A. City Council Action: Any license or registration issued under this chapter may be suspended or revoked at the discretion of the city council for violation of any of the following:
1. Fraud, misrepresentation, or incorrect statements on the application form;
2. Fraud, misrepresentation, or false statements made during the course of the license activity;
3. Conviction of any offense for which granting of a license could have been denied under this chapter;
4. Violation of any provision of this chapter; or
5. Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
B. Notice: Prior to revoking or suspending any license issued under this chapter, the city shall provide the license holder with written notice of the alleged violation(s) and inform the licensee of the licensee's 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, the business address provided on the license application.
C. Public Hearing: Upon receiving the notice provided in subsection B of this section, the licensee shall have the right to request a public hearing. If no request for a public hearing is received by the city within ten (10) regular business days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of mailed notices, 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 twenty (20) days from the date of the request. Within three (3) regular business days of the hearing, the city council shall notify the licensee of its decision.
D. Emergency: If, in the discretion of the chief of police or the chief's designee, imminent harm to the health or safety of the public may occur because of the actions of a peddler, solicitor, or transient merchant licensed or registered under this chapter, the chief of police may immediately suspend the person's license or registration and provide notice of the right to hold a subsequent public hearing as prescribed in subsection B of this section.
E. Appeals: Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court. (Ord. 724, sec. 1, 1-6-2003)