§ 30-1489. Denials, revocation and suspension.

(a)

No permit shall be issued for vending to any person who has been convicted within five years immediately prior to the filing of the application for any felony or misdemeanor relating to alcohol or drug offenses and related matter; crimes of moral turpitude; gambling offenses and related matters; larceny, fraudulent conveyance, perjury and/or false swearing, or subrogation. Any conviction for dealing and/or trafficking in illegal drugs will automatically disqualify a vending applicant.

(b)

Failure to maintain initial qualifications shall be grounds for revocation or suspension.

(c)

Any permit issued pursuant to this article may be suspended or revoked by the police department's license and permit section for any of the following causes:

(1)

Fraud, misrepresentation or false statements contained in the application for the vending permits.

(2)

Fraud, misrepresentation or false statements made in connection with the selling of any article, merchandise, produce or permissible food item.

(3)

Violation of the provisions of Fulton County or DeKalb County Health Department regulations applicable folders of food permits.

(4)

Conduct of a vending business in an unlawful manner or in such a way as to constitute a menace or detriment to the health, safety or welfare of the public.

(5)

Failure on the part of a vendor to maintain initial eligibility qualifications.

(6)

Failure on the part of the vendor's assistant to maintain initial eligibility qualifications shall be grounds for the revocation or suspension of the vendor's assistant permit.

(7)

Failure to furnish any and all documentation requested by either the police department, the department of finance or the license review board for purposes of the investigation of any application or for the inspection of records pursuant to section 30-1463 within 30 days of such request.

(8)

Failure to abide by the duties imposed on the permit holder pursuant to section 30-1491.

(d)

Any person whose permit is revoked may not reapply for a vending permit until after the expiration of one year from the date of revocation. Four violations of any part of this article within a 12-month period shall constitute grounds for denial, revocation or suspension of a vendor permit.

(e)

In addition to carrying out all other investigations as may be permitted under this article, the police department's license and permit section shall investigate any alleged violation of this article upon receipt of a written, sworn complaint by any person who witnesses or becomes aware of a potential violation. Such complaint shall be signed under penalty of perjury, and shall be accompanied by any supporting evidence. After receiving a properly filed complaint, the police department's license and permit section shall conduct its investigation and, based on the results of such investigation, may suspend or revoke any permit issued pursuant to this article to the person who is the subject of such complaint by providing notice as required by section 30-1490(b). A copy of such notice also shall be provided to the person who filed the complaint.

(Code 1977, § 14-5180.5; Ord. No. 2004-59, §§ 10, 11, 9-28-04)