D.C. Mun. Regs. tit. 24, r. 24-308

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

Rule 24-308 - REVOCATION OF SIDEWALK CAFE PERMITS

308.1

A Sidewalk Cafe Permit and a Certificate of Use may and can be revoked at any time by the Director of Consumer and Regulatory Affairs upon the request of the Public Space Committee or the Director, for any one (1) of the following reasons:

(a) There is a public need for the use of the surface space;

(b) The applicant has failed to comply with the provisions of this subtitle;

(c) The applicant has failed to make use of the surface space for a period of more than twelve (12) consecutive months after the Sidewalk Cafe Permit has been issued;

(d) The applicant has failed to comply with the terms or conditions of the Sidewalk Cafe Permit or the Certificate of Use;

(e) The applicant has failed to comply with the provisions of this chapter or the provisions of the Act;

(f) The applicant has failed to complete the construction of the sidewalk cafe within six (6) months; or

(g) The applicant has failed to pay any and all applicable fees, including but not limited to, all present and past sidewalk cafe rental fees.

308.2

The applicant may, within five (5) days of receipt of the notice of revocation, request a hearing. The hearing shall be conducted pursuant to the D.C. Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1208, D.C. Code § 1-1501 et seq. (1981)), as amended.

308.3

The applicant shall remove any property placed upon the public space within twenty four (24) hours following the expiration of the five-day (5) period specified in § 308.2, or on the date determined by the hearing examiner pursuant to the procedure set forth in § 308.2.

308.4

A person shall not operate a sidewalk cafe subsequent to the revocation of a Sidewalk Cafe Permit, unless a new Sidewalk Cafe Permit and a new Certificate of Use has been issued pursuant to this chapter.

308.5

If a Sidewalk Cafe Permit has been revoked pursuant to § 308.1(f), the Director of Consumer and Regulatory Affairs, upon the recommendation of the Director, may reissue the Building Permit and the Sidewalk Cafe Permit when the applicant certifies that the construction will comply with the provisions of the initial Building Permit and the initial Sidewalk Cafe Permit, and that the construction will be pursued on a timely basis.

308.6

Except as provided for in § 308.2, the Director of Consumer and Regulatory Affairs shall restore and reissue a Sidewalk Cafe Permit and a Certificate of Use upon the approval of the Director and when the conditions that caused the revocation to be issued have been corrected.

308.7

Any costs incurred by the Department, the Department of Consumer and Regulatory Affairs, and any other District agency, as determined by the Director and the Director of Consumer and Regulatory Affairs, in connection with the revocation and the issuance of a new Sidewalk Cafe Permit and a new Certificate of Use, shall be paid by the applicant before the Sidewalk Cafe Permit and the Certificate of Use are restored.

308.8

The applicant shall have no recourse against either the United States, the District, or any employee, officer, or agent of the United States or the District, for any loss or damage caused by the revocation of the Sidewalk Cafe Permit or the Certificate of Use.

D.C. Mun. Regs. tit. 24, r. 24-308

Final Rulemaking published at 30 DCR 4346, 4355 (August 26, 1983)