(A) Generally. Any permit issued under this section may be suspended or revoked at the discretion of the City Council for violation of any of the following:
(1) Subsequent knowledge by the city of fraud, misrepresentation or incorrect statements provided by an applicant on the application form;
(2) Fraud, misrepresentation or false statements made during the course of the permitted activity;
(3) Subsequent conviction of any offense to which the granting of the permit could have been denied under § 116.04;
(4) Engaging in any prohibited activity as provided under § 116.08 of this chapter; and/or
(5) Violation of any other provision of this chapter.
(B) Multiple persons under one permit. The suspension or revocation of any permit issued for the purpose of authorizing multiple persons to conduct business as peddlers or transient merchants on behalf of the permittee shall serve as a suspension or revocation of each authorized person's authority to conduct business as a peddler or transient merchant on behalf of the permittee whose license is suspended or revoked.
(C) Notice. Prior to revoking or suspending any permit issued under this chapter, the city shall provide a permit holder with written notice of the alleged violations and inform the permittee of his or her right to an appeal on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential address listed on the permit application, or if no residential address is listed, to the business address provided on the permit application.
(D) Council appeal. Upon receiving the notice provided in division (C) of this section, the permittee shall have the right to request an appeal. If no request for an appeal is received by the City Clerk within ten days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of a mailed notice, service shall be considered complete as of the date the notice is placed in the mail. If an appeal is requested within the stated time frame, an appeal shall be scheduled within 20 days from the date of the request for the appeal. Within three regular business days of the appeal, the City Council shall notify the permittee of its decision.
(E) Emergency. If, in the discretion of the City Council, imminent harm to the health or safety of the public may occur because of the actions of a peddler or transient merchant permitted under this chapter, the City Council may immediately suspend the person's permit and provide notice of the right to hold a subsequent Council appeal as prescribed in division (D) of this section.
(F) Court appeal. Any person whose permit is suspended or revoked under this section shall have the right to appeal that decision in court.
(Ord. 116, passed 4-24-13)