Sec. 31-32. License issuance; revocation, suspension; denial; procedure; appeal; consent agreement.
A. Licenses issuable 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, or in connection with, the application for license.
2. Any violation of any of the provisions of this Article within one year of the date of the application.
3. The applicant for a Street Vending—Non-Food license has been convicted within the last five years of any felony or misdemeanor offense bearing a reasonable relationship to the functions of a Street Vending—Non-Food license. The applicant for a Street Vending—Food license has been convicted within the last five years of any misdemeanor offense bearing a reasonable relationship to the functions of a Street Vending—Food license, has been convicted within the last ten years of any felony bearing a reasonable relationship to the functions of a Street Vending—Food license, or has been convicted at any time of any sexual or violent offense against a child.
4. The applicant has had a street vending license revoked within the previous year.
5. The applicant has employed or hired a person in connection with the applicant’s street vending business who has had his street vending license suspended or revoked within the previous year.
6. The applicant has employed or hired a person in connection with the applicant’s street vending business who does not have the required street vending license issued by the City of Phoenix.
7. An applicant is not in compliance with Section 31-29.1
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 has violated any of the provisions of this Article.
2. An employee or independent contractor of the licensee has violated any of the provisions of this Article.
3. A Street Vending—Non-Food licensee, or an employee or independent contractor of a Street Vending—Non-Food licensee, has been convicted within the last five years of a felony or misdemeanor offense bearing a reasonable relationship to the functions of the license. A Street Vending—Food licensee, or an employee or independent contractor of a Street Vending—Food licensee has been convicted within the last five years of a misdemeanor offense bearing a reasonable relationship to the functions of the license, has been convicted within the last ten years of a felony offense that bears a reasonable relationship to the functions of the license, or has been convicted at any time of a sexual or violent offense against a child.
4. The applicant gave false or misleading information in, or in connection with, the application.
C. To deny, suspend or revoke a license, the City Clerk shall either hand-deliver to the licensee, or mail by certified mail to the licensee at the mailing address shown on the application or otherwise more recently of record with the City Clerk, a written notice that the license is denied, suspended, or revoked. The cause for the denial, suspension, or revocation shall be set forth in the notice. Service shall be complete upon hand-delivery or, in the case of service by mail, five calendar days after mailing to the address of record. An applicant or licensee may appeal the denial, suspension or revocation of a license to the License Appeal Board pursuant to Chapter 19, Article III of this Code. If an application is denied pursuant to paragraph (A)(3), or revoked or suspended pursuant to paragraph (B)(3), the Board shall consider all of the following before overturning that denial, suspension or revocation:
1. The extent of the appellant’s criminal record.
2. The length of time that has elapsed since the offense was committed.
3. The nature of the offense.
4. Any applicable mitigating circumstances.
5. The degree to which the appellant participated in the offense.
6. The extent of the appellant’s rehabilitation, including:
a. Completion of probation, parole or community supervision.
b. Whether the applicant paid restitution or other compensation for the offense.
c. Evidence of positive action to change criminal behavior, such as completion of a drug treatment program or counseling.
d. Personal references attesting to the appellant’s rehabilitation.
e. Witness testimony that the appellant submits.
D. It shall be unlawful for any person to operate a business that has been licensed under this Article while the license for that business is suspended.
E. No license suspended shall be reinstated until an application fee has been paid.
F. A revoked license shall be surrendered to the City Clerk on demand at the expiration of the appeals process.
G. The City Clerk may, either before or after the issuance of a notice of suspension or revocation, provide for informal disposition of the matter by consent agreement.
H. The license of any person violating any of the terms of a consent agreement reached pursuant to this section shall be revoked for a period of one year. There shall be no administrative appeal from a decision to revoke a license for violation of any of the terms of a consent agreement. Any appeal taken shall be by way of special action in the Superior Court. (Ord. No. G-1600, § 4; Ord. No. G-3683, § 49; Ord. No. G-3836, § 10; Ord. No. G-3944, § 8, 1996; Ord. No. G-4586, § 6, 2004; Ord. No. G-4753, § 9, 2005; Ord. No. G-5224, § 18, 2008)