(A) Grantor's right to revoke. Grantor reserves the right to revoke, terminate or cancel a franchise, if after strictly following the procedures required by division (B) herein, 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) 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. Together with the notice required herein, grantor shall provide grantee with written findings of fact which are the basis of the revocation.
(2) 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. Grantor shall provide grantee with written notice of its decision together with written findings of fact supplementing said decision.
(3) After the public hearing and upon written determination by grantor to revoke the franchise, grantee may appeal said decision with an appropriate state or federal court or agency.
(4) During the appeal period, the franchise shall remain in full force and effect unless the term thereof sooner expires.
(5) Upon satisfactory correction by grantee of the violation upon which said notice was given, the initial notice shall become void.
(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. Said approval shall not be required where a grantee grants a security interest in its franchise and assets to secure indebtedness.
(Ord. passed 9-16-2021)