§ 114.15 PERMIT REVOCATION.

   Any permit issued under this subchapter may be revoked or suspended by the City Manager after notice and hearing for any of the following reasons:

   (A)   Fraud, misrepresentation or false statement contained in the application for a permit;

   (B)   Fraud, misrepresentation or false statement made by permit holder in the course of conducting solicitation or peddling activities;

   (C)   Conducting peddling or solicitation activities contrary to the provisions contained in the permit;

   (D)   Conviction for any crime involving moral turpitude; or

   (E)   Conducting peddling or solicitation activities in such a manner as to create a public nuisance, constitute a breach of the peace or endanger the health, safety or general welfare of the public.

(1984 Code, § 111.074) (Ord. O-21-04, passed 3-30-2004)

§ 114.16 NOTICE AND HEARING.

   Notice of a hearing for revocation of a permit issued under this subchapter shall be provided in writing and shall set forth specifically the grounds for the proposed revocation and the time and place of the hearing. Notice shall be mailed, postage prepaid, to the permit holder at the address shown on the permit application or at the last known address of the permit holder.

(1984 Code, § 111.075) (Ord. O-21-04, passed 3-30-2004)

§ 114.17 APPEALS.

   (A)   Any person aggrieved by the action or decision of the City Manager to deny, suspend or revoke a permit applied for under the provisions of this subchapter shall have the right to appeal such action or decision to the Board of Commissioners within 15 days after the notice of the action or decision has been mailed to the person’s address as shown on the permit application form, or to his or her last known address.

   (B)   An appeal shall be taken by filing with the City Clerk a written statement setting forth the grounds for the appeal.

   (C)   The Clerk shall transmit the written statement to the Board of Commissioners within ten days of its receipt and the City Clerk shall set a time and place for a hearing on the appeal.

   (D)   A hearing shall be set not later than 30 days from the date of receipt of the appellant’s written statement.

   (E)   Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of action or decision.

   (F)   The decision of the Board of Commissioners on the appeal shall be final and binding on all parties concerned.

(1984 Code, § 111.076) (Ord. O-21-04, passed 3-30-2004)

§ 114.18 CLAIMS OF EXEMPTION.

   Any person claiming to be legally exempt from the regulations set forth in this subchapter, or from the payment of a permit fee, shall cite to the City Manager the statute or other legal authority under which exemption is claimed and shall present to the City Manager proof of qualification for such exemption.

(1984 Code, § 111.077) (Ord. O-21-04, passed 3-30-2004)

ITINERANT MERCHANTS

§ 114.30 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ITINERANT VENDORS. All persons who engage in or conduct a temporary or transient business in the city for selling goods, wares and merchandise, with the intention of continuing in that business in the city for a period of not more than 120 days within a 12-month period.

   TELEPHONE SOLICITORS. All persons whose primary occupation is to engage in the practice or business of soliciting customers or contributions by telephone within the city, with the intention of continuing in that business in the city for a period of not more than 120 days within a 12-month period.

(1984 Code, § 111.140) (Ord. O-75-81, passed 9-22-1981; Ord. O-44-82, passed 7-20-1982)

§ 114.31 LICENSE REQUIRED.

   (A)   (1)   No person shall engage in the business or trade of itinerant vendor or telephone solicitor without having first obtained a license from the Finance Department pursuant to the city’s occupational license tax ordinance, and further posting a surety bond of $250 per employee or depositing cash with the Finance Department in the amount of $250 per employee.

      (2)   The bond or deposit shall be held to assure the annual filing of tax returns with the city.

   (B)   If the tax return is not filed, or if the occupational taxes are not paid, then the Finance Department is authorized to apply the amount of cash or deposit toward the estimated tax due or to proceed against the surety for the amount of estimated tax due.

   (C)   After all taxes have been paid, the Finance Department is authorized to refund all amounts held or to release the surety on the bond.

(1984 Code, § 111.141) (Ord. O-75-81, passed 9-22-1981; Ord. O-44-82, passed 7-20-1982) Penalty, see § 114.99

VENDING CART SALES

§ 114.45 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   GOODS. Previously prepared food or non- alcoholic beverages including hot dogs, pretzels and similar food items, but not including fruits and vegetables or raw or unprocessed food products such as fish or poultry.

   PASSAGEWAY. An unobstructed pedestrian walkway measured from the closest portion of the vending cart to any building, property line, public amenity or fixture or curb line of the street.

   VENDING CART.

      (1)   A two or four wheeled vehicle designed to carry goods permitted under this subchapter. Such vehicles shall not be propelled through the use of a motor or motor vehicle; and

      (2)   The dimensions of such vehicles shall not exceed the following: six feet in length; four feet wide; and seven feet high. Umbrellas shall be six feet in diameter.

   VENDOR. Any person engaged in selling goods for immediate delivery upon purchase and operating exclusively from public space.

(1984 Code, § 111.500) (Ord. O-76-88, passed 9-13-1988)