(A) It is a violation of this chapter for any person to provide false information on any permit application.
(B) It is a violation of this chapter for a person to operate a mobile food unit that either fails to meet all the requirements in this chapter.
(C) It is a violation of this chapter for a mobile food vendor to fail to display the license or other required documents, including proof of insurance or fire inspection, to a peace officer or city inspector on demand.
(D) The city shall give written notice of a violation to the permittee or designated agent that may result in the suspension or revocation of the permit. The notice shall include a description of the violation, the statutory or code reference, how the permittee can comply with the requirements, a description of the process whereby a hearing may be requested, the time limit for requesting a hearing, and a warning that failure to timely request a hearing may result in suspension or revocation of the permit. The notice shall be served on the permittee or designated agent by either personal service or registered/certified mail. Service of the notice shall be deemed complete upon mailing to, or personal service on, the permittee or designated agent.
(E) The permittee or designated agent receiving a notice under this section may request a hearing pursuant to § 111.15 of the code. If the permittee fails to comply with the requirements of this chapter by the date provided in the notice, the city may suspend or revoke the permit as provided in this section.
(F) In addition to any penalties set forth in this chapter, a permittee shall be suspended if, during the term of the permit, the permittee or a controlling person has violated any of the provisions of this chapter. During the suspension period, the permittee shall not operate any mobile food unit associated with the suspended permit. If a fine is associated with the violation that is the basis for suspension, the suspension may continue beyond the period set forth in this subsection until such time as the permittee pays the fine. The penalty for a suspension of a permit shall be:
(1) For the first suspension of a permit during a twelve-month period, the permit shall be suspended up to 14 calendar days and a fine of $100 will be imposed.
(2) For the second suspension of a permit during a 12-month period, the permit shall be suspended to a minimum of 15 calendar days up to a maximum of 30 calendar days and a fine of $250 shall be imposed.
(3) For the third suspension of a permit during a twelve-month period, the permit shall be revoked.
(G) In addition to a revocation for a third suspension as set forth above, the city may revoke a permit issued pursuant to this chapter if the city determines that:
(1) A mobile food unit associated with the suspended permit was operated in the city during the suspension period;
(2) A permittee or designated agent or controlling person, following the issuance of a permit, is convicted of any of the following offenses:
(a) Felony involving trafficking in stolen property, fraud, forgery, theft, burglary, robbery, extortion, conspiracy to defraud, or any preparatory offenses of the aforementioned crimes;
(b) Felony involving a fraudulent or dishonest act;
(c) Felony involving the sale, manufacture or transportation of any dangerous drug as defined under A.R.S. § 13-3401, a “violent crime” under A.R.S. Title 13, Chapters 11, 12, 13 or a “sexual offense” under A.R.S. Title 13, Chapter 14, or for conduct in another jurisdiction which if carried out in Arizona would constitute an offense under one of the statutory provisions enumerated in this section; or
(d) Misdemeanor involving moral turpitude.
(3) The permittee or designated agent operated, or attempted to operate a mobile food unit without a permit;
(4) The city previously issued three or more notices of suspension or violation within a six month period;
(5) The permittee or controlling person has not complied with a provision of this chapter or has failed to provide information as required by this chapter;
(6) The application fee, permit fee, or any transaction privilege tax has not been paid; or
(7) The permittee fails to pay outstanding fines or resolve any violations.
(H) If a permit is revoked pursuant to this section, the permittee and its controlling person(s) may not apply for a permit under this chapter for a period of one year from the date of revocation.
(Ord. 971, passed - - )