(a) Issuance. A vendor permit shall be issued upon full completion, review and approval of the application required by this section, except that no vendor permit will be issued to an operator, or any person affiliated with the operator for purposes of operating as a transient merchant that is the subject of a suspended vendor permit or has held a revoked permit within the prior twelve (12) month period.
(b) Fees. Fees shall be set by the Director of Public Service and Safety and published in a list of permit fees to be maintained in the City of Jackson Memorial Building, Office of the Director of Service and Safety.
(c) Expiration. A vendor permit expires on the date twelve (12) months after issuance and may be renewed provided that all City requirements are met and the license has not been suspended or revoked.
(d) Transferability. A vendor permit may not be transferred.
(e) Enforcement.
(1) Warning. The City Code Enforcement Officer and/or an officer of the Jackson Police Department may provide one (1) warning to any operator for a violation of this section except that a citation shall be issued as set forth in the section.
(2) Citation. The City Code Enforcement Officer and/or an officer of the Jackson Police Department must issue a citation to the transient merchant for a second violation found to have occurred after a warning was issued within the previous six (6) months.
(3) An officer of the Jackson Police Department must issue a citation to the transient merchant for any violation that constitutes ground for revocation of a transient merchant permit.
(4) Suspension. A vendor permit shall be suspended until reinstatement upon issuance of a citation for any of the following reasons:
A. A second violation of this section is found to have occurred after a warning has been issued within the previous six (6) months.
B. The required vehicle license, health permit, or business tax license for the operator or the transient merchant vehicle has expired or been suspended, revoked or otherwise terminated.
C. The Operator fails to obtain or maintain the insurance coverages required by this section.
(5) Revocation. Permits may be revoked for any of the following reasons:
A. Fraud, misrepresentation or false statements contained in the application for the license.
B. Fraud, misrepresentation or false statement made in the course of carrying on the business.
C. After two suspensions within a twelve (12) month period.
D. The operator operates in an unlawful manner such a manner as to constitute a disturbance of the peace, interferes with the normal use of the right-of-way, or otherwise constitutes a menace to the health, safety or general welfare of the public.
(6) Reinstatement.
A. Suspension. An operator may reinstate a suspended Vendor permit by payment of a fee of five hundred dollars ($500.00) to offset the City’s cost of compliance measures, necessary inspections, and the correction of any circumstance that leads to the suspension.
B. Revocation. The City may allow an operator to reapply for a vendor permit after twelve (12) months from the date of revocation. The operator shall correct all circumstances that led to the violations, the operator shall pay a fee in the amount of five hundred dollars ($500.00) to offset the City’s costs of compliance measures, necessary inspections, and the circumstances that led to the suspension have been corrected.
(f) Notice of Denial, Suspension or Revocation. Upon denial, suspension or revocation of a vendor permit, the City shall give notice to the operator in writing. There shall be no refund of any other fee paid to the City.
(g) Appeal. Citations may be appealed to the Mayor, whose decision, which will be based upon a written summation of the facts submitted to the office charged with transient merchant compliance (City Code Enforcement Officer and the Jackson Police Department) and the permit holder is final.
(Ord. 53-21. Passed 8-23-21.)