(A) Grantor’s right to revoke. The grantor reserves the right to revoke, terminate or cancel a franchise if it is determined that a grantee has violated any material provision of its franchise or this chapter and has failed to substantially cure said violation.
(B) Procedures for revocation.
(1) The grantor shall provide a grantee with written notice of a cause for revocation and the intent to revoke and shall allow grantee 60 days subsequent to receipt of the notice in which to substantially cure the violation or to provide adequate assurance of performance. If grantor determines grantee has satisfactorily corrected the violation upon which such notice was given within the 60 days, the initial notice shall become void. However, if grantor determines grantee has failed to cure the violation, grantor shall provide to grantee in writing notice of the remaining violations that are the basis of the revocation.
(2) The grantee shall be provided the right to a public hearing affording due process before the grantor Council prior to revocation, which public hearing shall follow the 60-day notice provided in division (B)(1) above. Following any such public hearing, grantor shall provide grantee with written notice of its decision together with written findings of fact supporting said decision.
(3) After the public hearing and upon written determination by grantor to revoke the franchise, grantee may appeal said decision to the Circuit Court, Sixth Judicial Circuit, of the county.
(4) During any appeal period, the franchise shall remain in full force and effect unless the term thereof sooner expires.
(C) Sale or transfer of franchise. No sale or transfer of a franchise shall take place without the written approval of the grantor, which approval shall not be unreasonably withheld. All of the rights, privileges, obligations, duties and liabilities created by this franchise shall pass to and be binding upon the successor or assign of a grantee. The grantor may, at its sole discretion, waive such approval where a grantee grants to grantor a security interest in its franchise and assets to secure indebtedness.
(Prior Code, § J-1-7) (Ord. 991, passed - -) Penalty, see § 10.99