(A) It is a violation of this chapter for any person to provide false information on any permit application.
(B) It is a violation of this chapter for a person to operate a mobile food unit that fails to meet all the requirements of this chapter.
(C) It is a violation of this chapter for a mobile food vendor to fail to display the permit or other required documents, including proof of insurance or fire inspection, to a law enforcement officer or Town Inspector on demand.
(D) The town shall give written notice of a violation to the permittee or designated agent that may result in the suspension or revocation of the permit. The notice shall include a description of the violation, the statutory or code reference, how the permittee can comply with the requirements, a description of the process whereby a hearing may be requested, the time limit for requesting a hearing, and a warning that failure to timely request a hearing may result in suspension or revocation of the permit. The notice shall be served on the permittee or designated agent by either personal service or registered/certified mail. Service of the notice shall be deemed complete upon mailing to, or personal service on, the permittee or designated agent.
(E) The permittee or designated agent receiving a notice under this section may request a hearing pursuant to § 110.40. If the permittee fails to comply with the requirements of this chapter by the date provided in the notice, the town may suspend or revoke the permit, as provided in this section.
(F) In addition to any penalties set forth in this chapter, a permit shall be suspended if, during the term of the permit, the permittee or a controlling person has violated any of the provisions of this chapter. During the suspension period, the permittee shall not operate any mobile food unit associated with the suspended permit. If a fine is associated with the violation that is the basis for suspension, the suspension may continue beyond the period set forth in this division until such time as the permittee pays the fine. The penalty for a suspension of a permit shall be:
(1) For the first suspension of a permit during a 12-month period, the permit shall be suspended up to 14 calendar days in addition to other penalties and fines.
(2) For the second suspension of a permit during a 12-month period, the permit shall be suspended for a minimum of 15 calendar days up to a maximum of 30 calendar days in addition to penalties and fines.
(3) For the third suspension of a permit during a 12-month period, the permit shall be revoked.
(G) In addition to a revocation for a third suspension as set forth above, the town may revoke a permit issued pursuant to this chapter if the town determines that:
(1) A mobile food unit associated with the suspended permit was operated in the town during the suspension period;
(2) A permittee, designated agent, or controlling person, following the issuance of a permit, is convicted of any offense listed in § 111.04(F)(7);
(3) The permittee or designated agent operated, or attempted to operate, a mobile food unit without a permit;
(4) The town previously issued three or more notices of suspension or violation within a six-month period;
(5) The permittee or controlling person has not complied with a provision of this chapter, or has failed to provide information as required by this chapter;
(6) The application fee, permit fee, or any transaction privilege tax has not been paid; or
(7) The permittee fails to pay outstanding fines or resolve any violations.
(H) If a permit is revoked pursuant to this section, the permit and its controlling person(s) may not apply for a permit under this chapter for a period of one year from the date of revocation.
(Ord. 673-19, passed 5-6-2019)