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Any vendor must obtain a license from the Director by:
(a) completing a form supplied by the Director;
(b) providing written permission from the owner or owner's agent of any private property on which a vendor will be temporarily located while goods are sold or services dispensed;
(c) filing a surety bond if required by the Director in an amount and with terms as provided in regulation under method (2); and
(d) paying a fee in an amount set by regulation under method (2) sufficient to offset the cost of enforcing and administering this Chapter. (1995 L.M.C., ch. 5, § 2.)
The Director must issue a one-year license to an applicant who has complied with all application requirements and paid all applicable fees. The Director may limit any license to vend in the public right-of-way or on private property in any manner provided under law or regulation. (1995 L.M.C., ch. 5, § 2.)
(a) A vendor must display a current license and other documents required by the Director prominently:
(1) at each vending location;
(2) on any vehicle used in vending; or
(3) on the vendor's person while engaged in any vending activity.
(b) A person must not:
(1) make any unauthorized use of a vendor's license; or
(2) commit any fraud or misrepresentation involving use of the license. (1995 L.M.C., ch. 5, § 2.)
(a) The Director may revoke or suspend, or refuse to issue or renew, a license for any violation of this Chapter or any other applicable law or regulation. Before taking any action under this subsection, the Director must:
(1) notify the licensee in writing as required by subsection (c); and
(2) give the licensee a reasonable opportunity to respond.
(b) The Director may summarily revoke or suspend a license after finding that the licensee:
(1) has knowingly misstated or omitted a material fact from the submitted application;
(2) has had a business or occupational license or permit revoked or suspended;
(3) is not of good moral character, as evidenced by a conviction of a crime involving violence, sex offense, theft, fraud, or controlled dangerous substances, unless the person's conduct since the conviction shows that the public safety is unlikely to be jeopardized; or
(4) has refused to leave any premises when lawfully directed by an owner, occupant, or authorized government official to do so.
(c) The Director must provide written notice to the applicant or licensee of any action taken or proposed to be taken under subsection (a) or (b). The notice must:
(1) state the:
(A) reasons for the action; and
(B) recipient's right to appeal to the Board of Appeals; and
(2) be delivered:
(A) personally to the applicant or licensee; or
(B) sent by certified mail to the local address in the license application.
(d) The Director may suspend a license for up to 90 days.
(e) The licensee must promptly return a revoked or suspended license, including any badge, to the Director. If the licensee does not return the license, the Police Department may confiscate the license while any appeal is pending. (1995 L.M.C., ch. 5, § 2; 2004 L.M.C., ch. 31, § 1.)
(a) A person aggrieved by an action of the Director under Section 47-6 may appeal to the Board of Appeals within 10 days after the date of notice of the Director's action under Section 47-6.
(b) The filing of an appeal stays any license suspension, but does not stay a license denial or revocation unless the Board of Appeals grants a stay.
(c) The Board of Appeals may affirm, modify, or reverse the decision of the Director. (1995 L.M.C., ch. 5, § 2.)
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