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A. 

1. In addition to default for accrued penalties, upon recommendation by the city manager, the city council may terminate a franchise for the franchise holder’s default in performing any material term or condition of the franchise.

2. An event of default also shall include, but not be limited to, entry of a judgment against the franchise holder for material misrepresentation or deceit committed against the City or a customer, or entry of a judgment of conviction (including conviction on a plea of no contest) against the franchise holder or any principal of same for a crime involving dishonesty.

B. 

1. Notice to a franchisee of default shall be delivered to the franchisee by certified mail requiring the franchisee to show cause in a public hearing before the city council at a place and time to be stated in the notice, but no earlier than 14 days from the date the notice is mailed, why the franchise should not be terminated.

2. At the hearing the franchisee shall demonstrate the measures it has taken or commenced to cure the default. [BC 4.08.430, added by Ordinance No. 4203, 5/6/02; amended by Ordinances No. 4613, 4/2/13, Ordinance No. 4794, 12/1/20]