§ 5-4-7 — VIOLATIONS; SUSPENSION; REVOCATION

5-4-7: - VIOLATIONS; SUSPENSION; REVOCATION

(A) It is a violation of this Chapter for any person to provide false information on any license application. (B) It is a violation of this Chapter for a person to operate a mobile food unit that fails to meet all the requirements of this Chapter. (C) It is a violation of this Chapter for a mobile food vendor to fail to display the license or any other required document, including proof of insurance, fire inspection, permit from Maricopa County Environmental Services Department, and license from Arizona Department of Health Services, to a police officer or other City official on demand. (D) The Licensing Administrator must give written notice of a violation to the licensee or designated agent that may result in the suspension or revocation of the license and/or a civil penalty. The notice must include a description of the violation, the statutory or code reference, how the licensee 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 license. The notice must be served on the licensee or designated agent by either personal service or registered/certified mail. Service of the notice will be deemed complete upon mailing to, or personal service on, the licensee or designated agent. (E) The licensee or designated agent receiving a notice under this Section may request a hearing pursuant to Section 5-4-9 below. If the licensee fails to comply with the requirements of this Chapter by the date provided in the notice and does not request a hearing, then the Licensing Administrator may suspend or revoke the license as provided in this Section. (F) In addition to any penalties set forth in this Chapter, a license will be suspended if, during the term of the license, the licensee or a controlling person has violated any of the provisions of this Chapter. During the suspension period, the licensee must not operate any mobile food unit associated with the suspended license. 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 the fine is paid. The penalty for a suspension of a license will be: (1) For the first suspension of a license during a twenty-four (24) month period, the license will be suspended up to fourteen (14) calendar days and a fine will be imposed in the amount prescribed in the schedule of fees and charges. (2) For the second suspension of a license during a twenty-four (24) month period, the license will be suspended a minimum of fifteen (15) calendar days up to a maximum of thirty (30) calendar days and a fine will be imposed in the amount prescribed in the schedule of fees and charges. (3) For the third suspension of a license during a twenty-four (24) month period, the license will be revoked. (G) In addition to a revocation for a third suspension as set forth in Subsection (F) above, the Licensing Administrator may revoke a license if the Licensing Administrator or other City official determines that: (1) A mobile food unit associated with a suspended license was operated in the City during the suspension period; (2) A licensee, designated agent, or controlling person, following the issuance of a license, is convicted of any offense listed in Section 5-4-4(H)(6); (3) A licensee, designated agent, or controlling person operated or attempted to operate a mobile food unit without a valid license; (4) A licensee or designated agent was previously issued three (3) or more notices of suspension or violation within a twenty-four (24) month period; (5) A licensee, designated agent, 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 or license fee prescribed in the schedule of fees and charges or any transaction privilege tax has not been paid; or (7) A licensee failed to pay outstanding fines or resolve any violations. (H) If a license is revoked pursuant to this Section, the licensee and each controlling person must not apply for a license for a period of one (1) year from the date of revocation.

(Ord. No. 5623, § 1, 5-17-21)