sidewalk cafe does not comply with the requirements of § 306.5, the request for a Certificate of Use shall be denied.

306.7

Where applicable, the applicant shall be informed by the Director of Consumer and Regulatory Affairs of the reasons why the Certificate of Use has been denied.

306.8

The applicant shall have sixty (60) days to correct any deficiencies and to reapply for a Certificate of Use pursuant to § 306.1.

306.9

A Certificate of Use shall be valid for twelve (12) months and shall be renewed annually on the date specified on the certificate.

306.10

An applicant shall apply for a renewal of the Certificate of Use in accordance with § 306.5.

D.C. Mun. Regs. tit. 24, r. 24-306

Final Rulemaking published at 30 DCR 4346, 4354 (August 26, 1983)