Sacramento Municipal Code Art. V Suspension, Revocation, and Modification of Permits

The director may suspend, revoke, or modify any permit issued pursuant to this chapter on any of the following grounds:

A. The director determines that any activity authorized by the permit is being carried out in a manner that constitutes a nuisance, or is injurious to the public health, safety, or welfare;

B. The operation of a food vending vehicle violates any condition of the permit or the conditional use permit of the private property upon which it is operating;

C. The operation of a food vending vehicle violates any provision of this chapter, this code, the Sacramento County Code, state law, or any other applicable law, including, but not limited to:

• 1. Chapter 5.68 regarding food vending vehicles,
• 2. Chapter 5.88 regarding outdoor vending,
• 3. Chapter 10.60 regarding the broadcasting of sound, and
• 4. The California Retail Food Code (commencing with Section 113700 of the California Health and Safety Code); or

D. There exists any of the grounds that would have been grounds for denial of the permit application. (Ord. 2015-0016 § 3)

A. No permit issued pursuant to this chapter shall be suspended, revoked, or modified until the permittee is provided notice pursuant to Section 5.68.230 and an opportunity to be heard by the director.

B. Notwithstanding subsection A of this section, a permit issued pursuant to this chapter may be suspended or revoked immediately upon the director's determination that any of the following circumstances exist:

1. The food vending vehicle permittee is in violation of the insurance requirements set forth in Section 5.68.060; or

2. Immediate suspension or revocation of the permit is necessary to protect the public health, safety, or welfare.

C. After a permit is immediately suspended or revoked pursuant to subsection B of this section, the permittee shall be provided notice pursuant to Section 5.68.230 and an opportunity to be heard by the director. (Ord. 2015-0016 § 3)

A. Notice of a hearing on the director's decision to suspend, revoke, or modify a permit issued pursuant to this chapter shall be served on the permittee. The notice shall be in writing and contain a brief statement of the grounds for the action, and the date, time, and location of the hearing.

B. The notice of hearing shall be served personally or by certified mail to the permittee at the address submitted in the permit application at least ten (10) calendar days prior to the hearing. Service by certified mail is complete at the time the notice is deposited in the mail. (Ord. 2015-0016 § 3)

A. If, after the permittee has had an opportunity to be heard, the director decides to suspend, revoke, or modify a permit issued pursuant to this chapter, the director shall cause written notice of the decision to be served personally or by certified mail to the permittee. The notice shall be in writing and contain:

1. The specific grounds for the decision;

2. A statement that the permittee may appeal the decision by submitting an appeal, in writing to the director, within ten (10) calendar days of the date of service of the notice; and

3. A statement advising that the failure to appeal the decision will constitute a waiver of all rights to an appeal hearing, and the decision will be final. Failure to properly and timely appeal the decision shall also constitute a failure to exhaust administrative remedies and a bar to any judicial action pertaining to the director's decision.

B. The notice of decision shall be served personally or by certified mail to the permittee at the address submitted in the permit application. Service by certified mail is complete at the time the notice is deposited in the mail. (Ord. 2015-0016 § 3)

A permittee shall return any permit that has been suspended or revoked to the director within three calendar days of the receipt of the notice of the director's decision. (Ord. 2015-0016 § 3)