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)