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(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)
A person commits an offense if the person:
(A) Forges, alters or counterfeits a peddler/vendor driver’s permit, badge, sticker or emblem required by law; or
(B) Possesses a forged, altered or counterfeited peddler/vendor driver’s permit, badge, sticker or emblem required by law.
(1998 Code, § 86-81) (Ord. 05-18, passed 6-15-2005) Penalty, see § 10.99
An individual issued a peddler/vendor driver’s permit shall maintain a current mailing address on file with the city. The permittee shall notify the city of any change in this mailing address within five business days of the change.
(1998 Code, § 86-82) (Ord. 05-18, passed 6-15-2005)
ITINERANT VENDORS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ITINERANT VENDOR. All persons, as well as their agents and employees, who, from a location on private property in the city, engage in the temporary or transient business of selling or offering for sale any goods, services, wares or merchandise, including but not limited to plants, lumber, agricultural products, photographs, produce, poultry, stock, fruit, or other foods or food products, and magazines; provided, however, that the term ITINERANT VENDOR shall not include anyone engaged in interstate commerce, or anyone upon whom the provisions of this chapter would impose a direct and unlawful burden on interstate commerce.
TEMPORARY. Any business transacted or conducted from a non-permanent, code compliant, structure, in the city.
TRANSIENT. Any business of any itinerant vendor which may be operated or conducted by persons or their agents or employees who reside away from the city or who have fixed places of business in places other than the city, or who move stocks of the products listed under the definition of “itinerant vendor” in this section or samples thereof into the city with the intention of selling the stock and returning to a place other than the city, or who so move the products into the city with the purpose or intention of removing them or the unsold portion thereof away from the city before the expiration of 90 days.
(1998 Code, § 86-101) (Ord. 05-20, passed 7-6-2005; Ord. 10-20, passed 9-15-2010; Ord. 13-36, passed 10-2-2013)
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