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(A) Generally. Any license issued under this section may be suspended or revoked at the discretion of the City Council for violation of any of the following:
(1) Subsequent knowledge by the city of fraud, misrepresentation or incorrect statements provided by an applicant on the application form.
(2) Fraud, misrepresentation or false statements made during the course of the licensed activity.
(3) Subsequent conviction of any offense to which the granting of the license could have been denied under § 111.08.
(4) Engaging in any prohibited activity as provided under § 111.12.
(5) Violation of any other provision of this chapter.
(B) Multiple persons under one license. The suspension or revocation of any license issued for the purpose of authorizing multiple persons to conduct business as peddlers or transient merchants on behalf of the licensee shall serve as a suspension or revocation of each authorized person's authority to conduct business as a peddler or transient merchant on behalf of the licensee whose license is suspended or revoked.
(1) Prior to revoking or suspending any license issued under this chapter, the city shall provide a license holder with written notice of the alleged violations and inform the licensee of his or her right to a hearing on the alleged violation.
(2) Notice shall be delivered in person or by mail to the permanent residential address listed on the license application, of if no residential address is listed, to the business address provided on the license application.
(D) Public hearing.
(1) Upon receiving the notice provided in division (C) of this section, the licensee shall have the right to request a public hearing.
(2) If no request for a hearing is received by the City Administrator within ten days following the service of the notice, the city may proceed with the suspension or revocation.
(3) For the purpose of a mailed notice, service shall be considered complete as of the date the notice is placed in the mail.
(4) If a public hearing is requested within the stated time frame, a hearing shall be scheduled within 20 days from the date of the request for the public hearing.
(5) Within three regular business days of the hearing, the City Council shall notify the licensee of its decision.
(E) Emergency. If, in the discretion of the City Council, imminent harm to the health or safety of the public may occur because of the actions of a peddler or transient merchant licensed under this chapter, the City Council may immediately suspend the person's license and provide notice of the right to hold a subsequent public hearing as prescribed in division (C) of this section.
(F) Appeal. Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court.
(Ord. 225, 3rd Series, passed 9-10-2019)