1153.09 PERMIT APPROVAL OR DENIAL; REVOCATION; SUSPENSION; APPEALS.
   (a)   The SSD shall issue a mobile vending permit for applications meeting the requirements of this chapter. Such permit shall be for a particular location, except for permits issued for mobile ice cream vending. If a permit is denied the SSD shall set forth in particularity the reasons for such denial.
   (b)   The SSD and/or authorized employees, may suspend or revoke a mobile vendor permit upon determining that the permit holder is in violation of any requirement of this chapter, the Ohio Revised Code or the rules and regulations adopted thereunder, or adopted by the SSD pursuant to this chapter, which are applicable to specifically to mobile vendors and food service operations generally, including a violation evidenced by the documented failure to maintain sanitary conditions within the operation.
      (1)   Except in the case of a violation that presents an immediate danger to the public health, prior to initiating an action to suspend or revoke a permit, the SSD and/or authorized employees, shall give the permit holder written notify specifying each violation and a reasonable time within which each violation must be corrected to avoid suspension or revocation of the permit. The SSD and/or authorized employee, may extend the time specified in the notice for correcting a violation, if the permit holder, in the sole discretion and determination of the SSD, is making a good faith effort to correct the alleged violation. If the permit holder fails to correct the violation in the time granted by the SSD, and/or authorized employee, the SSD, and/or authorized employee, may initiate an action to suspend or revoke the mobile vendor permit by giving the permit holder written notice of the proposed suspension or revocation.
      (2)   In the case of a violation that presents an immediate danger to the public health, the SSD, and/or authorized employee, may issue an immediate order of suspension or revocation of a mobile vending permit without giving written notice or affording the permit holder the opportunity to correct the violation.
   (c)   The permit holder may appeal the denial or proposed suspension or revocation of the mobile vending permit to the Mayor. In such cases, the Mayor is charged with presiding over the hearing and is authorized to render a decision denying, suspending or revoking a permit, or rendering a decision to dissolve or continue an issued suspension. A mobile vendor permit can be suspended for a period up to sixty (60) days.
   (d)   If a mobile vending permit has been revoked due to a violation of any of the regulations specifically set forth in this chapter, then such vendor may not reapply for a permit or permit to operate such a business within the City for a period of six (6) months after the date of revocation.
(Ord. 0-18-25. Passed 7-9-18.)