(A) Generally. Any license issued under this section may be suspended or revoked at the discretion of the City Council for violation of any of the following:
(1) Subsequent knowledge by the city of fraud, misrepresentation or incorrect statements provided by an applicant on the application form.
(2) Fraud, misrepresentation or false statements made during the course of the licensed activity.
(3) Subsequent conviction of any offense to which the granting of the license could have been denied under § 113.04.
(4) Engaging in any prohibited activity as provided under § 113.09 of this chapter.
(5) Violation of any other provision of this chapter.
(B) Multiple persons under 1 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 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.
(D) Public hearing. Upon receiving the notice provided in division (C) of this section, the licensee shall have the right to request a public hearing. If no request for a hearing is received by the City Clerk within 10 days following the service of the notice, the city may proceed with the 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 time frame, a hearing shall be scheduled within 20 days from the date of the request for the public hearing. Within 3 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) of this section.
(F) Appeal. Any person aggrieved by the action of the the City Clerk in denying a permit may appeal to the Council. The appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on the appeal and notice of the hearing shall be given to the appellant in the same manner as provided in § 113.06 for notice of hearing on revocation.
(Ord. 588, passed 12-14-2009)