A.
Licenses or permits issued under the provisions of this chapter may
be revoked, or suspended for a specified period of no greater than
90 days, by the licensing authority, City officer responsible for
enforcement or by the City Council for any of the following reasons:
(1)
Fraud, misrepresentation or false statement contained in the application
for license or permit.
(2)
Fraud, misrepresentation or false statement by the licensee or permittee
in the course of conducting the business, trade, occupation or activity
licensed or permitted.
(3)
Violation of this chapter or any other law, statute, ordinance or
regulation pertaining to the business, trade, occupation or activity
licensed or permitted.
(4)
Conviction of any crime involving moral turpitude.
(5)
Conducting the business, trade, occupation or activity licensed or
permitted in such a manner as to constitute a breach of the peace
or a menace to the health, safety or general welfare of the public.
B.
Revocation of any license or permit shall be in writing, and the
holder of any such license or permit shall be notified either in person
or by registered mail sent to the address given in the application.
Such notice shall specify the reason or reasons for which the license
or permit is being revoked.
C.
Suspension of any license or permit shall be in writing, and the
holder of any such license or permit shall be notified either in person
or by registered mail sent to the address given in the application.
Such notice shall specify the reason or reasons for which the license
or permit is being suspended and the time period for such suspension,
and such notice shall also state that said suspension shall automatically
become a revocation unless the violation is rectified.
D.
Pending the reinstatement of any license or permit revoked or suspended
under the provisions of this article, the business, trade, occupation
or activity licensed or permitted shall not be conducted.
E.
No license or permit revoked or suspended shall be reinstated until
the licensing authority shall have determined that any violation has
been rectified. In the event that a violation which was the reason
for a suspension is not rectified within the specified time period,
such suspension shall automatically become a revocation, provided
that the notice of suspension so states.
F.
No license or permit shall be reinstated after revocation until there
is paid to the licensing authority a fee of $5.
Any person aggrieved by denial of a license or permit or by
revocation or suspension of a license or permit shall have the right
of appeal as follows:
A.
Manner of appeal; time limit. Appeals from the denial, revocation
or suspension of a license or permit shall be taken by the applicant,
licensee or permittee, or his duly authorized agent, to the City Council
by the filing of a written notice of appeal with the City Clerk within
10 days after notice of denial, revocation or suspension has been
given.
C.
Time of hearing and notice. Appeals shall be heard by the City Council
within 15 days from the time the notice of appeal is filed, notice
of the time and place of such hearing being given to the appellant
by the City Clerk at least 72 hours prior to the time of such hearing,
either in person or by registered mail.
D.
Conduct of hearing. The appellant shall have an opportunity to be
fully heard at the hearing before the City Council and may be assisted
or represented by his duly authorized representative or legal counsel.
The testimony of witnesses and pertinent City officials may also be
heard, as deemed advisable by the City Council.
E.
Decision on appeal.
(1)
The City Council shall render its decision on the appeal without
delay, and failure to render such decision within 30 days from the
date of the hearing on the appeal shall be deemed to be decided favorably
to the appellant in the same manner as though a decision had been
rendered to that effect.
(2)
All decisions shall be in writing, and notice of such decision shall
be given to the appellant either in person or by registered mail sent
to the address given in the application.
(3)
The decision of the City Council upon an appeal shall be final and
conclusive.
This article shall in no way operate or be construed so as to
abrogate or annul any powers or authority pertaining to the hearing
of appeals which may elsewhere be delegated to boards or agencies
established by the City Council by ordinance. Hereby affirmed, however,
is such authority and power of the City Council to make final decisions
as to appeals as may be granted by the laws or statutes of the state.
