(A) General. The City Administrator shall by service of notice suspend for a period of not more than 60 days, or revoke any registration or permit under the authority of this chapter for any of the following reasons:
(1) The conviction of the registrant of any of the offenses set forth in § 113.04 of this chapter;
(2) The conviction of the registrant or permittee under any ordinance of any City or the laws of the United States, the State of Minnesota or any other state involving fraud, misrepresentation or embezzlement during the effective period of the registration or permit;
(3) The use of any fraud, misrepresentation, trick, or deception in carrying out or promoting a regulated activity;
(4) The refusal of the registrant or permittee to exhibit proof of registration under this chapter to any official or law enforcement officer of the City;
(5) The representation upon the application form or otherwise that the registrant or permittee is an employee, agent or representative of any person whom the registrant does not, in fact, represent;
(6) The refusal or failure of the registrant or permittee to leave the property or premises of others when requested to leave by the owner or occupant thereof;
(7) The making of any false statement or misrepresentation by the registrant or permittee to gain entrance to any building or structure within the City;
(8) The use of any false or fraudulent statement, whether written or oral, or any misrepresentation concerning the price, terms of payment, quality, quantity or delivery of personal property, goods, wares, merchandise or services; and
(9) The violation by the registrant or permittee of any other provisions of this chapter.
(B) Multiple persons under one license. The suspension or revocation of any license issued for the purpose of authorizing multiple persons to conduct business as peddlers or transient merchants on behalf of the licensee 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 licensee whose license is suspended or revoked.
(C) Notice. Prior to revoking or suspending any license issued under this chapter, the City shall provided the license holder with written notice of the alleged violations and inform the licensee of his or her right to a hearing on the alleged violation. Notice shall 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.
(D) Public hearing. Upon receiving the notice provided in division (C) above, the licensee shall have the right top request a public hearing. If no request is received by the City Clerk-Treasurer within ten 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 shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated timeframe, a hearing shall be scheduled within 20 days from the date of the request. Within three regular business days of the hearing, the City Council shall notify the licensee 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 licensed under this chapter, the City Council may immediately suspend the person’s license and provide notice of the right to hold a subsequent public hearing as prescribed in division (C) above.
(F) Appeals. Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court.
(Prior Code, § 1103.05)