(a) Upon any denial, revocation or suspension of a mobile cart vendor permit by the City of York or the Mobile Cart Vendors Committee, the applicant or permittee and/or licensee may appeal the denial to Council by filing a written statement of appeal with the City Clerk within 10 days following the denial, revocation or suspension and a hearing shall be held thereon by the Council. The applicant or permittee, during the appeal, may be represented by counsel.
(1) Prior to revocation, the Mobile Cart Vendors Committee shall give written notice to the permittee and/or licensee or person in charge. The notice shall set forth:
A. The grounds upon which the City will seek denial, revocation or suspension of the permit and/or license;
B. The specific violations of this article or of federal or state law upon which the City will rely in seeking denial, revocation or suspension of the permit and/or license;
C. That a hearing will be held before the York City Council;
D. That the permittee and/or licensee may appear in person and/or be represented by counsel and may present testimony.
(2) The hearing shall be held in accordance with this section. If the permit and/or license holder fails to appear at the hearing at the time, place and date specified, the City shall present sufficient evidence to establish a prima facie case showing that an act or acts have been committed or omitted that constitutes grounds for denial, revocation or suspension of a permit.
(3) After completion of the hearing, the City Council shall make written findings as to whether or not grounds exist for denial, revocation or suspension of the permit. If the City Council finds that grounds do exist for denial, revocation or suspension, it shall deny, revoke or suspend the permit and/or license temporarily or permanently.
(4) A copy of the written findings and determination shall be sent by certified mail, return receipt requested, to the permittee and/or licensee. If the address of the permittee and/or licensee is unknown, or if the findings are returned undelivered, the findings shall be served on the person in charge of the commissary or mobile cart vendor.
(5) Upon service of a written notice that the permit has been revoked as provided herein, all food operations shall cease immediately.
(6) Whenever a permit is revoked, the Mobile Cart Vendors Committee, the City Health Inspector and the Bureau of Permits, Planning and Zoning shall be notified.
(7) In the event a permit and/or license is revoked, the City shall not be liable to the permittee and/or licensee for any refund of any part of the permit and/or license fee. Reinstatement of a permittee and/or licensee that has been revoked shall require application and payment of a permit and/or license fee as if it were an initial application. No new permit and/or license application shall be considered for a mobile food cart where the permit and/or license have been revoked until the expiration of the revocation period.
(Ord. 25-2014. Passed 10-21-14.)