(a) The conviction of any licensee under the provisions of this chapter, for any criminal offense of the Ohio Revised Code, United States Code, or any other substantially similar state or local provisions that constitutes any theft or fraud offense, any offense of burglary, any offense of violence or any offenses of any sex crime law or statute shall constitute grounds for immediate revocation or suspension by the Mayor or her designee of the license issued to said vendor. Any violation of a provision of this chapter or any false statement made by the applicant in connection with the issuance of this license shall also constitute grounds for immediate revocation or suspension by the Mayor or her designee of the license issued to such vendor regardless of whether the licensee is criminally charged or convicted for said violation or false statement.
(b) Licensee shall be notified promptly, in writing sent via certified mail, of any decision to revoke or suspend his or her license and of the licensee's right to appeal the decision. Notice may be sent by regular mail after any previous notice sent by certified mail is returned unclaimed. Licensee may appeal a revocation or suspension of his or her license by submitting a request to appeal, in writing, to the Mayor within thirty (30) days of receiving the notice of revocation or suspension if sent by certified mail, or within thirty (30) days of the date the City sent the notice of revocation or suspension if sent by regular mail. If licensee timely requests an appeal, a hearing shall be held before the Mayor within thirty (30) days of the date the City received the licensee's request to appeal. The licensee shall have the right to appear at such hearing, to be represented by counsel, and have the right to examine and cross examine witnesses. In the event of a decision and ruling adverse to the licensee, the licensee, unless otherwise expressly provided, shall have the right to appeal such decision and ruling to a court of competent jurisdiction, under the authority of and pursuant to the provisions of Ohio R.C. Chapter 2506.
(c) Whenever, for any cause, a license is revoked or suspended, the City of Stow shall not issue another license to the licensee until the expiration of at least one year from the date of revocation of the license.
(d) Persons continuing to operate as a mobile ice cream vendor after a license has been denied, suspended, or revoked pursuant to this chapter may be served with a cease and desist order issued by a court of competent jurisdiction, in addition to or in place of criminal penalties found in Section 739.99. (Ord. 2017-89. Passed 9-28-17.)