Chapter 5.04 BUSINESS LICENSING AND REGULATION
Section 5.04.260 Suspension and Revocation of License.
Suspension of business operation: When the conduct or operation of any
business shall
constitute a nuisance in fact and a clear and present danger to the public health, safety or general
welfare, the Mayor shall be authorized to summarily order the cessation of business, the closing
of the premises and the suspension of any license for a period not to exceed ten (10) days. Within
eight (8) days after he or she has so acted, the Mayor shall call for a hearing for the purpose of
determining whether or not the license should be suspended for an additional period of time or
revoked.
Revocation of License: Licenses issued under the ordinances of the City,
unless otherwise
provided, may be suspended for up to thirty (30) days or revoked by the Mayor after notice and
hearing as provided below for any of the following causes:
Any fraud, misrepresentation or false statement contained in the application
for the license;
Any violation by the licensee of ordinance provisions relating to the license,
the subject matter
of the license, or the premises occupied.
Conviction of the licensee of any felony or of a misdemeanor when such conviction
indicates
his inability to operate a safe, honest, or legitimate business operation within the City;
Failure of the licensee to pay any fine or penalty owing to the City;
Refusal to permit an inspection or sampling, or any interference with a duly
authorized City
Officer or employee while in the performance of his duties in making such inspections, as
provided in this chapter; or
Any other violation of any City Ordinances, Resolutions, or regulations.
Such suspension or revocation, if ordered, shall not preclude prosecution and
imposition of
any other penalties provided for the violation of other applicable ordinances of the City.
Hearing: Notice of the hearing for suspension or revocation of a license
shall be given in
writing setting forth specifically the grounds of the complaint and the time and place of the
hearing. Such notice shall be sent by certified mail (return receipt requested) to the licensee
at
his last known address at least five (5) days prior to the date set for the hearing.
At the hearing, the City Attorney shall present the complaint and shall represent
the City. The
licensee shall be permitted counsel and shall have the right to submit evidence and cross-examine
witnesses. A stenographic or electronically recorded record of the hearing shall be kept. The
Mayor shall preside and shall render the decision within a reasonable time after the conclusion of
the hearing, but not later than thirty (30) days after such conclusion. The decision shall be
in
writing and shall summarize the evidence and state the reasons for the decision.
Any licensee whose license is suspended or revoked shall pay to the City the
costs of the
hearing before the Mayor. The Mayor shall determine the costs incurred by the City for said
hearing, including, but not limited to, court reporter fees, the costs of transcripts or records,
attorneys' fees, the cost of preparing and mailing notices and orders, and all other miscellaneous
expenses incurred by the City or such lesser sum as the Mayor may allow.
The licensee shall pay said costs to the City with (30) days of notification
of the costs by the
Mayor. Failure to pay said costs within thirty (30) days of notification is a violation of this
section and may be cause for license suspension or revocation, or the levy of a fine.
(5.04.260 (Ord. 2077), Repealed & Replaced, 08/05/2002, Business Licensing and Regulation.)