(A) Generally. Any license issued under this chapter may be suspended or revoked at the discretion of the City Council for violation of any of the following:
(1) Subsequent knowledge obtained by the city of fraud, misrepresentation, or incorrect statements provided by an applicant on the application form;
(2) Fraud, misrepresentation, or false statements made during the course of the licensed activity;
(3) Subsequent conviction of any offense to which the granting of the license could have been denied under § 116.05 of this chapter;
(4) Engaging in any prohibited activity as provided under § 116.09 of this chapter; or
(5) Violation of any other provision of this chapter.
(B) Notice. Prior to revoking or suspending any license issued under this chapter, the city shall provide a license holder with verbal and written notice of alleged violations and inform the licensee of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential address listed on the license application; if no residential address is listed, then to the business address provided on the license application.
(C) Hearing. Upon receiving the notice provided in division (B) of this section, the licensee shall have the right to request a hearing. If no request for a hearing is received by the City Clerk or its designee within seven days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of a mailed notice, service shall be considered complete as of the date the notice is placed in the mail. If a hearing is requested within the stated time frame it shall be scheduled within 20 days from the date of the request for the hearing. Within three regular business days of the hearing, the City Council shall notify the licensee of its decision.
(D) Emergency. If, in the discretion of the City Clerk or City Administrator, imminent harm to the health or safety of the public may occur because of the actions of a licensee operating a mobile food unit licensed under this chapter, the City Clerk, or its designee, may immediately suspend the mobile food unit license and provide notice of the right to hold a subsequent hearing as prescribed in division (C) of this section.
(E) Appeal. Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court.
(Ord. 1903, passed 6-25-19) Penalty, see § 116.99