Sec. 10-164. License revocation, suspension, denial; procedure; appeal.
A. Applications for licenses issued pursuant to this Article shall be denied by the City Clerk for any of the following reasons:
1. Fraud, misrepresentation, or false statement contained in the application for license.
2. Any violation of the provisions of this Article or the City of Phoenix Zoning Ordinance regulating mobile vendors within one year prior to the date of application; or any violation of any of the spacing or land use requirements of the Zoning Ordinance regulating mobile vending operations.
3. The applicant has been convicted within the previous five years of any felony, or misdemeanor involving moral turpitude.
4. The applicant or manager has had a vendor license issued by the City revoked or suspended within the previous year.
5. The applicant has knowingly employed or hired a manager in connection with the applicant’s mobile vending business who has had a vendor license suspended or revoked within the previous year.
6. The applicant is not eighteen years of age.
7. The application does not conform in all respects to the provisions of Sections 10-162, 10-163, and 10-163.01 of this Article.
B. Any license issued pursuant to this Article shall be revoked by the City Clerk, or suspended for a period not to exceed one year, upon one or more of the following grounds:
1. The licensee, or manager of the licensee, has violated a provision of this Article or a provision of the City of Phoenix Zoning Ordinance regulating mobile vending operations.
2. The licensee, or manager of the licensee, has been convicted of a felony or misdemeanor in the conduct of the business licensed pursuant to this Article.
3. A manager of the licensee has had a vendor license issued by the City revoked or suspended within the previous year.
C. In determining the appropriate administrative sanction, the City Clerk shall consider the following factors as may be applicable: nature and timing of prior warnings given; date(s) of violation; previous violations; duration of licensure; investment in business; circumstances of the violation or conviction, including their relation to the regulatory purpose of the licensing scheme; punishment imposed for previous violations or convictions; cooperation with licensing officials and law enforcement personnel; knowledge of the requirements of this Article; and other aggravating or mitigating circumstances directly relating to the violation or conviction.
D. If the City Clerk determines that an application should be denied or that a license should be revoked or suspended, she shall notify the applicant or licensee of that decision in writing and shall include a summary of the grounds therefor. The notification to the applicant or licensee shall be by certified mail to the most recent mailing address as reflected in the records of the City Clerk and by certified mail to the designated agent at the designated agent’s most recent residence address in the records of the City Clerk; or by personal service on the applicant or the licensee, or on the manager of the licensee if the manager is present at the mobile vending operation. Service by mail is complete upon mailing.
E. An applicant or licensee may appeal to the License Appeal Board the denial, suspension or revocation by filing a written notice of appeal with the City Clerk within ten City working days after service of the notice of denial, suspension or revocation. The tenth day shall end at 5:00 p.m. MST. Any letters or requests for appeal submitted after the time limit shall not be heard. The hearing shall be a de novo review of the factors stated in subsection (D) of this section.
F. It shall be unlawful for any person to operate a mobile vending operation that has been licensed under this Article while the license for that mobile vending operation is suspended.
G. No license suspended shall be reinstated until an application fee has been paid.
H. A revoked license shall be surrendered to the City Clerk on demand at the expiration of the appeals process. (Ord. No. G-4299, § 1, 2000; Ord. No. G-5224, § 15, 2008)