(A) The Fire Marshal or Director may suspend a mobile food vendor permit issued under this chapter without prior notice or hearing if the Fire Marshal or Director determines that:
(1) The mobile food vendor permit holder, the manager, or an employee of the mobile food vendor has violated a requirement of this chapter;
(2) The mobile food vendor or mobile food vending unit does not comply with this chapter; or
(3) The mobile food vendor permit holder does not qualify for a permit under this chapter.
(B) If the Fire Marshal or Director suspends a mobile food vendor permit:
(1) The Director shall give written notice to the mobile food vendor permit holder that the mobile food vendor permit is immediately suspended on receipt of the notice.
(2) The mobile food vendor permit holder shall immediately close the mobile food vending unit.
(3) Any mobile food vendor permit which has been suspended under this chapter shall be surrendered upon demand to the Director. At the end of the period of suspension, in the absence of further violations, the surrendered mobile food vendor permit shall be returned to the mobile food vendor permit holder and shall be valid under the provisions of this code. If the period of suspension extends beyond the normal expiration date of the mobile food vendor permit, the mobile food vendor permit holder shall pay all mobile food vendor permit fees without proration in order to receive a valid mobile food vendor permit.
(C) Suspension of a mobile food vendor permit is effective on receipt of notice.
(D) A mobile food vendor permit holder may file with the Director a written request for a hearing on a mobile food vendor permit suspension. The request must be filed not later than the tenth day after the date of receipt of notice of suspension.
(E) If a mobile food vendor permit holder timely files a hearing request:
(1) The Director shall hold a hearing on the permit suspension not later than the fourteenth day after the date the hearing request is filed.
(2) At such hearing, the mobile food vendor permit holder may present information to the Director addressing the Director’s suspension of a mobile food vendor permit and reasons, if any, that the mobile food vendor permit holder believes the suspension is not warranted.
(F) If a hearing request is not timely filed, a suspension continues in effect.
(G) After hearing, the Director shall give written notice to the mobile food vendor permit holder as to whether suspension is continued in effect after a hearing under division (E).
(H) The Director may reinstate a permit if the reason for suspension no longer exists.
(Ord. 2020-32, passed 8-25-20)