(A) The Chief of Police, or his or her designee, shall suspend any permit issued under this chapter, if he or she finds:
(1) The permittee in its operation is, in fact, perpetrating a fraud upon members of the general public;
(2) Except as otherwise permitted by law, the permittee is soliciting on private property after being requested to cease that solicitation by the owner, tenant or person in apparent control of that property;
(3) The permittee inhibits any other person's ability to continue on that other person's path of travel to or from any structure or vehicle; or
(4) The permittee fails to follow valid directions of a city peace officer.
(B) The permittee whose permit has been suspended pursuant to this section may appeal that suspension order to the Chief Executive Officer (CEO), or his or her designee, subject to the following:
(1) There shall be no cost charged to the permittee for that appeal;
(2) The CEO shall schedule and hold the hearing for that appeal within ten days after the appeal is filed;
(3) The CEO shall allow the Chief of Police, or his or her designee, and the permittee, or his or her or its representative, to provide testimony and evidence at that hearing. The city will record the proceedings at the hearing by an audio recorder, court reporter or other method agreed to by the CEO and permittee;
(4) The CEO shall issue his or her decision within three business days after the hearing is concluded;
(5) The Chief of Police shall have the burden of proof, by a preponderance of evidence, to show the permit should have been suspended;
(6) The time periods for the appeal may be extended at the permittee's request;
(7) The suspended permit shall not be effective unless the CEO decides in the permittee's favor or any of the time periods established in divisions (B)(2), (B)(4) or (B)(6) of this section lapse without any decision from the CEO; and
(8) The CEO's decision is final and no other administrative appeal is available.
('83 Code, § 5.48.040) (Am. Ord. 1326, passed 4-15-09)