(A) The following shall be grounds for denying, suspending, or revoking a peddler, solicitor, or transient merchant license:
1. The failure of an applicant to obtain and demonstrate proof of having obtained any required county license.
2. The failure of an applicant to truthfully provide any information requested by the city as part of the application process.
3. The failure of an applicant to sign the license application.
4. The failure of an applicant to pay the required fee at time of application.
5. A conviction within the past five (5) years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person's ability to conduct the business for which the license is being sought in a professional, honest and legal manner. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person.
6. The revocation within the past five (5) years of any license issued to an applicant for the purpose of conducting business as a peddler, solicitor, or transient merchant.
7. Any violations of this chapter.
(B) Multiple Persons Under One License: The suspension or revocation of any license that authorized multiple persons to conduct business as peddlers, solicitors, 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, solicitor, or transient merchant on behalf of the licensee whose license is suspended or revoked.
(C) Notice:
1. Prior to denying, revoking, or suspending any license issued under this chapter, the city shall provide a 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.
2. Hearing: Upon receiving the notice provided in part (C)1 of this section, the licensee shall have the right to request a hearing before a hearing officer. If no request for a hearing is received by the City Clerk within ten (10) days following the service of the notice, the city may proceed with the denial, 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 a public hearing is requested within the stated timeframe, a hearing shall be scheduled within twenty (20) days from the date of the request for the public hearing. Within three (3) regular business days of the hearing, the hearing officer shall notify the licensee and the city of its decision.
3. Emergency: If, in the discretion of the city, imminent harm to the health or safety of the public may occur because of the actions of a peddler, solicitor, or transient merchant licensed under this ordinance, the city may immediately suspend the person's license and provide notice of the right to hold a subsequent public hearing as prescribed in subsection (C)2 of this section.
4. Appeal: Any person whose license is suspended or revoked under this section, and has exhausted the appeal procedure in this section, shall have the right to appeal that decision in court so long as it is appealed within twenty (20) days of the hearing officer's decision. (Ord. 023-778, 11-20-2023, eff. 1-1-2024)