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(A) An application or approved permit and/or business license may be denied, revoked, suspended, or not renewed for any of the following reasons:
(1) The permittee and/or licensee or any of its principals fails to satisfy any qualification or requirement imposed by this chapter, or other local, state or federal laws or regulations that pertain to the particular license; or
(2) The permittee and/or licensee or any of its principals is or has engaged in a business, trade or profession without having obtained a valid license, permit or work card when such applicant or principal knew or reasonably should have known that one was required; or
(3) The permittee and/or licensee or any of its principals has been subject, in any jurisdiction, to disciplinary action of any kind with respect to a license, permit or work card to the extent that such disciplinary action reflects upon the qualification, acceptability or fitness of the applicant or principal to conduct such a business; or
(4) The permittee and/or licensee or any of its principals has been convicted of any crime that involves any local, state or federal law or regulation arising out of the operation of a similar business; or
(5) The permittee and/or licensee or any of its principals has been convicted of a crime as a result of having perpetrated deceptive practices upon the public within the last ten (10) years; or
(6) The motor food vehicle on which the business is proposed to be conducted does not satisfy all local, state or federal laws or regulations which relate to the activity that is to be licensed; or
(7) The licensee or any of its principals is in default on any payments owed to the city; or
(8) The application contains material omissions or false, fraudulent, or deceptive statements; or
(9)
The motor food vehicle is operated in such a manner as constituting a public nuisance per this code or state statutes; or
(10) The proposed operation is in violation of any federal, state, or local laws including, but not limited to, the provisions of this chapter pertaining to food, fire prevention, public health or safety.
(11) The licensee or his agents or employees interfere with an inspection of the food establishment by a Health Department; or
(12) There are repeated or serious violations of the applicable portions of this section; or
(13) There are repeated or serious violations of federal or state food laws or laws regulating food establishments as defined in this chapter; or
(14) The Pike County Health Department denies, revokes or suspends the license of the mobile food vehicle or mobile food vendor; or
(15) There is a violation of any section of this chapter.
(16) The mobile food vehicle fails to have the required registration and proof of insurance.
(B) The provisions of this section are not exclusive. This section shall not preclude the enforcement of any other provisions of this chapter or state and federal laws and regulations. The Pike County Health Department may impose additional requirements to protect against health hazards related to the operation of a mobile food vehicle.
(Ord. 0-2015-019, passed 12-14-15; Am. Ord. O-2019-21, passed 8-12-19)
Upon any denial, revocation or suspension of a mobile food vehicle permit and/or business license, the applicant or permittee and/or licensee may appeal the denial to the Commission by filing a written statement of appeal with the City Clerk within ten (10) days following the denial, revocation or suspension and a hearing shall be held thereon by the Commission at a regular or special meeting of the City Commission or a continuance. The applicant or permittee, during the appeal, may be represented by counsel.
(A) Prior to revocation, written notice shall be given to the permittee and/or licensee or person in charge. The notice shall set forth:
(1) The grounds upon which the city will seek denial, revocation or suspension of the permit and/or license;
(2) The specific violations of this article or of federal or state law upon which the city will rely in seeking denial, revocation or suspension of the permit and/or license;
(3)
That a hearing will be held before the Pikeville City Commission;
(4) The date, time and place of the hearing; and
(5) That the permittee and/or licensee may appear in person and/or be represented by counsel and may present testimony.
(B) The hearing shall be held in accordance with this section. If the permit and/or license holder fails to appear at the hearing at the time, place and date specified, the city shall present sufficient evidence to establish a prima facie case showing that an act or acts have been committed or omitted that constitutes grounds for denial, revocation or suspension of a permit and/or license.
(C) After completion of the hearing, the City Commission shall make written findings as to whether or not grounds exist for denial, revocation or suspension of the permit and/or license. If the City Commission finds that grounds do exist for denial, revocation or suspension, it shall deny, revoke or suspend the permit and/or license temporarily for up to one hundred eighty (180) days or permanently.
(D) A copy of the written findings shall be sent by certified mail, return receipt requested, to the permittee and/or licensee at the address of the permittee contained in the permittee’s application. The city is entitled to rely upon the accuracy of the address submitted by the permittee for his or her application.
(E) If the City Commission revokes the permit and/or license, written notice of the revocation shall be served on the permittee and/or licensee or the person in charge with a copy of the findings.
(F) Upon service of a written notice that the permit and/or license have been revoked as provided herein, all food operations shall cease immediately. In the event that the permittee’s fails to cease operations, the mobile food vending vehicle or cart may be impounded.
(G) Whenever a permit and/or license are revoked, the Pike County Health Department shall be notified.
(H) In the event a permit and/or license are revoked, the city shall not be liable to the permittee and/or licensee for any refund of any part of the permit and/or license fee. Reinstatement of a perrnittee and/or licensee that has been revoked shall require application and payment of a permit and/or license fee as if it were an initial application. No new permit and/or license application shall be considered for an establishment or mobile food vehicle where the permit and/or license have been revoked until the expiration of the revocation period.
(Ord. 0-2015-019, passed 12-14-15; Am. Ord. O-2019-21, passed 8-12-19)