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(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.)
(a) The Department of Permitting Services, the Police Department, and any other agency of County government designated by the Chief Administrative Officer, may enforce this Chapter.
(b) If, after receiving a warning from an enforcement agency, a person continues to sell or offer to sell any goods in violation of this Chapter, the enforcing agency may seize the goods and take them to a designated County storage facility. When giving a warning under this Section, an enforcing agent may require the recipient of the warning to furnish adequate personal identification. When seizing any goods, the enforcing agent must inform the holder of the goods how, where, and when the goods can be claimed.
(c) The owner of any goods seized under this Section may claim them within 3 days if the goods are perishable, and within 15 days if the goods are not perishable, by:
(1) furnishing proof of ownership of the goods to the enforcing agency at the storage facility, and
(2) paying a storage fee set by regulation under method (3) in an amount sufficient to reimburse the cost to the County of handling, transporting, and storing the goods.
(d) Alternatively, the County must return the goods without payment of a storage fee if the owner, during the time period provided in subsection (c), furnishes proof of ownership of the goods and shows that:
(1) the goods were properly offered for sale at the site where they were seized; and
(2) when the goods were seized the owner held a valid license to sell the goods under this Chapter.
(e) However, the County may retain the goods if they will be needed as evidence in any hearing on an alleged violation of this Chapter involving the sale or attempted sale of the goods. In that case, the owner may reclaim the seized goods by paying the maximum fine which applies to the alleged violation and any storage fee due.
(f) Until goods seized under this Section are claimed by their owner, the County must take reasonable care to protect the goods and keep them in the same condition as they were when seized. However, the County is not responsible for spoilage of any perishable goods.
(g) If goods seized under this Section are not claimed under subsection (c) or returned under subsection (d), the goods have been abandoned and the County may:
(1) sell them to any government agency or private party through an informal process specified by regulation under method (2);
(2) donate the goods to any charitable organization; or
(3) destroy the goods in any lawful manner.
(h) The owner of any goods seized under this Section must not attempt to collect any payment for the goods from the person from whom the goods were seized unless the owner had, before the goods were seized, reported the goods as stolen to any law enforcement agency. (2000 L.M.C., ch. 18, § 1.)