2026-009 - Amend Chapter 5, Business Regulations Article 5.05 Solicitors, Vendors and Handbill Distributors, by adding Division 3, Donation Boxes

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the hearing decision to the applicant or permit holder requesting the hearing. In reaching his or her decision, the Administrator or designated appeal officer may consider the factors set forth in subsection (j) (4) herein. (4) An applicant or permit holder for whom a denial or revocation of a permit has been sustained after the hearing in front of the Administrator or designated hearing officer may appeal that decision directly to the City Appeal Officer. (5) An appeal, either to the Administrator or designated hearing officer, or to the City Appeal Officer, shall not stay the denial or revocation of the permit unless otherwise directed by the Administrator. (j) Appeals of Administrator Decision (1) All appeals to the City Appeal Officer must be made in writing and received by the city no later than ten (10) calendar days after any final decision of the Administrator or designated hearing officer in accordance with subsection (i). (2) The City Appeal Officer shall schedule the appeal hearing for no less than twenty (20) days from receipt of the appeal and shall provide written notice of the time and place of the appeal to the appellant. (3) If the City Appeal Officer finds by a preponderance of the evidence that the denial or revocation of the donation box permit was necessary to protect the health, safety, or welfare of the general public the City Appeal Officer shall affirm the denial or revocation of appellant's donation box application or permit. (4) The City Appeal Officer may consider any or all of the following factors when reaching a decision on the merits of the appeal: (A) The number of violations, convictions, or liability findings; (B) The number of previous revocations or denials; (C) The number`of repeat violations at the same location; (D) The degree to which previous violations endangered the public health, safety, or welfare; or (E) Any pending action or investigation by another agency. (5) After the hearing, the City Appeal Officer shall issue a written order. The order shall be provided to the appellant by personal service or by certified mail, return receipt requested. (6) The City Appeal Officer may affirm or reverse the denial or revocation of the donation box permit. If affirmed, the order issued must state that the appellant is not eligible 8