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(A) If the Mayor has a reasonable suspicion that a vendor has:
(1) Violated any provision of §§ 13-3-2-1 et seq. or of regulations applicable to vendors;
(2) Made fraudulent, misrepresentative, or false statements in the application for the permit; or
(3) Conducted solicitations in an unlawful manner or in such a way as to constitute a menace to the health or safety of the public; or in a manner that is not conducive to the overall welfare and promotion of the Old Town HPO 5, the Mayor shall give the vendor written notice by certified mail, return receipt requested, that the Mayor intends to proceed to suspend or revoke the permit unless the vendor requests a hearing by a City Hearing Officer. Such request shall be made in writing and filed in the office of the City Clerk within 14 calendar days from the day that the vendor receives the notice of the proposed action. The notice shall contain a statement of the facts upon which the Mayor has acted. A suspension of a permit shall not exceed 90 calendar days.
(B) If a vendor fails to request a hearing pursuant to division (A) above, the Mayor shall proceed to suspend or revoke the permit. The written determination by the Mayor to suspend or revoke the permit shall be filed in the office of the City Clerk and sent by certified mail, return receipt requested, to the vendor.
(C) When a hearing is requested pursuant to division (A) above, the Hearing Officer shall send written notice by certified mail, return receipt requested, to the vendor of the time and place of the hearing. The hearing shall be held no sooner than five calendar days or later than 60 calendar days after the vendor receives notice of the hearing unless the vendor agrees to an extended time or the Hearing Officer continues the hearing. At the hearing the vendor shall have the right to present evidence as to the alleged facts upon which the Mayor based the determination to suspend or revoke the permit and any other facts which may aid the Hearing Officer in determining whether §§ 13-3-2-1 et seq. has been violated. If, after such hearing, the Hearing Officer finds that any provision of said sections have been violated, he may suspend or revoke the permit and cause to be filed, within ten calendar days after the hearing, in the office of the City Clerk for public inspection, and served upon the vendor and all interested parties participating in the hearing, a written statement of the facts upon which such finding is based. If such finding is based upon a failure to comply with the standards on handcrafted items, the permit shall be revoked and the permittee shall not be allowed to apply for a new permit. If, after such hearing, the Hearing Officer finds that any provision of §§ 13-3-2-1 et seq. has not been violated he shall, within ten calendar days after the hearing, give to the vendor a written statement that no violation was found to have been committed.
(D) Any person whose permit has been revoked shall not be permitted to apply for another permit for one year after the filing of the written statement revoking the permit; provided, that any person who has had a permit revoked for violating the provisions of §§ 13-3-2-1 et seq. relative to the production and origin of items sold shall not be permitted to apply for another permit for a period of ten years from the date of such revocation.
('74 Code, § 10-2-15) (Ord. 20-1991; Am. Ord. 2019-023)