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 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;

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

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.)