(A) The town shall give written notice of a violation to the licensee or designated agent that may result in the suspension or revocation of the license. The notice shall include a description of the violation, the statutory or code reference, how the licensee can comply with the requirements, a description of the process whereby a hearing may be requested, the time limit for requesting a hearing, and a warning that failure to timely request a hearing may result in suspension or revocation of the license. The notice shall be served on the licensee or designated agent by either personal service or registered/certified mail. Service of the notice shall be deemed complete upon mailing to, or personal service on, the licensee or designated agent.
(B) The licensee or designated agent receiving a notice under this section may request a hearing pursuant to the town Municipal Court hearing process. If the licensee fails to comply with the requirements of this chapter by the date provided in the notice, the town may suspend or revoke the license as provided in this section.
(C) In addition to any penalties set forth in this chapter, a licensee shall be suspended if, during the term of the license, the licensee or a controlling person has violated any of the provisions of this chapter. During the suspension period, the licensee shall not operate any mobile food unit associated with the suspended license. If a fine is associated with the violation that is the basis for suspension, the suspension may continue beyond the period set forth in this division (C) until such time as the licensee pays the fine. The penalty for a suspension of a license shall be:
(1) For the first suspension of a license during a 12-month period, the license shall be suspended up to 14 calendar days and a fine of $200 will be imposed.
(2) For the second suspension of a license during a 12-month period, the license shall be suspended to a minimum of 15 calendar days up to a maximum of 30 calendar days and a fine of $400 shall be imposed.
(3) For the third suspension of a license during a 12-month period, the license shall be revoked.
(D) In addition to a revocation for a third suspension as set forth above, the town may revoke a license issued pursuant to this chapter if the town determines that:
(1) A mobile food unit associated with the suspended license was operated in the town during the suspension period;
(2) A licensee or designated agent or controlling person, following the issuance of a license, is convicted of any offense listed in Sec. 7.5(E)(7);
(3) The licensee or designated agent operated, or attempted to operate a mobile food unit without a license;
(4) The town previously issued three or more notices of suspension or violation within a six-month period;
(5) The licensee or controlling person has not complied with a provision of this chapter or has failed to provide information as required by this chapter;
(6) The application fee, license fee, or any transaction privilege tax has not been paid; or
(7) The licensee fails to pay outstanding fines or resolve any violations.
(E) It is a violation of this chapter for any person to provide false information on any license application.
(F) It is a violation of this chapter for a person to operate a mobile food unit that either fails to meet all of the requirements in this chapter.
(G) If a license is revoked pursuant to this section, the license and its controlling person(s) may not apply for a license under this chapter for a period of one year from the date of revocation.
(H) It is unlawful for a mobile food vendor to fail to display the license or other required documents, including proof of insurance or fire inspection, to a peace officer, code enforcement officer, or town inspector on demand.
(Res. 3152, passed 7-25-19; Ord. 907, passed 7-25-19; Ord. 907, revised, passed 11-7-19) Penalty, see § 115.99