22 | Page 2018 Roadside Vendor Package
(b) A point system is established for each violation offense. A list of offenses and their point assignments,
attached to Ord. No. 08-039 as Exhibit A and incorporated herein, shall be issued with each permit. An
accumulation of ten (10) points within any twenty-four-month period shall result in revocation of that permit.
All accumulated points for a given permit shall be cleared if no additional points are assigned on that permit
for a twelve-month period. Once the accumulated points have been cleared, the next offense in a particular
category shall be treated as a first offense. Points are cumulative for a given permit. If a business entity has
two (2) permits, points are tallied separately for each.
(c) A violation report shall be issued and shall include the permit number, name of permittee, time and date,
location, name of individual vending and nature of violation(s), as well as required corrective action, if any. A
copy of the report shall be given to the individual vending at the site. The original shall be maintained on file
at the Engineering Department. This report shall indicate all violations observed. Points shall only be
assigned for the highest violation cited at any given time. However, subsequent occurrences of any of the
cited violations shall be assigned points for subsequent (not first) occurrences. A copy of the violation report
and a statement of points assigned, both current and cumulative, shall be mailed return receipt requested to
the permittee at the physical address on record. If the cumulative total is ten (10) points or more, the
statement shall include official notification of revocation of the permit. Revocation shall be effective upon the
fifth day after mailing this notice to the last known address for permittee on record.
(d) Once a permit has been revoked, both the permit and the permit plate must be surrendered to the Engineering
Department. This must be done even in instances where permittee intends to appeal revocation. The County
Engineer or his duly authorized representative(s) may request both permit and permit plate at time of
violation. If not, it is the permittee's responsibility to surrender both, either in person or by mail, to the
Engineering Department. Failure or refusal to do so after notification of revocation shall subject permittee to
penalties provided herein.
(e) When a permit is revoked, the current number of allowable permits for that business entity is decreased by
one (1). This decrease remains in effect for a period of two (2) years from the date of revocation. At the end
of two (2) years, the number of allowable permits shall be increased by one (1).
(f) A modified revocation will occur in cases where a permit has been issued in error including, but not limited
to, on private, state or municipal roads, roads with insufficient right-of-way, within a municipality, abutting a
residence, adjacent to a sidewalk or bike path. A modified revocation means that vending must cease
immediately, but no points are assigned nor is the number of allowable permits for this business entity
decreased. Engineering staff shall assist the permittee with relocation, if requested. No additional fees shall
be charged. If the permittee decides to surrender the permit a pro-rated portion of the annual permit fee shall
be refunded, upon request.
(Ord. No. 97-40, § 15, 10-21-97; Ord. No. 08-039, § 1, 9-9-08)
Sec. 23-111. - Appeal.
(a) The following appeal process applies to both denial and revocation of a permit and will be heard by a county
hearing officer authorized under article 17, chapter C, section 7 of the Unified Land Development Code.
(1) The applicant (denial) or permittee (revocation) shall submit to the engineering department within seven
(7) working days of notification of denial or revocation, a notice of appeal along with a statement setting
forth the grounds for appeal and all allegations as to why the permit should not be denied or revoked.
The engineering department shall forward this notice of appeal, together with a report of the
circumstances surrounding the denial or revocation to the hearing officer.
(2) The decision of the hearing officer shall be conclusive and final. Should the hearing officer reverse the
denial or revocation, the permit shall be issued or reinstated. All parties shall bear their own costs and
expenses of such proceedings and no damages shall be compensable as a result of any county action
hereunder.
(b) The appeal process for a violation is as follows: The permittee shall submit to the engineering department
within seven (7) working days the notice of violation, a notice of appeal, a statement setting forth the grounds
for appeal and all allegations as to why the violation(s) should not be cited. The decision of the county
engineer or his duly authorized representative(s) shall be conclusive and final. Should the decision reverse
the violation citation, any points assigned shall be removed.
(Ord. No. 97-40, § 16, 10-21-97; Ord. No. 08-039, § 1, 9-9-08)
Sec. 23-112. - Limited exemptions.
(a) All vending locations permitted upon adoption of this article are exempt from the location criteria for residential
proximity on two-lane roads, and proximity to places of worship, schools and day care facilities. Permits
issued at these exempt locations may be renewed each year, provided there is no change in the permittee
or product category, the location has not become ineligible, and all other criteria are met. Under no
circumstances will new permits issued after the effective date of this article be allowed at the exempt
locations.
(b) At locations with multiple permits, the two permits with the earliest permit seniority date are exempt from
criteria limiting the number of permits per location to one. Other permits at these exempt locations shall be
required to relocate within ten (10) days of the effective date of this article. These required relocations shall
be exempt from the location criteria specified above in subsection (a). These exempt permits may be renewed
each year, provided there is no change in the permittee, vending location or product category, the location
has not become ineligible and all other criteria are met. Both exempt permits must be surrendered, relocated
or revoked before new permits can be issued at these vending locations.