§ 840-13. Revocation of Street Ticket Sales License.

(a)

The office of administrative hearings has the duty to keep records of violations of Section 840-7 of the Cincinnati Municipal Code. Whenever a person is found to have committed a third offense in violation of Section 840-7 of the Cincinnati Municipal Code, whether by admission, finding by the hearing examiner, or default, within a one-year period, or a person fails to pay a civil fine for a violation of Section 840-7 and the fine has been sent for collection, the office of administrative hearings shall notify the city treasurer, who shall send a notice of revocation of a street ticket sales license to the person to whom the license was issued by ordinary U.S. Mail to the address shown on the application for the license.

(b)

A person may request a hearing before the city treasurer to contest the revocation of a street ticket sales license. The request shall be filed in writing with the city treasurer within ten days of the date of notice of revocation. The city treasurer shall set a date for the hearing and notify the person, in writing, of the date, time and location of the hearing. The city treasurer shall conduct a public hearing on the revocation of a street ticket sales license whenever the person whose license is subject to revocation requests a hearing. The hearing shall be held within ten days after the filing of the request, unless the delay is agreed to by the person whose license is subject to revocation and is necessary in the interest of justice.

(c)

The office of administrative hearings shall submit to the city treasurer all notices of civil offense and civil fines, the civil fine due, payments, delinquency and collection charges, and other relevant information pertaining to the person whose license is subject to revocation. The city treasurer shall provide a copy to the person whose license is subject to revocation and enter the information into the record.

(d)

At the hearing, all testimony shall be under oath. The person whose license is subject to revocation may:

(1)

Present positions, arguments, and contentions;

(2)

Offer and examine witnesses and present evidence in support;

(3)

Cross-examine witnesses;

(4)

Offer evidence to refute evidence and testimony offered in opposition; and

(5)

Proffer any such evidence into the record, if the admission of it is denied by the city treasurer.

(e)

The city treasurer has the duty to issue a decision and make findings of fact from the record and conclusions of law in support of the decision within ten days from the close of the hearing. The findings and conclusions must demonstrate that the decision is consistent with applicable laws, ordinances and regulations and the interests of justice.

(f)

If the city treasurer determines that the person has committed a third offense in violation of Section 840-7 of the Cincinnati Municipal Code within a one-year period, or has failed to pay a civil fine for a violation of Section 840-7 and the fine has been sent for collection and remains unpaid, the city treasurer has the duty to revoke the license and declare the person be ineligible to obtain a street ticket sales license for a period of 30 days from the date of the revocation.

(g)

The decision of the city treasurer on a license revocation is final, subject to appeal as may be provided by law.

(h)

If a person who has been sent a notice of revocation of a street ticket sales license fails to request a hearing before the city treasurer to contest the revocation within the ten-day period allowed for the request of a hearing, the revocation of the street ticket sales license shall take effect at the expiration of the ten days, and that person shall be ineligible to obtain a street ticket sales license for one year from the date of the revocation.

(Ordained by Ord. No. 075-2001, eff. Mar. 14, 2001)