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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)
(A) If a representative designated by the Chief of Police to enforce this subchapter determines that a permittee under this subchapter has failed to comply with this subchapter (except § 115.024 of this chapter) or a regulation established under this subchapter. The representative must notify the permittee by personally serving the permittee with a written notice of the suspension. The written notice must include the reason for suspension, the date the suspension begins, the duration of the suspension and a statement informing the permittee of his or her right of appeal.
(B) A suspension under this section may be appealed to the city if the permittee requests an appeal in writing at the time the representative serves notice of suspension. When appeal is requested, the suspension may not take effect until a hearing is provided by the Chief of Police.
(C) The Chief of Police may order an expedited hearing under this section, to be held as soon as possible after the permittee requests an appeal. The Chief of Police may affirm, reverse or modify the order of the representative. The decision of the Chief of Police is final.
(1998 Code, § 86-78) (Ord. 05-18, passed 6-15-2005)
(A) The city may revoke a peddler/vendor driver’s permit if the city determines that the permittee:
(1) Operated a peddler/vendor vehicle inside the city during a period in which the peddler/vendor driver’s permit was suspended;
(2) Made a false statement on an application for a peddler/vendor driver’s permit;
(3) Engaged in conduct that constitutes a ground for suspension under this division (A) and received either a suspension in excess of three days or a conviction for violation of this subchapter;
(4) Engaged in conduct that could reasonably be determined to be detrimental to the public safety; or
(5) Was convicted of any felony offense while holding a peddler/vendor driver’s permit.
(B) A person whose peddler/vendor driver’s permit is revoked shall not:
(1) Apply for another peddler/vendor driver’s permit before the expiration of 12 months from the date the city revokes the permit or, in the case of an appeal, the date the appeal Hearing Officer affirms the revocation; or
(2) Drive a peddler/vendor vehicle inside the city.
(C) The city shall notify the permittee in writing of a revocation and include in the notice the reason for the revocation, the date the city orders the revocation and a statement informing the permittee of his or her right of appeal.
(D) After receipt of notice of suspension, revocation or denial of permit renewal, the permittee shall, on the date specified in the notice, surrender his or her peddler/vendor driver’s permit to the city and discontinue driving a peddler/vendor vehicle inside the city.
(E) Notwithstanding divisions (B)(2) and (D) above, if the permittee appeals the suspension or revocation under this section, the permittee may continue to drive a peddler/vendor vehicle pending the appeal unless:
(1) The peddler/vendor driver’s permit of the permittee is suspended pursuant to § 115.030 of this chapter, or revoked pursuant to division (A)(5) above;
(2) The city determines that continued operation by the permittee would impose an immediate threat to public safety;
(3) The permittee has violated any provision of this subchapter; or
(4) Any person required to be listed on the application for the permit has, since the permit was granted, been convicted or plead guilty or nolo contendre to any federal, state or local law (other than traffic violations) for any activity done while conducting business under the permit, after such permit was granted.
(1998 Code, § 86-79) (Ord. 05-18, passed 6-15-2005)
(A) Request for appeal. A person may appeal a denial of a peddler/vendor driver’s permit application, suspension of a peddler/vendor driver’s permit under § 115.030 of this chapter, or revocation of a peddler/vendor driver’s permit, if he or she requests an appeal in writing, delivered to the Chief of Police not more than ten business days after notice of the city’s action is received.
(B) Conduct of hearing. The Chief of Police shall act as the Appeal Hearing Officer in an appeal hearing under this section. The Hearing Officer shall give the appealing party an opportunity to present evidence and make argument in his or her behalf. The formal rules of evidence do not apply to an appeal hearing under this section, and the Hearing Officer shall make his or her ruling on the basis of a preponderance of the evidence presented at the hearing.
(C) Action by Hearing Officer. The Hearing Officer may affirm, modify or reverse all or part of the action of the city being appealed. The decision of the Hearing Officer is final.
(1998 Code, § 86-80) (Ord. 05-18, passed 6-15-2005)
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