.010 The City Council shall have the right to terminate or to suspend any franchise awarded hereunder for the reasons and pursuant to the procedures set forth in this section.
.020 A notice of intent to terminate a nonexclusive franchise shall be personally delivered or mailed by certified mail, at the discretion of the City, to the party named and to the address given on the application pursuant to which such nonexclusive franchise was issued. The notice shall state the grounds for termination or suspension and shall give the franchisee notice of a hearing before the City Council thereon, which shall be convened no more than 15 days after the date of notice unless the time for such hearing is extended by mutual agreement. The hearing shall be conducted and closed, and a decision rendered thereon, within 60 days after the date of the notice unless the time therefor is extended by mutual agreement.
.030 The City Council shall have the right to terminate, by ordinance, any nonexclusive franchise granted pursuant to this chapter if the City Council finds, based upon a preponderance of the evidence, after a public hearing, that the franchisee has failed to comply with any term, condition or other requirement of the franchise or has failed to pay the franchise fees required under this chapter; or has violated any provision of the ordinance granting the nonexclusive franchise, or any law, ordinance or taxi regulation of the City, the state of California, or the United States in connection with the performance of the nonexclusive franchise; or the franchisee’s conduct demonstrates that the franchisee is unable or unwilling to comply with the terms of the nonexclusive franchise.
.040 In its discretion, the City Council may appoint a hearing officer to conduct such revocation hearing, receive such evidence as is properly introduced, take testimony thereon, and render a recommendation to the City Council on the issue before the hearing officer. The hearing officer shall be selected by the mutual agreement of the parties by alternately striking names from a list provided by the California State Mediation and Conciliation Service. The expenses of the hearing officer shall be shared equally by the city and the franchisee. If the franchisee fails to timely participate in the process of selection of the hearing officer, the City Council may appoint such a hearing officer who will be compensated by the City.
.050 At a regularly scheduled meeting held within sixty (60) days of the issuance of the hearing officer’s recommendations, the City Council may by motion adopt, reject or modify and adopt the findings of the hearing officer by a vote of no less than three (3) members. If the recommendation of the Hearing Officer is rejected, the City Council shall determine the issue at that time and may instruct the City Attorney to prepare a proposed written decision incorporating the conclusions of the City Council. The City Council shall adopt or modify such proposed decision by motion within twenty-one (21) days of its decision. The adoption of a dispositive motion by the City Council shall conclude the administrative process. Notice of the decision of the City Council shall be provided by certified mail to the franchisee. (Ord. 5765 § 1; April 24, 2001: Ord. 6456 § 1 (part); January 15, 2019: Ord. 6560 § 3; October 17, 2023.)