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PRESENTATION
Legal requirements and due process for the sidewalk cafe application
0:45:17
ยท
120 sec
The applicant team addresses the legal aspects of their application and emphasizes the importance of due process. They clarify the scope of the application and the lack of adjudicated violations against their business.
- There have been no adjudicated violations from any agency concerning Le Dive
- The application is specifically for a DOT sidewalk cafe permit, not related to other programs like Open Streets
- The legal question is whether they meet the requirements for a sidewalk cafe, not a popularity contest
Max Bookman
0:45:17
We understand from the very limited info that we have that there's been some three one one complaints.
0:45:22
But I know that every member of this committee and every member of this city council cares a great deal about due process, due process for small businesses, and due process generally.
0:45:31
There have been zero adjudicated violations, from any agency concerning this, business.
0:45:39
We understand that there's been three one one complaints.
0:45:41
We've just heard that, but there have been no adjudicated violations.
0:45:44
And that's not something that we hide behind.
0:45:46
That's just a point to say that, again, we are surprised to hear the the the intensity of with the of with with which the issues are because we really haven't been getting given adequate notice of them.
0:45:57
You know, usually, you know, we get a summons, it's get it gets adjudicated, you know that there's a real issue.
0:46:03
And although there are a great many in this community who support our application, of course, the city council's call up is not a popularity contest.
0:46:11
The question here before the council is whether we meet the legal requirements for a sidewalk cafe.
0:46:17
We would have thought it wise for DOT to have been here today, so you could ask questions to them about the application and whether it meets the legal requirements for a sidewalk cafe.
0:46:26
But at the end of the day, no matter what it is that you hear from other members of the community, we just wanna be clear.
0:46:33
This call up, this hearing today, is not the end of the story.
0:46:36
And I know that you, council member, have spoken to that as well in your remarks.
0:46:40
A city council call up is a way to get the parties into a room to talk, to discuss, and to see if compromise can be reached.
0:46:48
Council member Marte, you're an important leader in this community, and we we ask you that that you be a facilitator of that conversation.
0:46:57
My office has worked with your office in the past, very recently, on another Sidewalk Cafe application where we were able to successfully reach a deal that not that the community board wasn't completely happy with, but it was and we weren't, but it was a compromise, and that's what compromise is all about.
0:47:13
We hope that we can have the chance to do that here for this season.