§ 126-57. Same—Notice of hearing; due cause.

(a)

The director of public safety shall provide a wrecker service with a hearing prior to suspension or revocation of its zone permit, giving the wrecker service at least three days' notice of the time and place for hearing.

(b)

A revocation shall terminate all authority and permission with respect to zone privileges. Any wrecker service whose zone privileges have been revoked shall not be eligible to again apply for such privileges for a period of not less than one year from the final date of revocation.

(c)

Due cause for the suspension or revocation of zone privileges shall consist of any of the following with respect to the wrecker service:

(1)

Violation of any laws, ordinances or resolutions regulating such business or violation of regulations made pursuant to authority granted for the purpose of regulating such business.

(2)

The wrecker service has supplied false information to the director of the business license bureau or to the director of public safety or to the police department.

(3)

The licensee has failed to obtain, or has suffered expiration, suspension or revocation of, any paper or document necessary in pursuance of its business as may be required by any officer, agency, authority or department of the county, state or the United States, under authority of any law, ordinance or resolution of the county, state or United States.

(4)

The wrecker service has failed to comply with any provision of this article.

(5)

The wrecker service has engaged in any fraudulent business transaction which is made punishable by the laws of this state or of the United States.

(6)

The wrecker service has made any misrepresentation of fact, whether through advertisement or through any form of direct communication, oral or written, which is intended to mislead the public or to mislead any party with whom the wrecker service deals in pursuance of its business. The term "misrepresentation of fact" as used in this subsection shall embrace not only express misrepresentations, but also misrepresentations arising by virtue of the wrecker service's conduct, including acts and omissions.

(7)

The wrecker service fails to maintain adequate equipment or personnel to perform the services required.

(8)

The wrecker service fails to properly maintain and provide an impound lot.

(9)

The wrecker service repeatedly fails to respond to calls within a reasonable period of time.

By way of illustration only and without limiting the scope of this subsection, "due cause" as defined in this subsection shall consist of any act or practice designated as unlawful in section O.C.G.A. § 10-1-393, the Fair Business Practices Act of 1975.

(d)

Upon any adverse determination by the director of public safety, the wrecker service may, within 30 days, appeal such adverse determination to the license review board as provided in section 6-90.

(Ord. of 7-26-94; Code 1977, § 3-25-44; Ord. of 9-12-95)