§ 22-70. Renewal of biannual permit.

(a)

A biannual permit may be automatically renewed upon application of the holder accompanied by a renewal service charge of five hundred dollars ($500.00) unless the city manager notifies the holder of his intention to deny the permit renewal based on his determination that:

(1)

The holder is not in compliance with the permit and applicable provisions of this Code and other law;

(2)

The holder is not fit, willing or able to continue to operate and maintain the public improvements authorized hereunder in accordance with the permit and applicable provisions of this Code, city manager regulations and other applicable law; or

(3)

The public convenience and necessity does not require the continued service.

(b)

If the city manager determines that a denial of a permit or a material change in the terms or conditions of the permit is required by the public convenience and necessity and not agreed to by the holder, or if a holder requests a material change in the terms or conditions of the permit not approved by the city manager, the city manager shall submit for consideration by the city council a written report containing his recommendations for denial or his recommendations for the proposed or requested change together with supporting findings of fact. Upon action being taken by the city council, the city manager shall issue a denial of permit renewal or renew the permit, as directed by the city council. In the case of renewal, he shall incorporate such changes as authorized by the city council.

(c)

If the permit expires through no fault of the holder before a ruling on the approval or denial of the renewal, the permit holder may continue operating pending a final decision hereunder. The holder shall cease operation immediately upon final denial of the request for renewal by the city manager or city council as the case may be.

(Ord. No. 88-03, § 1, 4-5-1988)