§ 5.43.090. Suspensions, revocation or denial of certificate.

A.

Any certificate issued pursuant to this chapter may be revoked or suspended for good cause or upon violation of any provisions of this chapter. Any person whose certificate has been revoked or suspended shall receive in writing as explanation of such action by the certificate inspector. The reasons for denial, suspension and revocation include:

1.

Fraud or misrepresentation in the application for the certificate; or

2.

Fraud or misrepresentation in the course of conducting the business of vending; or

3.

Conducting the business of vending contrary to the conditions of the certificate and/or regulations; or

4.

Conducting the business of vending in such a manner as to create a public nuisance or to constitute a danger to the public.

B.

The following factors will be considered in determining whether a permit should be suspended or revoked:

1.

The number of citations for violation of this chapter previously received by the artisan; and

2.

The number of previous suspensions and/or revocations imposed upon the artisan; and

3.

The number of occasions for which the artisan's certificate was subject to suspension or revocation and was not suspended or revoked; and

4.

The seriousness of the violation or misrepresentation and the danger to the health and/or safety of the public presented by the artisan's misrepresentation, noncompliance and/or misconduct; and

5.

Whether or not the condition subjecting the artisan to suspension or revocation is a nature that has been or can be corrected.

C.

Any certificate holder or applicant whose permit is suspended or revoked or whose application for a permit is denied may within fifteen (15) days of the date of action notify the Craft and Cultural Arts Department that the certificate holder or applicant desires reconsideration of that decision. A hearing before the Cultural Affairs Commission of the request shall be scheduled for the next regular meeting. The suspension or revocation will remain in effect pending the hearing. At the hearing, the certificate holder or applicant will be afforded an opportunity to be heard and present facts and witnesses on his or her behalf At that time a decision will be made which shall be final.

(Ord. 12291 § 11, 2000)