(a) Grounds for revocation. The director may revoke the license of any peddler for one or a combination of the following:
(1) The peddler or the peddler's employee is operating in violation of any requirement of this article or article IV of chapter 16, Tucson Code, and has failed or refused to cease and desist from such violation or violations within five (5) days after receiving written notice from the director, law enforcement officer, or city employee with code enforcement authority. If an employee of the peddler is operating the peddler's operation, receipt of the notice by the employee is sufficient.
(2) The peddler or the peddler's employee has been convicted of or found responsible for a violation of this article or article IV of chapter 16, Tucson Code, or A.R.S. § 13-2904 where such violation occurred on the site occupied by the peddler's operation.
(3) The peddler provided false information on the license application.
(b) Revocation procedure.
(1) Notice of revocation; scheduling of hearing. The director shall provide written notice of revocation to the peddler stating the grounds for revocation and the procedures to appeal the revocation. The notice may be personally served or mailed, return receipt requested, to the address provided by the peddler on the application. The revocation becomes final five (5) business days from the date of receipt of the notice by the peddler or five (5) business days from the date the notice is returned to the director as undeliverable unless the peddler files an appeal in city court. A hearing shall be scheduled within fifteen (15) days of receipt of the filing of the appeal before a magistrate or special limited magistrate. If the peddler files an appeal, he or she may continue to operate pending the outcome of the hearing in city court.
(2) Revocation order; appeal. At the conclusion of the hearing, if the magistrate or special limited magistrate finds that the grounds for revocation have been established by a preponderance of the evidence, the magistrate shall order the license revoked. Either the city or the peddler may appeal the ruling to superior court in accordance with the Superior Court Rules of Appellate Procedure-Civil. If the peddler's license is revoked and the peddler appeals to superior court, the peddler may not operate unless and until such time as the superior court orders the license reinstated or otherwise authorizes the peddler to operate.
(c) Reapplication prohibited. If a peddler's license is revoked pursuant to this section, the licensee may not reapply for a peddler's license for twelve (12) months following the effective date of the revocation.
(Ord. No. 10041, § 1, 9-20-04; Ord. No. 10054, § 1, 9-27-04)