(A) Generally. Any license issued under this section may be suspended or revoked for a violation of any of the following:
(1) Fraud, misrepresentation or incorrect statements on the application form.
(2) Fraud, misrepresentation or false statements made during the course of the licensed activity.
(3) Conviction of any offense for which granting of a license could have been denied under § 119.33.
(4) Violation of any provision of this chapter.
(B) Notice. Prior to revoking or suspending any license issued under this chapter, the city must provide the license holder with written notice of the alleged violations and inform the licensee of the licensee’s right to a hearing on the alleged violation. Notice must be delivered in person or by mail to the permanent residential address listed on the license application, or if no residential address is listed, to the business address provided on the license application.
(C) Administrative hearing. Upon receiving the notice provided in division (C) of this section, the licensee has the right to request an administrative hearing. If no request for a hearing is received by the city within 14 regular business days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of mailed notices, service is considered complete as of the date the notice is placed in the mail. If a hearing is requested within the stated time frame, a hearing must be scheduled within 30 days from the date of the request. If the Hearing Officer determines that a violation of this chapter did occur, that decision, along with the Hearing Officer's reasons for finding a violation and the penalty to be imposed, must be recorded in writing, a copy of which must be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, the findings must be in writing and a copy provided to the licensee.
(D) Emergency. If, in the discretion of the city, imminent harm to the health or safety of the public may occur because of the actions of a peddler/solicitorlicensed under this chapter, the city may immediately revoke the person's license and provide notice of the right to hold a subsequent administrative hearing as prescribed in division (C) of this section.
(E) Appeals. The final decision of the administrative Hearing Officer is appealable by petitioning the Minnesota court of Appeals for a Writ of Certiorari.
(Ord. 2018-1235, passed 8-27-18) Penalty, see § 10.99