(A) Reasons for revocation, suspension, nonrenewal. A license may be suspended, revoked or not renewed for the following reasons:
(1) Fraud, misrepresentation, or false statement contained in the application for license;
(2) Fraud, misrepresentation, or false statement made in the course of carrying on the licensee’s activity;
(3) Any violation of this article;
(4) Conducting the activity in an unlawful manner or in a manner so as to constitute a nuisance or to constitute a menace to the health, morals, safety, or general welfare of the public;
(5) Violation of any special conditions under which the license was granted;
(6) Violation of any state or federal law regulating the sale of food or beverages; or
(7) Decision by the City Council to discontinue granting vending cart licenses.
(B) Hearing. There shall be a hearing on the alleged violation or staff-recommended nonrenewal. The City Council shall conduct the hearing or the City Council may appoint a hearing officer to hold the hearing. The hearing officer need not be an administrative law judge. Such hearing shall be held upon written notice to the licensee served by certified mail not less than 15 days before the hearing date, stating the date, time and purpose thereof. In all cases, only the City Council may determine the penalty.
(C) Penalties. If the City Council finds there has been a violation of the conditions of operation and decides license suspension is appropriate, the following penalties shall be imposed:
(1) First offense: license suspension for 15 days;
(2) Second offense within 24 months: license suspension for 30 days; and
(3) Three or more offenses within 24 months: license revocation.
(‘81 Code, § 15-52) (Ord. 574, § 3, 5-12-94)