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Any person aggrieved by the action of the city in the denial of a permit shall have the right to appeal to the City Commission. Such appeal shall be taken by filing with the Mayor, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The Mayor shall set a time and place for a hearing on such appeal and notice of the time and place of such hearing shall be given to the appellant. The notice shall be in writing and shall be mailed, postage prepaid, to the applicant at his or her last known address at least five days prior to the date set for hearing, or shall be delivered by a police officer in the same manner as a summons at least three days prior to the date set for hearing.
(1994 Code, § 9-205)
Every permittee shall file with the city a surety bond running to the city in the amount of $1,000. The bond shall be conditioned that the permittee shall comply fully with all the provisions of the ordinances of the city and the statutes of the state regulating peddlers, canvassers, solicitors, transient merchants, itinerant merchants or itinerant vendors, as the case may be, and shall guarantee to any citizen of the city that all money paid as a down payment will be accounted for and applied according to the representations of the permittee, and further guaranteeing to any citizen of the city doing business with said permittee that the property purchased will be delivered according to the representations of the permittee. Action on such bond may be brought by any person aggrieved and for whose benefit, among others, the bond is given, but the surety may, by paying, pursuant to order of the Court, the face amount of the bond to the Clerk of the Court in which the suit is commenced, be relieved without costs of all further liability.
(1994 Code, § 9-206)
No permittee, nor any person in his or her behalf, shall shout, cry out, blow a horn, ring a bell or use any sound amplifying device upon any of the sidewalks, streets, alleys, parks or other public places of the city or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the adjacent sidewalks, streets, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such permittee proposes to sell.
(1994 Code, § 9-207) Penalty, see § 10.99
(A) No permittee shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location thereon, nor shall any be permitted to operate in a congested area where the operation might impede or inconvenience the public use of the streets. For the purpose of this subchapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced.
(B) A written statement from the property owner shall be required validating that the applicant has the authority to set up a vendor location on a temporary basis at the site listed in the application.
(1994 Code, § 9-208) (Ord. 824, passed 8-27-2018)
Penalty, see § 10.99
Permittees are required to exhibit their permits at the request of any police officer or citizen.
(1994 Code, § 9-209) Penalty, see § 10.99
(A) Permits issued under the provisions of this subchapter may be suspended or revoked by the CityManager or Chief of Police for any violations as set forth below:
(1) Fraud, misrepresentation or incorrect statement contained in the application for permit, or made in the course of carrying on the business of solicitor, canvasser, peddler, transient merchant, itinerant merchant or itinerant vendor;
(2) Any violation of this subchapter;
(3) Conviction of any crime or misdemeanor; or
(4) Conducting the business of peddler, canvasser, solicitor, transient merchant, itinerant vendor, as the case may be, 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) Suspension or revocation of a permit shall be given in writing, setting forth the specific grounds of the complaint and violations. Persons that have had permits revoked or suspended may appeal in writing to the City Manager to request a hearing be set within ten days.
(C) When reasonably necessary in the public interest, the Mayor may suspend a permit pending the revocation hearing.
(1994 Code, § 9-211) (Ord. 824, passed 8-27-2018)
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