Borough of Downingtown, PA Article III Suspension, Revocation and Appeals

§ 211-23 Permit suspension or revocation.

A. Any permit issued under this chapter may be revoked or suspended by the Chief of Police or the Codes Office for any of the following reasons:

(1) Fraud, misrepresentation or false statement contained in the application for a permit;

(2) Fraud, misrepresentation or false statement made by the permittee in the course of peddling or soliciting;

(3) Peddling or soliciting in violation of this chapter or contrary to the provisions contained in the permit;

(4) Conviction for any crime involving moral turpitude; or

(5) Peddling or soliciting in such a manner as to create a public nuisance, a breach of the peace, endanger the health, safety or general welfare of the public, or otherwise in violation of local, state or federal law.

B. In the case of an ice cream or frozen dessert vendor, a license may also be suspended or revoked for a violation of any of the provisions of §§ 211-14 through 211-21 of this chapter.

C. The Chief of Police may immediately suspend any permit, pending the suspension or revocation hearing, if the public health, safety, or welfare is deemed by him/her to be best served by such a temporary suspension.

§ 211-24 Appeals.

A. Any person aggrieved by the action or decision of the Chief of Police to deny, suspend or revoke a permit applied for under this article shall have the right to appeal such action or decision to the Borough Council within 10 days after the notice of the action or decision has been mailed to the person.

B. An appeal to the Borough Council shall be taken by filing with the Code Enforcement Office a written statement setting forth the grounds for the appeal.

C. Any person whose permit has been revoked shall be entitled to appear, with counsel if he so desires, before the Borough Council at a regular meeting and be heard pursuant to a request for reinstatement of his registration.

D. The decision of the Borough Council on the appeal shall be final and binding on all parties concerned.

§ 211-25 Eligibility for new permit restricted.

Any person denied a license or permit or whose license or permit has been suspended or revoked in accordance with § 211-23 of this chapter shall be ineligible to apply for a new license or permit for a period of six months from the date of such denial, revocation or suspension, unless the applicant shows that the conditions upon which such action was based have been remedied or removed.