(A) All permit applications under this subchapter shall be made to the office of the City Administrator and referred to the Chief of Police and such other municipal departments or offices as the City Administrator deems necessary for verification and investigation of the facts set forth in the application. The Chief of Police and other department heads of officers consulted shall submit comments and/or recommendations to the City Administrator who shall determine whether to issue the permit.
(B) The existence of any ground for denial or revocation does not mean the city must deny or revoke the permit. If the permit is mistakenly issued to a person, it shall be revoked upon the discovery that the person was ineligible for the permit under this subchapter.
(C) The city shall have the discretion to consider, in granting, denying, or revoking a permit, any reasonable facts or circumstances relating to public health, safety, and welfare, including but not limited to the following:
(1) The proximity of the proposed activities to churches, schools, playgrounds, parks or other community facilities which might be adversely affected.
(2) The proximity of the proposed activities in relation to traffic congestion and parking which causes a threat to public safety, interference with normal traffic flow, congestion, or inconvenience to the public.
(3) Past fraud, misrepresentation, or misstatement in the course of carrying on business.
(4) Revocation within the preceding 12 months of past permit issued or past violations of any provisions of the subchapter.
(5) Failure to provide any information required on the application or providing false or misleading information.
(6) Denial or revocation of a mobile food unit permit by another city or governmental entity with the preceding 12 months.
(D) Failure of any person to comply with any of the ordinances of the city or the laws of the state, or any conditions/restrictions imposed on a permit, shall be grounds for denying or revoking a mobile food unit permit.
(E) If a permit is denied by the office of the City Administrator, the City Administrator shall notify the applicant of the determination in writing, including the facts of which this determination was made, and their right to a hearing before the City Council.
(Ord. 391, passed 2-4-2019)