§ 10.58.120. Revocation and suspension of franchise and appeal procedure.

A.

The chief of police shall have the authority to suspend or revoke a franchise for any violation of this chapter or the policies that implement this chapter, any other otherwise unlawful activity, or for a danger to health and public safety. The chief of police shall issue a written notice to the franchisee stating the reasons for such suspension or revocation. Nonpayment of any franchise fee within thirty days of its due date shall be considered sufficient grounds to suspend or revoke a franchise.

1.

A decision of the chief of police to revoke or suspend a franchise may be appealed to the city manager by serving written notice of said appeal to the city clerk within three business days of written notice to the franchisee of the decision of the police chief. If no appeal is filed, then the revocation or suspension shall become final and effective on the fourth business day.

2.

If an appeal to the chief of police's determination is filed within three business days, then the city manager shall schedule an informal meeting with the franchisee at a mutually agreed upon time within five business days of the date of service to the city clerk. The chief of police or his/her designee may attend the informal meeting. At the meeting, the basis for the denial, revocation or suspension shall be explained to the appellant and the appellant shall be given an opportunity to respond thereto.

3.

The city manager shall render a final decision in writing within five business days following the informal hearing. If the revocation or suspension by the chief of police is upheld, then the appellant may appeal the city manager's decision to the city council by serving written notice of said appeal on the city clerk within five business days of the city manager's decision. If no appeal of the city manager's decision to the suspension or revocation of a franchise is filed within five business days, then such suspension or revocation shall become final and effective on the sixth business day.

4.

If an appeal regarding a franchise is filed, the city clerk shall schedule a hearing before the city council within thirty calendar days of the date served with the notice of appeal. The decision of the council is final on the date it is announced.

B.

Notwithstanding the above, any revocation or suspension resulting from a deficiency related to insurance coverage or that, in the opinion of the chief of police, is necessary to protect the public safety, shall be effective immediately regardless of the appeal process.

C.

All time limits may be extended by mutual consent of the parties.

(Ord. No. 1089, § 2, 9-1-09)