Modesto Municipal Code Art. 3 Suspension, Revocation and Penalties

An outdoor dining encroachment permit shall be subject to suspension or revocation by the Public Works Director. A permit may be suspended or revoked if any of the permit requirements or terms and conditions contained in this chapter are violated. A permit may be suspended or revoked if necessary to preserve and protect the health and welfare of the public.

(Ord. 3407-C.S., § 1, effective 5-25-06)

The outdoor dining encroachment permit shall be automatically suspended upon the termination of the insurance required under Section 4-15.108 of this chapter. Even upon termination of the insurance required under Section 4-15.109, permittee shall indemnify the City of Modesto as set forth in Section 4-15.107 of this Code.

(Ord. 3407-C.S., § 1, effective 5-25-06)

The City of Modesto will notify the State Department of Alcoholic Beverage Control of any suspension or revocation of an outdoor dining encroachment permit granted under this chapter.

(Ord. 3407-C.S., § 1, effective 5-25-06)

Permits may be suspended for a period up to twelve (12) months depending upon the history and severity of violations.

(Ord. 3407-C.S., § 1, effective 5-25-06)

Prior to revoking or suspending an outdoor dining permit, the Public Works Director, or designated representative, will serve the permittee with a written notice stating the proposed grounds for the suspension or revocation and the effective date of the suspension or revocation. This notice will be sent by certified mail, return receipt requested, and/or hand delivered to the permittee or a managing employee. The notice shall provide the permit holder with information on the appeal process.

(Ord. 3407-C.S., § 1, effective 5-25-06)

A written notice requesting an appeal to the City Manager shall be filed with the City Clerk not later than five (5) days after receipt of the notice of proposed suspension or revocation. Failure to file a notice of appeal within the five (5) day period waives the permittee's right to appeal and the Public Work Director's proposal will become final. If a timely notice of appeal is filed, the City Manager, or a designated representative, will set the matter for hearing no later than ten (10) days after receipt of the appeal notice by the City Clerk. The permittee may appeal the decision of the City Manager in writing to the City Council as set forth in Chapter 4 of Title 1 of this Code.

(Ord. 3407-C.S., § 1, effective 5-25-06)

(a) Citations. The City of Modesto may issue administrative citations for violations of this chapter pursuant to Sections 1-6.401 through 1-6.509 of this Code.

(b) Appeals. A permittee may appeal any citation issued pursuant to the procedure set forth in Section 1-6.405 of this Code. The appeal hearing will be set and conducted as set forth in Section 1-6.501 et seq. of this Code.

(c) Administrative Remedies. The City of Modesto may utilize any of the administrative remedies set forth in Chapter 6 of Title 1 of this Code as enforcement remedies for violation of this chapter.

(Ord. 3407-C.S., § 1, effective 5-25-06)