Legal Documents of Gatlinburg

Whenever the city manager has knowledge that any person has violated any of the provisions of this chapter or that any promoter, agent or solicitor of a permit holder has misrepresented the purpose of the solicitation, or fails to abide by the limitations set forth in § 9-307, the city manager shall immediately suspend said person's permit. The city manager shall then give the permit holder written notice to the address listed on the application that said person has been suspended from further solicitation. Said notice shall state the reasons and facts relied upon by the city manager in taking this action. Said suspension shall be binding upon the permit holder unless he shall have requested a hearing within five (5) days of the notice of the suspension. If the permit holder or the person suspended wish to challenge the suspension, upon giving notice to the city manager, a hearing shall be held within fifteen (15) days of the request. The hearing shall be held by the city manager or designee and at such hearing the permit holder as well as the individual or any other interested person may present evidence regarding the suspension. The city manager shall render a decision within two (2) days following the hearing and said decision shall be reduced to writing and a copy thereof delivered to the permit holder and the individual involved. If the city manager finds that a violation has occurred, the suspension shall be upheld. Suspensions shall be for a minimum of ninety (90) days. If the city manager determines that violations have not occurred, the privilege of soliciting shall be reinstated for the suspended individual. (1976 Code, § 5-306, as replaced by Ord. #2355, Sept. 2006)