(A) Following notice and hearing on the matter, any license issued pursuant to the provisions of this subchapter to any itinerant merchant, transient merchant or itinerant vendor may be revoked by act of the Mayor for any of the following causes:
(1) Any fraud, misrepresentation or false statement contained in the application for the license;
(2) Any fraud, misrepresentation, deception, deceit or false statement made in connection with the selling of any goods, wares, merchandise or chattle;
(3) Any violation of any provisions of this subchapter;
(4) The conviction of the licensee of any felony of any nature or of any misdemeanor involving moral turpitude; or
(5) The conducting of the business, occupation or activity licensed by this subchapter in an unlawful manner or in any manner which constitutes a breach of the peace or a menace to the health, safety or general welfare of the public.
(B) No license shall be revoked as herein provided until hearing on the matter shall have been held before the Mayor, at which hearing the licensee whose license is at issue therein shall have the right to submit any evidence and present any arguments relevant to the matter of the revocation. Notice of the hearing shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. The notice shall be sent by registered mail, postage prepaid, to the licensee, at the last known address of the licensee, at least five days prior to the date set for the hearing. Any licensee aggrieved by any license revocation as hereinabove provided shall have the right to appeal the revocation to the City Council. The appeal shall be perfected by filing, with the City Council, a written statement setting forth the grounds for the appeal, the statement to be filed no later than 14 days after the day on which notice of the Mayor’s official act of revocation is mailed to the last known address of the licensee. The City Council shall set the time and place for a hearing on the appeal and notice thereof shall be given to the appellant therein by registered mail, postage prepaid, at his or her last known address. The order of the City Council on the appeal shall be final.
(C) It shall be unlawful for any person, firm, partnership, corporation, association, receiver or trustee to engage in any business, occupation or activity as an itinerant merchant, transient merchant or itinerant vendor within the city at any time after any license, issued pursuant to the provisions of this subchapter, shall have been revoked as herein provided; provided, however, that, nothing herein shall be construed to prohibit any person, firm, partnership, corporation, association, receiver or trustee from engaging in the business, occupation or activity during any time after the perfecting of an appeal of the revocation to the City Council and before the decision of the City Council denying the appeal; and provided, further, that, nothing herein shall be construed to prohibit any person, firm, partnership, corporation, association, receiver or trustee from engaging in the business, occupation or activity pursuant to the authority of any license issued, pursuant to the terms of this subchapter, subsequent to the revocation.
(Prior Code, § 10-108) Penalty, see § 10.99
Statutory reference:
Related provisions, see Neb. RS 17-134