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(A) General.
(1) Whenever the city receives reliable information that grounds for revocation of a permit exist under § 115.021 of this chapter, the city shall investigate the facts. If the city finds there are probable grounds for revocation of a permit, the city shall give written notice to the permittee by personal service or by certified mail, return receipt requested. Such notice shall set forth:
(a) The specific grounds upon which the permit in question may be revoked;
(b) There will be a hearing before the city’s designated representative in which the city will seek the revocation of the permit;
(c) The date, time and place of such hearing; and
(d) The permittee may appear in person and/or be represented by an attorney and may present testimony and may examine all witnesses.
(2) The notice shall be mailed to the last known address of the vendor if a notice which has been mailed is returned undelivered, service shall be deemed executed.
(1998 Code, § 86-56)
(B) Conduct of hearing.
(1) All permit revocation hearings under this subchapter shall be held by the city’s designated representative. Such officer shall be referred to as the Hearing Officer.
(2) All hearings shall be conducted under rules consistent with the nature of the proceedings, and only evidence presented before the Hearing Officer at such hearing may be considered in rendering the final order.
(1998 Code, § 86-57)
(C) Failure of permittee to appear at hearing. If the permittee fails to appear at a permit revocation hearing at the date and time specified, the city shall introduce evidence to establish a prima facie case showing that grounds exist for revocation of the permit.
(1998 Code, § 86-58)
(D) Findings and order by Hearing Officer.
(1) After completion of the presentation of evidence by all parties appearing at a permit revocation hearing, the Hearing Officer shall make written findings in an order as to whether or not there are grounds for revocation of the permit, and if there are such grounds setting forth in such written findings the specific facts supporting such grounds. If the Hearing Officer finds that grounds do exist for revocation of the permit, he or she shall revoke the permit for such grounds.
(2) A true and accurate copy of the Hearing Officer’s order shall be personally delivered or sent by certified mail, return receipt requested, to the permittee.
(3) The Hearing Officer’s decision is final.
(1998 Code, § 86-59)
(Ord. 05-18, passed 6-15-2005)
(A) A person may not operate a peddler/vendor vehicle inside the city without a valid peddler/ vendor driver’s permit issued to the person under this subchapter.
(B) A peddler/vendor may not employ or contract with a driver or otherwise allow a person to drive a vehicle owned, controlled or operated by the peddler/vendor unless the person has a valid peddler/vendor driver’s permit issued under this subchapter.
(C) The only persons eligible to sell/work or in any way facilitate any sales transactions must have either a vendor’s permit or vendor’s driver’s permit issued to their person.
(1998 Code, § 86-71) (Ord. 05-18, passed 6-15-2005) Penalty, see § 10.99
To qualify for a peddler/vendor driver’s permit, an applicant must:
(A) Have a place where he or she can be contacted or given notice by mail;
(B) Be at least 18 years of age;
(C) Be currently authorized to work full-time in the United States;
(D) Hold a valid driver’s license issued by the state;
(E) Be able to communicate in the English language;
(F) Not be afflicted with a physical or mental disease or disability that is likely to prevent the applicant from exercising ordinary and reasonable control over a motor vehicle or that is likely to otherwise endanger the public health or safety;
(G) Not have been convicted of more than three moving traffic violations arising out of separate transactions, or involved in more than two automobile accidents in which it could be reasonably determined that the applicant was at fault, within the 12-month period preceding the application;
(H) Not have been convicted of a felony offense in the preceding five years or a Class A or B misdemeanor in the previous two years. For which:
(1) Less than two years have elapsed since the date of conviction, the date of release from confinement imposed for the conviction, or termination of probation whichever is the later date, if the applicant was convicted of a misdemeanor offense;
(2) Less than five years have elapsed since the date of conviction, the date of release from confinement for the conviction, or the termination of probation or parole whichever is the later date, if the applicant was convicted of a felony offense; or
(3) A convicted sex offender.
(I) Subject to no outstanding warrants of arrest; and
(J) Successfully completed a state approved defensive driving course within the previous 12 months.
(1998 Code, § 86-72) (Ord. 05-18, passed 6-15-2005)
To obtain a peddler/vendor driver’s permit or renewal of a peddler/vendor driver’s permit, a person must file with the Department a non-refundable application fee of $10 and a completed written application on a form provided for the purpose. The city shall require each application to state such information as considered necessary to determine whether an applicant is qualified.
(1998 Code, § 86-73) (Ord. 05-18, passed 6-15-2005)
(A) For the purpose of determining qualification under § 115.024 of this chapter, the city may require an applicant to submit to a physical examination at the applicant’s expense conducted by a licensed physician and to furnish to the city a statement from the physician which certifies that the physician has examined the applicant and that in the physician’s professional opinion the applicant is qualified under § 115.024 of this chapter.
(B) The Police Chief’s designee shall investigate each applicant concerning the applicant’s qualification under § 115.024 of this chapter. The Municipal Court shall furnish the Police Department a copy of the applicant’s motor vehicle driving record and a list of any warrants of arrest for the applicant which might be outstanding.
(C) The Police Chief’s designee may conduct such other investigation as considered necessary to determine whether an applicant for a peddler/vendor driver’s permit is qualified.
(D) Each applicant must have his or her fingerprints taken by the Police Department of the city at the time of submission of the application and supply two passport size color photographs.
(1998 Code, § 86-74) (Ord. 05-18, passed 6-15-2005)
(A) If the Police Chief’s designee determines that an applicant for a peddler/vendor driver’s permit is qualified, the city shall issue a permit to the applicant.
(B) The city shall delay until final adjudication the approval of the application of any applicant who is under indictment for or has charges pending for:
(1) A felony offense or criminal attempt to commit any felony offense; or
(2) A Class A or B misdemeanor.
(C) The city may deny the application for a peddler/vendor driver’s permit if the applicant:
(1) Is not qualified under § 115.024 of this chapter; and/or
(2) Makes a false statement on/in his or her application for a peddler/vendor driver’s permit.
(D) If the city determines that a permit should be denied, the city shall notify the applicant in writing that his or her application is denied and include in the notice the reason for denial and a statement informing the applicant of his or her right of appeal.
(1998 Code, § 86-75) (Ord. 05-18, passed 6-15-2005)
(A) A peddler/vendor driver’s permit expires on December 31 of each year, unless revoked under this subchapter.
(B) If a permittee’s state driver’s license is suspended or revoked by the state, his or her peddler/vendor driver’s permit automatically becomes void. A permittee shall notify the city and the peddler/vendor for whom he or she drives within three days of a suspension or revocation of his or her driver’s license by the state and shall immediately surrender his or her peddler/vendor driver’s permit to the city.
(1998 Code, § 86-76) (Ord. 05-18, passed 6-15-2005)
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