(A) Grounds for suspension or revocation of permit. A peddler’s or solicitor’s permit may be denied, suspended, or revoked for any of the following reasons:
(1) The peddling or solicitation carried on pursuant to the permit violates the requirements of this chapter;
(2) An investigation reveals that the applicant falsified or misrepresented information on the application;
(3) The applicant/permittee is found to have been convicted of a felony, misdemeanor, or ordinance violation involving a sex offense, trafficking in controlled substances, or any violent acts against persons or property, the conviction being entered within the five years preceding the date of application or investigation;
(4) The applicant/permittee is person against whom a civil judgment based upon, or criminal conviction for, fraud, deceit, or misrepresentation has been entered within five years immediately preceding the date of application or investigation;
(5) The applicant/permittee has committed fraud, misrepresentation, or made false statements in the course of carrying on the business;
(6) There is no proof as to the authority of the applicant to serve as an agent to the principal;
(7) The applicant has been denied a permit under this chapter within the immediate past year, unless the applicant can and does show to the satisfaction of the City Manager or designee that the reasons for the earlier denial no longer exist;
(8) The applicant/permittee has violated code or the El Mirage Tax Code within the five years preceding the date of the application or investigation; and/or
(9) The applicant/permittee has conducted business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
(B) Revocation procedure. When grounds for a license suspension or revocation exist, the City Manager shall give the permittee written notice of a license revocation or suspension hearing. The notice of hearing shall be given pursuant to this chapter and shall contain the following information:
(1) The grounds relied upon for the suspension or revocation, including citations to applicable city code provisions;
(2) The date, time, and place of the hearing, which shall be not less than ten days nor more than 15 days from the giving of notice;
(3) The permittee shall have the right to present evidence at the hearing and to be represented by legal counsel if the licensee so chooses; and
(4) The license will be suspended or revoked at the date and time of the hearing unless the permittee appears to contest the revocation or suspension.
(C) Revocation hearing.
(1) At the time of the revocation hearing, the City Manager will state the grounds for suspension or revocation and shall disclose any supporting evidence to the permittee. The permittee may then present evidence in rebuttal. The evidence adduced at the hearing may either be through live testimony, documentary evidence, or other materials.
(2) The City Manager may rule on the revocation at the close of the evidence and argument, but shall enter a ruling within ten days of the completion of the hearing.
(3) The ruling of the City Manager shall be in writing and signed by the City Manager and shall contain the City Manager’s findings in respect to the allegations and the evidence supporting the findings. No license shall be revoked unless the City Manager finds by a preponderance of the evidence that one or more of the grounds alleged for revocation are true. The City Manager shall give notice of the ruling as provided in this chapter and any revocation of a license shall be effective when notice is given to the licensee, as applicable, and:
(a) The time permitted for filing a notice of appeal, pursuant to division (D) below has expired without a notice of appeal having been filed;
(b) The revocation has been affirmed by the City Manager following the hearing of a timely filed notice of appeal; and/or
(c) The applicant/permittee party has filed a timely notice of appeal, but has abandoned the appeal prior to any hearing and ruling by the City Manager.
(4) When a revocation becomes effective, the affected permittee shall surrender the permit to the City Manager immediately and shall no longer conduct any business pursuant to the permit.
(5) Provisions to the contrary notwithstanding, following a ruling by the City Manager as provided in division (C)(3)(b) above, the City Manager may declare that the subject permit be revoked immediately, if in the reasonable judgment of the City Manager, the continuation of activities or conduct licensed or permitted constitutes an unreasonable danger to the health or safety of any individual or the community in general. A revocation made effective under the provisions of this division shall be reactivated immediately upon the successful determination of an appeal brought by the applicant/permittee.
(D) Appeal.
(1) An applicant/permittee may appeal the suspension or the revocation of a permit to the City Council by filing a written notice of appeal with the City Clerk not later than ten days after the City Manager has taken the action to be appealed from. The right to appeal is waived if the notice of appeal is not timely filed.
(2) This chapter contains all the appellate relief to which an applicant/permittee is entitled through city procedures. The exhaustion of appellate remedies at the city level does not preclude an applicant/permittee from seeking any other remedies provided by law.
(E) Appeal procedure.
(1) Upon receipt of a written notice of appeal, the City Clerk shall set an appeal hearing within 21 days and shall give notice of the hearing as provided in this chapter.
(2) When required in the interest of fairness, the City Manager may grant continuances of the hearing, but all hearings on license revocations and suspensions shall be heard not later than 45 days from the date on which the notice of appeal was filed.
(3) An appellant may be represented by counsel at the hearing and the city may be represented by the City Attorney’s or City Prosecutor’s Office. Formal rules of evidence shall not apply. Both the appellant and the city shall have the right to present evidence through testimony or exhibits and to cross-examine witnesses. The Mayor and City Council shall preside over the proceedings and shall determine the order and manner of proof.
(4) At the conclusion of the hearing, the City Council shall rule on the appeal within ten working days, unless all parties stipulate that additional time is required to render a fair decision. The City Council shall sustain the action appealed if it is supported by a preponderance of evidence. The city appellant shall be notified of the ruling in writing, by mail, whether or not the ruling is made at the conclusion of the evidence at the time of the hearing.
(5) When a permit revocation is the subject of an appeal under this section, the revocation shall not be effective unless it is sustained by the City Council. The revocation shall be effective immediately when the ruling is made by the City Council at the time of the hearing, or upon mailing of the written notice of ruling as provided in this section, when the ruling is made at a time after the hearing is concluded. The permittee shall surrender all revoked permits to the City Manager, or to such city representative as the City Manager may direct, whenever the revocation becomes effective.
(F) Record of proceeding. Proceedings made pursuant to division (E) above shall be recorded stenographically, on magnetic voice tape or on videotape. The resulting record shall be maintained as a public record of the city for such period of time as may be required by law, but in no event for less than one year.
(G) Use of criminal history information.
(1) Any use or disclosure of criminal history information in the implementation of this chapter shall be only under the terms and conditions of A.R.S. § 41-1750. All other use of the information is prohibited.
(2) Criminal history information obtained pursuant to A.R.S. § 41-1750 shall not be disclosed to the public. Should the disclosure and discussion of the information become necessary during any hearing or proceeding that is otherwise open to the public, the disclosure and discussion shall be in camera. “In camera”, as used herein, means disclosure or discussion of criminal history information only to those who are authorized by law to know the disclosed information.
(H) Reapplication.
(1) Any person who, pursuant to this chapter, has previously been denied a permit or renewal, or who has had a license revoked, may reapply for a permit of the same character at any time after the decision affecting the applicant’s permit has become final and is no longer subject to appeal pursuant to this chapter. No new permit may be issued to the applicant except upon full compliance with this chapter.
(2) Any person who, pursuant to this chapter, has previously been denied a permit or renewal, or who has had a permit revoked because false or misleading information was given in any permit application, or was submitted in support of the application, or the applicant or permittee failed or refused to make full disclosure of all information required for the completion of the application, shall not be permitted to apply for any permit to which this chapter applies until two years after the decision affecting the applicant’s license has become final and is no longer subject to appeal pursuant to this chapter.
(Prior Code, § 8-1-6)