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<br /> <br />(8) Applicant is not a United States citizen and is not legally permitted to be in the United <br />States. <br />(d) Where a reasonable basis is found to impose reasonable restrictions on the license, taking into <br />consideration one or more of the facts or circumstances, a license may have reasonable <br />conditions/restrictions imposed on the manner and circumstances under which the licensed <br />activity shall be conducted to preserve the public peace and protect and promote good order <br />and security. <br />(e) Failure of any person to comply with any of the ordinances of the city or the laws of the state, <br />or any conditions/restrictions imposed on a license, shall be grounds for denying or revoking a <br />license under this division. The city shall have the discretion to consider, in granting, denying, <br />or revoking a license, any reasonable facts or circumstances relating to public health, safety, and <br />welfare. <br />(f) If a license is denied by the office of the city clerk, the city clerk shall notify the applicant of the <br />determination in writing, including the facts and specific section or sections of this article upon <br />which this determination was made, and of their right to a hearing before the city council. <br />(g) Except as otherwise provided in this chapter 38, article VIII, peddlers, solicitors, and transient <br />merchant, and mobile food unit licenses shall be governed by the requirements and procedures <br />set forth in chapter 38, article II of this Code, including the notice and hearing provisions set <br />forth therein. <br /> <br />Sec. 38-414. - Restrictions. <br />(a) Transient merchants. <br />(1) Off-street parking required. No license for a transient merchant shall be issued for sales from <br />any location which does not have sufficient parking for customers or for areas where <br />customer parking would interfere with normal traffic flow. The planning manager must <br />determine that there is adequate off-street parking to serve both the principal use of the <br />property and the transient merchant use of the property. <br />(2) Location near intersection. No transient merchant license shall be issued, and no sales shall take <br />place, if the proposed location for transient merchant sales is within 150 feet of any <br />intersection. <br />(3) Duration of sales. No transient merchant license shall be issued for more than 365 days, <br />during which sales shall be limited to 30 days, unless a longer period of time is approved by <br />city council. At the time of the application for the transient merchant license, the applicant <br />shall state the times within the license period to be used by the applicant. <br />(4) Operation on public property. It shall be unlawful for any transient merchant to sell or offer for <br />sale any goods, wares, or merchandise on any public lands or public right-of-way within the <br />city. <br />(5) Operation on private property. No transient merchant shall sell or offer for sale any goods, <br />wares, or merchandise within the city from a stationary location on private property at any <br />location where such sales would not be permitted by Chapter 30, Article VI, and without <br />first obtaining the written consent of the property owner or occupant. <br /> Page 5 <br />