(A) Decisions to deny an application for a permit or renewal of a permit may be appealed by any interested person. Appeals shall be heard and determined by the Appeals Board.
(B) An appeal shall be initiated within 21 calendar days of the decision to deny an application for a permit.
(C) Appeals of decisions to deny an application for a permit shall be made in writing to the Appeals Board on forms provided by the City Clerk. The appeal shall state the facts and basis for the appeal.
(D) Appeals of a decision to deny an application for a permit or renewal of a permit shall be accompanied by a fee which is 50% of the cost of the permit or renewal of the permit.
(E) An appeal shall be scheduled for a hearing before the Appeals Board within 30 calendar days of the filing of the appeal unless both the appellant and the City Clerk consent to a later date.
(F) The City Clerk shall give notice in writing to the appellant of the time and the location of the appeal hearing. At the hearing, the Appeals Board shall review the record of the decision and hear testimony of the appellant, if any, the applicant, and any other interested party. The appeal shall be reviewed and determined on a de novo basis.
(G) After the hearing, the Appeals Board shall affirm, modify, or reverse the original decision to deny an application for a permit or renewal of a permit. When a decision is modified or reversed, the Appeals Board shall state the specific reasons for modification or reversal. The City Clerk shall serve personally or by certified mail the notice of decision to the appellant.
(H) The City Manager, or his or her designee, may revoke any mobile food vending permit at any time if it is found that the activity is violating any of the provisions of the City of Riverbank Municipal Code or causing a public nuisance, in accordance with Chapter 98 for:
(2) Violating any of the imposed permit conditions after one written warning; or
(3) Causing a public nuisance, or causing an unlawful or criminal activity occurring during the operation of a food vending activity or group site; or any other violation of this chapter.
(I) No mobile food vending permit shall be revoked until after a hearing before the City Council. However, if the City Manager determines, in his or her sole discretion, a suspension of a mobile food vending permit is necessary prior to a revocation hearing to protect public health, safety or general welfare, the City Manager may suspend a mobile food vending permit, effective immediately, prior to any revocation hearing. Should a mobile food vending permit be suspended or revoked, the vendor shall be required to cease operations immediately or be subject to action which may include impounding of the vehicle and/or a citation. A public hearing with the City Council for the revocation of the mobile food vending permit shall be conducted in accordance with § 110.26 (Revocation of License).
(Ord. 2021-004, passed 8-24-21)