(A) Generally. Any license 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 licensed activity;
(3) Conviction of any offense for which granting of a license could have been denied under § 115.04; or
(4) Violation of any provision of this chapter.
(B) Multiple persons under one license. The suspension or revocation of any license issued for the purpose of authorizing multiple persons to conduct business as peddlers, solicitors, or transient merchants on behalf of the licensee shall serve as a suspension or revocation of each authorized person’s authority to conduct business as a peddler, solicitor, or transient merchant on behalf of the licensee whose license is suspended or revoked.
(C) Notice. Prior to revoking or suspending any license issued under this chapter or right to solicit business within the city, the city shall provide the license holder or solicitor with written notice of the alleged violations and inform the licensee or solicitor of his or her 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, to the business address provided on the license application.
(D) Public hearing. Upon receiving the notice provided in division (C) of this section, the licensee shall have the right to request a public hearing. If no request for a hearing is received by the City Manager-Clerk within ten 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 20 days from the date of the request. Within three regular business days of the hearing, the City Council shall notify the licensee of its decision.
(E) Emergency. If, in the discretion of the City Council, imminent harm to the health or safety or economic interests of the public may occur because of the actions of a peddler, solicitor or transient merchant, whether licensed or unlicensed under this chapter, the City Council may immediately suspend the person’s license, if any, or right to solicit business within the city and provide notice of the right to show cause at a subsequent public hearing as prescribed in division (C) of this section why the license or right to solicit business in the city should not be terminated.
(F) Appeals. Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court.
(Am. Ord. 385, passed 12-17-09; Am. Ord. 426, passed 5-18-17) Penalty, see § 10.99