Atlanta |
Code of Ordinances |
Part II. CODE OF ORDINANCES—GENERAL ORDINANCES |
Chapter 30. BUSINESSES |
Article XXIII. VENDING IN PUBLIC RIGHT-OF-WAY (PUBLIC PROPERTY VENDING) |
Division 2. PERMITS AND LICENSES |
§ 30-1434. Public hearing on suspension, fine, revocation or denial.
(a)
A fine, suspension, revocation or denial of a permit issued under this article may be appealed to the license review board within 20 days of the applicant or permit holder's receipt of notice as described herein.
(b)
Notice of the denial, fine, suspension or revocation shall be given in writing, setting forth the complaint, the grounds for denial, fine, suspension or revocation, and the time, date and place of the hearing. Such notice shall be mailed to the vendor at least five calendar days prior to the date set for the hearing. Such notice shall be mailed by registered or certified mail to the address shown on the application. The license review board shall conduct the hearing at a regularly scheduled license review board meeting and report its conclusions and recommendations to the mayor. The mayor, upon receiving the recommendation of the license review board, may, within 60 calendar days of receipt of said recommendation, deny or grant an application for a new permit and may revoke, within five years immediately prior to the filing of the application for any felony suspend, fine or refuse to renew any existing permit. In addition, within said 60-day period, if the mayor determines there is a need to correct a clear error or prevent a manifest injustice, the mayor may remand the application or matter back to the license review board for further hearing. If the mayor fails to take action within the 60-day period, the recommendation of the license review board shall become the final decision of the mayor. The decision of the mayor may be appealed via Certiorari to the Superior Court of Fulton County.
(c)
Under this section:
(1)
A first violation within 24 months will result in a $100.00 fine;
(2)
A second violation within 24 months will result in a fine of no less than $100.00 and no more than $1,000.00 and/or up to a 12-month suspension of the permit, or revocation of the permit.
(3)
A third violation within 24 months will result in the revocation of the permit.
( Ord. No. 2014-06(13-O-1339), § 3, 3-3-14 )