§ 227-8. Revocation of license; hearing.

A. 

Any license may be revoked by the Mayor and Council for any violation of this chapter, in addition to any other penalty imposed for any violation. Any license may be revoked if the licensee has failed to pay any fee or charge properly imposed under the authority of this chapter. Upon any violation, the Mayor and Council may suspend a license upon written notice to the license holder. Upon receipt of the notice of suspension, the license holder may, within 10 days, file with the Borough Clerk a written request for a hearing on the suspension before the Mayor and Council. The hearing shall be held within 30 days of the request, at which hearing the license holder shall have the opportunity to be heard. At the conclusion of the hearing, the Mayor and Council shall either revoke the license or shall reinstate the license. In the event that the license holder shall not request a hearing, the license shall be automatically revoked upon the expiration of 10 days after the notice of suspension has been given to the license holder.

B. 

Licenses issued under the provisions of this chapter may be revoked by the Mayor and Council, after a hearing and upon notice to the applicant, as set forth in Subsection A above, for any of the following reasons:

(1) 

Fraud, misrepresentation or false statement in the application for license.

(2) 

Fraud, misrepresentation or false statement made in the course of carrying on the regulated activity of this chapter.

(3) 

Any violation of this chapter, including but not limited to:

(a) 

Failure by the licensee to enter all transaction information set forth in § 227-11B(1) through (8) into the database within 24 hours after purchase of, receiving for pawn, or receiving for consignment any property, precious metals, metals, or secondhand goods as defined in § 227-1 or as described in Appendix I from the public.

Editor's Note: Appendix I is included as an attachment to this chapter.

(b) 

Failure by the licensee to properly maintain computer equipment in a reasonable fashion or failure by the licensee to replace faulty computer equipment such as is required under § 227-11C.

(c) 

Failure by the licensee to admit to the premises during business hours any member of the Wharton Police Department or other sworn law enforcement officer acting in the performance of their duty or to permit such officer(s) to conduct an inspection or review of records or regulated activity in accordance with § 227-11E.

(4) 

Conviction of any crime.

(5) 

Conviction of any disorderly persons offense involving moral turpitude.

(6) 

Conviction of an offense under the laws of the United States or any other state, which is substantially equivalent to the offenses named in Subsection B(4) or (5) above.

(7) 

Conducting the regulated activity in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety and general welfare of the public.