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An ordinance amending Section 13.08.040 of the Metropolitan Code of Laws regarding permits and penalties for vendors on or near public property.
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WHEREAS, the Nashville Department of Transportation and Multimodal Infrastructure presented a draft of this ordinance to the Metropolitan Traffic and Parking Commission during its regular meeting on August 12, 2024, and the Commission voted to recommend that the Metropolitan Council approve it.
BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Subsection 13.08.040.B.3.g is hereby deleted in its entirety and replaced with the following:
g. Any intentional misrepresentation on the application by a vendor shall constitute grounds for denial, probation, suspension, or revocation of a permit. The applicant will not be allowed to reapply for an application for a twelve-month period.
Section 2. That Subsection 13.08.040.C is hereby deleted in its entirety and replaced with the following:
C. Probation, Suspension, Revocation or Denial of Permits.
1. Any permit issued under this section may be placed on probation, suspended, or revoked by the commission, or its staff, for any of the following reasons:
a. Fraud or misrepresentation in the application for the permit; or,
b. Fraud or misrepresentation while conducting the business of vending; or,
c. Conducting business contrary to the conditions of the permit and/or these regulations; or,
d. Conducting business in such a manner as to create a public nuisance or to constitute a danger to the public health, safety, or welfare; or,
e. Cancellation of health department authorization for food or beverage vendors, as applicable.
2. The commission, or its staff, shall consider the following factors in determining whether a permit should be placed on probation, suspended, or revoked:
a. The number of citations for violation of this section previously received by the vendor; and
b. The number of previous probations, suspensions, and/or revocations imposed upon the vendor; and
c. The number of occasions for which the vendor's permit was subject to probation, suspension, or revocation but no action was taken; and
d. The seriousness of the violation or misrepresentation and the danger to the health and/or safety of the public presented by the vendor's misrepresentation, noncompliance and/or misconduct; and
e. Whether or not the condition subjecting the vendor to probation, suspension or revocation is of a nature that has been or can be corrected.
3. Written Notice of Probation, Suspension, Revocation or Denial
a. Upon probation, suspension, revocation, or denial of the issuance of a permit, the commission, or its staff, shall deliver written notice to the permit holder or applicant stating the action taken and the reasons supporting such action, and the right to reconsideration of that decision as set forth below.
b. The written notice shall be delivered to the permit holder's or applicant's place of business, as described on the application, or last known address. Placement of such notice in the U.S. mail shall constitute delivery.
c. A permit which has been placed on probation shall remain on probation until such time as the condition causing the probation has been corrected to the satisfaction of the commission, or for a period of time determined by the commission.
d. A permit which has been suspended shall remain suspended until such time as the condition causing the suspension has been corrected to the satisfaction of the commission.
e. A permit which has been revoked shall remain revoked for one year following the date of revocation. No vendor whose permit has been suspended or revoked may apply for a new permit during the period of suspension or revocation.
4. Any permit holder or applicant whose permit is placed on probation, suspended, or revoked, or whose application for a permit is denied may within fifteen days of the date of that action notify the commission that the permit holder or applicant desires reconsideration of that decision. A hearing of the request shall be scheduled for the next regular meeting of the commission. The probation, suspension, or revocation shall remain in effect pending the hearing. At the hearing, the permit holder or applicant will be afforded an opportunity to be heard and to present facts and witnesses on his or her own behalf. The permit holder or applicant shall not be entitled to an adversarial hearing or to examine any witness except those the permit holder may present on his or her own behalf.
Section 3. That Subsection 13.08.040.E is hereby deleted in its entirety and replaced with the following:
1. Any person who offers merchandise for sale in violation of this regulation or who violates any other provision of this regulation shall be penalized as is provided for in Section 1.01.030 of this Code, or, to the extent permitted by law, a fine of up to $50.00. These penalties may be assessed by the commission and will be deposited into the general fund of the metropolitan government. Commission and/or Nashville Department of Transportation staff are authorized to issue citations for these violations, and charged with doing so, as well as peace officers.
2. The permit of any person who offers merchandise for sale in violation of the regulation or who violates any other provision of this regulation may be placed on probation or suspended. The permit of any person who seriously endangers the health and/or safety of the public by misrepresentation or violation of this regulation, or who is convicted of three or more violations of this regulation during any twelve-month period, shall be revoked.
Section 4. This ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance amends Section 13.08.040 of the Metropolitan Code of Laws regarding street vendor permits to add an option to place a permitholder on probation.
Currently, Section 13.08.040 provides that a permit issued under the section may be suspended, revoked, or denied. The ordinance under consideration would add new provisions to allow the vendor to be placed on probation. A probationary period would last until such time as the condition causing the probation has been corrected to the satisfaction of the Traffic and Parking Commission, or for a period of time determined by the Traffic and Parking Commission.
In addition, outdated language regarding penalties would be updated. The new language would allow for a fine of up to $50 for violations of the section.