Section 24-306. CERTIFICATE OF USE  


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    306.1Except as provided in § 306.2, within six (6) months of the issuance of a Sidewalk Café Permit, the applicant shall apply to the Director of Consumer and Regulatory Affairs for a Certificate of Use.

     

    306.2A person granted a sidewalk café 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.

     

    306.3An 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.

     

    306.4Upon 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.

     

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

     

    (a)The sidewalk café 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 café complies with the requirements of this chapter, with the terms and conditions of the Sidewalk Café Permit and, where applicable, the Building Permit;

     

    (c)The sidewalk café 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 café rental fees have been paid.

     

    306.6If the sidewalk café does not comply with the requirements of § 306.5, the request for a Certificate of Use shall be denied.

     

    306.7Where 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.

     

    306.8The applicant shall have sixty (60) days to correct any deficiencies and to reapply for a Certificate of Use pursuant to § 306.1.

     

    306.9A Certificate of Use shall be valid for twelve (12) months and shall be renewed annually on the date specified on the certificate.

     

    306.10An applicant shall apply for a renewal of the Certificate of Use in accordance with § 306.5.

     

authority

Reorganization Plan No.2 of 1975, effective July 25, 1975 (21 DCR 3198 (May 12, 1975)), approved by Resolution 1-102 (22 DCR 961 (August 13, 1975)); § 6(c) of the Enclosed Sidewalk Cafe Act of 1982, effective September 17, 1982 (D.C. Law 4-148; D.C. Official Code §§ 7-1001 et seq. (1995 Repl.)).

source

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