§ 11-43. Suspension or revocation of commercial franchise.

(a)

The county may suspend or revoke any commercial franchise pursuant to this section 11-43.

(1)

A material violation of any of the terms and conditions of this chapter shall be cause for suspension or revocation of a commercial franchise.

(2)

The director may suspend a commercial franchise in accordance with this subsection 11-43(a)(2).

a.

If at any time the director reasonably determines that the commercial franchise holder has materially violated the requirements in this chapter, then the director may suspend the commercial franchise holder's commercial franchise for a time period not to exceed thirty (30) days and deliver written notice to the commercial franchise holder via certified U.S. mail, return receipt requested, at the address stated in the commercial franchise holder's latest application, instructing it to immediately cease all operations conducted pursuant to the commercial franchise during the duration of the suspension. The notice shall state the specific reasons why the director suspended the commercial franchise. The commercial franchise holder may appeal the suspension by delivering a written notice of appeal to the director on or before fourteen (14) days after the date the commercial franchise holder received or refused receipt of the written notice of suspension. The written notice of appeal shall contain the information stated in subsection 11-43(b)(1), below. The written notice of appeal shall be delivered via hand delivery, nationally recognized overnight delivery service provider, or certified U.S. mail, return receipt requested, at the division's mailing address. The commercial franchise holder's failure to timely deliver a written notice of appeal is a full and complete waiver of its right to appeal the suspension. The commercial franchise holder's timely delivery of a written notice of appeal tolls the suspension until such time as the county manager issues a written decision regarding the appeal in accordance with subsection 11-43(b), below.

b.

If at any time the director reasonably determines that the commercial franchise holder has repeatedly violated the material requirements of this chapter, then the director may immediately suspend the commercial franchise holder's commercial franchise and recommend to the county manager that the county revoke the commercial franchise. The director shall deliver the written recommendation to the county manager and deliver a copy of the recommendations to the commercial franchise holder via certified U.S. mail, return receipt requested, at the address stated in the commercial franchise holder's latest application, together with instructions that the commercial franchise holder immediately cease all operations conducted pursuant to the commercial franchise. The director's written recommendation shall state the specific reasons why the director recommends a revocation of the commercial franchise. The commercial franchise holder may appeal the suspension and recommended revocation by delivering a written notice of appeal to the director on or before fourteen (14) days after the date the commercial franchise holder received or refused receipt of the written notice of the revocation. The written notice of appeal shall contain the information stated in subsection 11-43(b)(1), below. The written notice of appeal may be delivered via hand delivery, nationally recognized overnight delivery service provider, or via certified U.S. mail, return receipt requested, at the division's mailing address. The commercial franchise holder's failure to timely delivery of a written notice of appeal tolls the suspension until such time as the county manager issues a written decision regarding the appeal in accordance with subsection 11-43(b), below. The director's written recommendation shall state the specific reasons why the director recommends a revocation of the commercial franchise.

(b)

Appeal from any suspension and proposed revocation of a commercial franchise.

(1)

A notice of appeal shall contain the following:

a.

A concise statement of facts alleged;

b.

A statement whether there are any disputed issues of material fact and, if so, the material facts in dispute;

c.

A concise statement of the ordinance section or of any statutory section or constitutional provision entitling the party to the relief requested; and

d.

Any other information the party believes material to the issue.

(2)

If a notice of appeal is timely filed, the county manager shall conduct a hearing concerning the appeal. The division shall provide the commercial franchise holder at least seven (7) days' advance written notice of the hearing date via certified U.S. mail, return receipt requested. The hearing shall be conducted not less than fourteen (14) nor more than sixty (60) days after the county's receipt of the franchise holder's notice of appeal.

(3)

At the hearing, the county manager shall permit the commercial franchise holder and the director an opportunity to present all of the relevant evidence concerning the commercial franchise revocation. The director shall first present the background of the matter, to include the decision at issue and the basis for the decision. The commercial franchise holder shall then have the opportunity for rebuttal, to present any facts the party deems relevant to the issue, and to present its argument in support of the relief it has requested. The county manager may question the parties as necessary to gain a full understanding of the issue.

(4)

The county manager shall fairly consider the evidence presented and then decide whether to uphold or reverse the director's hearing date, the county manager will issue a written decision which shall be the final and binding administrative action of the county.

(Ord. No. 13-069, § 4-3, 12-17-13)