Franchise—Suspension; revocation; appeal.
El Paso City Code § 9.85.130
in effect9.85.130 - Franchise—Suspension; revocation; appeal.
A. Suspension. The chief of the fire department may issue a written notice of suspension or deferred suspension not to exceed sixty days subject to this chapter if the director determines that any of the following is true:
1. The franchisee has breached a provision of the franchise agreement;
2. The franchisee has had its provider license revoked, suspended, reprimanded or placed on probation by the Texas Department of State Health Services;
3. The franchisee is in violation of a provision of this chapter or a rule adopted under this chapter;
4. The franchisee is indebted to the city for fees or payment of penalties imposed by this chapter or by a rule adopted under this chapter;
5. The franchisee is not fit, willing, or able to continue operating the franchise in accordance with the license, this article, the rules and regulations established by the chief of the fire department, and other applicable state and federal laws;
6. The franchise is operating under a trade name other than the one granted to the franchise;
7. The franchisee was convicted of any felony offense while the franchise was granted; or
8. Continued operation of the franchise poses a risk to the health and safety of the community.
B. Revocation. The chief of the fire department may issue a written notice of revocation a franchise if the franchisee violates this chapter on two or more occasions within a twelve-month period or if the chief of the fire department determines:
1. The franchisee supplied false or misleading information on the application for the franchise, provider license, or any other license provided by the state.
C. Notice. The chief of the fire department shall issue a written notice of suspension, deferred suspension, or revocation of a franchise to the franchisee, which shall contain, as applicable, the following:
1. Name and address of the franchise;
2. Statement of whether the franchise is suspended or revoked;
3. Reason(s) for the suspension or revocation;
4. In the case of a suspension, a recommendation for corrective measures to bring the franchise into compliance with the requirements of this chapter;
5. Reasonable time limit for the completion of the corrective measures;
6. Statement that the franchise, if suspended, is subject to revocation for failure to complete the corrective measures within the allotted time; and
7. Statement that the suspension or revocation may be appealed.
D. A franchisee may not reapply for a new franchise for a period of twelve months after said franchise has been revoked.
E. A franchisee whose franchise has been suspended shall not work for another franchise as an employee, representative, or ambulance personnel during the suspension period. This subsection shall not apply to an employee exclusively earning a wage or salary.
F. Appeal. Within ten business days of denial, suspension or revocation, the chief of the fire department shall prepare a report indicating the reasons for the suspension or revocation, and shall provide a copy to franchisee at the address given in the franchise agreement. The decision of the chief of the fire department is final unless within ten calendar days from the date of receiving such official's report, the franchisee files with the city clerk a written appeal to the city manager specifying reasons for the appeal. Said appeal shall also include a written rebuttal to the chief of the fire department's report.
G. The city manager or a designee other than the chief of the fire department shall review the report of the chief of the fire department and the appellant's rebuttal. The city manager or designee may allow the appellant to make an oral argument or submit additional rebuttal. The city manager or designee shall make a ruling on the appeal within fourteen days after the appeal has been filed.
H. The city manager or a designee other than the chief of the fire department shall sustain, reverse or modify the action of the chief of the fire department and shall notify the appellant of the decision in writing. The decision of the city manager or designee is final.
(Ord. No. 019616, § 3, 4-23-2024)
Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT9HESA_CH9.85EMTRAMSE_ARTIIPREMTRAMSE_9.85.130FRUSREAPFetched: 10/28/2026