Fremont Municipal Code Art. VI Grant, Denial, Revocation, Suspension and Appeal

(a) The director or chief of police may deny a permit application submitted pursuant to this chapter for one or more of the following reasons:

(1) The application is incomplete and the required supplementary documents were not submitted within 20 days of a request for these documents by the director or chief of police or the application fee was not submitted. An applicant whose application is denied for failure to comply with this subsection is not eligible to reapply for one year;

(2) The applicant made a material misstatement or omission in the application or in a previous application. If the director or chief of police finds substantial evidence that an application contains a knowing or intentional material misstatement or omission, the director must deny the application. If the director or chief of police determines that an applicant made a material misstatement or omission, the applicant is not eligible to apply for a permit under this chapter for one year from the date the application is denied, but if the applicant made a knowing or intentional material misstatement or omission, the applicant is not eligible to reapply for five years;

(3) The mobile vending cart, trailer, or vehicle, as proposed by the applicant, would not comply with all applicable laws including, but not limited to, the provisions of this code; or

(4) The applicant, or any shareholder, partner, or member of the applicant, operator, employee, or volunteer within five years immediately preceding the date of filing of the application, has been convicted in a court of competent jurisdiction of a violation of any municipal, state or federal laws, except for minor traffic violations.

(b) Notice of Denial – Appeal. If an application for a permit issued pursuant to this chapter is denied pursuant to this section, the director or chief of police shall serve on the applicant by first class mail, postage prepaid, a written notice of denial which shall specify the grounds for the denial and shall indicate the appeal procedures as set forth in this article. (Ord. 06-2021 § 1, 6-15-21.)

(a) In addition to any other remedy available to the city under this code or state law, a permit issued pursuant to this chapter may be suspended or revoked by the director or chief of police where it is found by substantial evidence that any of the following have occurred:

(1) The permittee, or any employee of the permittee, has been found to have violated any provision of this chapter; or

(2) Any of the conditions for denial of a permit as listed in Section 5.35.320 would apply; or

(3) The permittee or any employee working on behalf of permittee has engaged in fraud, misrepresentation, sex crime, theft, possession of stolen property, the sale of narcotics, or moral turpitude or has knowingly made a misstatement of material fact while working in or for the permittee; or

(4) The permittee has continued to vend or solicit after the permit has been suspended; or

(5) Vending or soliciting in an unlawful manner or in such a manner which is detrimental to public health, safety or the general welfare of the public.

(b) The director or chief of police, before revoking or suspending any vending permit, shall give the permittee at least 10 calendar days’ written notice of the revocation or suspension. The notice must state the effective date of the suspension or revocation, the length of any suspension imposed, the alleged grounds for the revocation or suspension and indicate the appeal procedures as set forth in this article. Notice required under this section must be served on the permittee in person or by certified mail at the most recent home or business address on file. Notwithstanding the foregoing, the director or chief of police may immediately suspend a permit where the public health, safety, and welfare are in immediate danger.

(c) If the permittee is not also the legal owner of the real property on which the vending occurs, notice of such revocation shall be provided by the director or chief of police to the owner of record of the property as shown on the latest county assessment roll. (Ord. 06-2021 § 1, 6-15-21.)

(a) Written Appeal. If a permittee wishes to contest a proposed suspension or revocation or denial, he or she must request a hearing within 14 calendar days after receiving notice of the intended revocation or suspension or denial. The request must be served on the city clerk by mail or in person. If a permittee fails to timely or properly serve a hearing request, he or she waives the right to a hearing before suspension, revocation, or denial.

(b) Hearing. If a hearing request is timely and properly served, a hearing must be held before a hearing officer. A hearing officer designated by the city manager or his/her designee shall preside at the hearing. The hearing officer’s jurisdiction is limited to determining whether substantial evidence exists to provide grounds as specified in this chapter for suspension, revocation, or denial of the permit. If the hearing officer finds that grounds do not exist for revocation but do exist for suspension, the hearing officer must order the permit suspended. The hearing officer’s duties are to:

(1) Receive evidence regarding the proposed suspension, revocation, or denial;

(2) Preserve the evidence whether or not it is admitted;

(3) Record the hearing on audio tape and preserve the tape for the record;

(4) Decide whether grounds exist for the denial, suspension or revocation of the vending permit.

Both the permittee and the city have the right to appear and be represented by counsel, cross-examine witnesses, and present evidence and arguments whether good cause exists for suspension, revocation, or denial.

(c) Notice of Decision. Within 14 business days following the hearing, the hearing officer must issue a written decision that states whether the permit is denied, suspended, revoked, or that no grounds exist to deny, suspend, or revoke the permit, the factual and legal basis for the decision, and a notice that the permittee may appeal any suspension or revocation as described in subsection (d) of this section. The decision of the hearing officer must be served on the permittee by certified U.S. mail. The hearing officer’s decision is effective on the date the decision is mailed to the parties.

(d) Appeal. The hearing officer’s decision is subject to review under Cal. Code of Civ. Proc. § 1094.6. Any request for review must be filed within 90 days of mailed service of the hearing officer’s decision. The city council hereby expressly makes Cal. Code of Civ. Proc. § 1094.6 applicable to all proceedings for review of decisions under this chapter. (Ord. 06-2021 § 1, 6-15-21.)