[HISTORY: Adopted by the City Council of the City of Englewood 10-5-1978 by Ord. No.
2335 as §§ 3-27 to 3-41 of the 1978
Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Fee Schedule — See Ch. 191.
Unless otherwise provided by ordinance or other provision of
law, the procedure for issuance of any license or permit, and the
procedure to be followed in the denial of any request for a license
or permit or any challenge to, or appeal from, the action of the licensing
authority in issuing or refusing to issue a license or permit, or
any suspension or revocation of a license or permit shall be as set
out in this chapter.
The term "licensing authority" as used herein means the City
official charged with the duty and responsibility of issuing any license
or permit, and unless otherwise provided by ordinance with respect
to any specific license or permit, the licensing authority shall be
the City Clerk.
An application for any license or permit shall be submitted
on forms provided for that purpose by the licensing authority and
shall include the following information:
A.
If the applicant is an individual, the name, home address and business
address of the applicant.
B.
If the applicant is a corporation, the name and business address
of the applicant, the name of the registered agent and the address
of the registered office of the corporation and the names and home
addresses of the officers of the corporation.
C.
If the applicant is a partnership, unincorporated association or
any form of business enterprise other than an individual or a corporation,
the name and business address of the applicant and the names and home
addresses of the partners and/or the principals of the applicant.
D.
If the license or permit is to be applicable to particular premises
or a part or parts thereof, the address of the premises and a designation
of any such part thereof.
E.
Any other information required by the ordinance or other provision
of law under which the license or permit is to be issued.
F.
Any other information required by the licensing authority to facilitate
the processing of such application and the determination as to whether
the requested license or permit should be issued.
Any fee required for the issuance of a license or permit shall
be tendered to the licensing authority with the application, and no
fee or part thereof shall be refunded in the event that the application
is rejected or withdrawn.
The licensing authority shall determine, as expeditiously as
possible, whether the applicant qualifies for and is entitled to receive
the requested license or permit and shall make or cause to be made
such investigation as he or she deems necessary to determine the applicant's
eligibility for and right to receive the license or permit. The licensing
authority shall have the right to request and receive assistance from
any other City agency, department or officer in making such investigation
and obtaining such information as shall be necessary or helpful in
making such determination.
If the licensing authority determines that the applicant has
met all of the requirements established by ordinance or other provision
of law and has complied with all provisions and conditions established
for the issuance of such license or permit, the licensing authority
shall issue such license or permit to the applicant.
A.
If the licensing authority determines that the applicant has not
submitted all required information or material, or in some other manner
has failed to establish the applicant's right to or qualification
for such license or permit, the licensing authority shall advise the
applicant of such determination.
B.
He shall afford the applicant a reasonable opportunity to submit
such additional information or material or establish such qualification.
A.
If the licensing authority determines that the applicant is not qualified
to receive the requested license or permit, or has not met the requirements
thereof as established by ordinance or other provision of law, or
for some other reason is not entitled to receive such license or permit,
the licensing authority shall advise the applicant, in writing, of
such decision and the reasons therefor.
A.
Any applicant who is denied a license or permit may request a hearing
thereon by submitting a written request therefor to the licensing
authority, and upon receipt thereof the licensing authority shall
fix a time and place for such hearing, which shall be not later than
10 days from his receipt of the written request therefor, and shall
advise the applicant of the time and place thereof.
B.
Such hearing may be informal.
C.
At the hearing the hearing officer shall explain to the applicant
the reasons for denial of the requested license or permit, and the
applicant shall be given the opportunity to submit to the licensing
authority any facts or reasons which the applicant believes supports
the application and which the applicant contends establishes the right
or supports the claim to the issuance of the requested license or
permit.
D.
Following the conclusion of the hearing, the licensing authority,
within 10 days thereafter, shall transmit to the applicant the written
decision of the licensing authority either affirming the denial of
the license or permit, or granting the license or permit or setting
out conditions to be met by the applicant prior to the issuance of
the license or permit.
A.
Any applicant who is denied a license or permit by the licensing authority may appeal such decision to the Council by filing written notice of such appeal with the City Manager within 10 days of the applicant's receipt of written notice from the licensing authority denying such license or permit; provided however, that no such appeal shall be permitted unless and until the applicant has requested a hearing before the licensing authority as provided in § 262-9 hereof and such hearing has been held and:
(1)
The licensing authority has thereafter denied such license or permit
or has set conditions for the issuance thereof which the applicant
believes are not justified and which the applicant is either unable
to meet or declines to meet; or
(2)
A period of 10 days has elapsed following the conclusion of the hearing
before the licensing authority and the licensing authority has not
rendered a written decision thereon.
B.
Upon receipt of such notice of appeal, the Council, or the City Manager
on behalf of the Council, shall fix a date for a hearing thereon which
shall be not more than 30 days after receipt of such notice of appeal.
C.
Prior to such hearing the licensing authority shall submit to the
Council the application for the license or permit in question, any
material which was submitted in support of or in opposition to said
application, a copy of the written decision or decisions which had
been delivered to the applicant, and any other material which the
licensing authority believes relevant to the Council's consideration
of the matter, including a written statement of the reasons why the
application was denied and why the licensing authority believes that
such application should be denied by the Council. The applicant shall
also submit to the Council any material which the applicant believes
supports the applicant's right to the requested license or permit,
including a written statement of the reasons for such conclusion and
the reasons why the applicant contends that the licensing authority
wrongfully or erroneously refused to issue the requested license or
permit.
D.
At the hearing the Council shall give the applicant the opportunity
to be heard and to set out the reasons why the applicant believes
the requested license or permit should be issued, and the Council
shall also give the licensing authority an opportunity to be heard
and to explain why the license or permit should be denied. The Council
may, but shall not be required to, receive new evidence or information
offered by either the applicant or the licensing authority or may
determine the matter solely on the basis of the information, facts
and material submitted to the licensing authority, together with the
arguments of both parties.
E.
Within 21 days following such hearing, the Council shall either affirm
the action of the licensing authority or reverse such action and direct
that the license or permit be issued, or take such other action as
it deems justified and called for by the provisions of applicable
ordinances and other provisions of law, and shall cause a copy of
such decision, which shall be in writing, to be transmitted to the
applicant and the licensing authority.
The licensing authority shall report to the Council each license
and permit issued, and each application therefor rejected, within
30 days following such action by the licensing authority.
A.
At any time that the licensing authority has reason to believe that
the holder of a license or permit is no longer qualified pursuant
to applicable ordinances or other provisions of law to hold such license
or permit, or has violated the ordinance or other provision of law
under which the license or permit was issued, or has violated some
other ordinance or provision of law by reason of which such license
or permit should be suspended or revoked, or for any other reason
believes that such license or permit should be suspended or revoked,
the licensing authority shall give the holder of such license or permit
notice thereof, including a specification of the reasons why the licensing
authority believes that the license or permit should be suspended
or revoked. The licensing authority shall, at the same time, fix and
advise the holder of the license or permit of a date for hearing of
such charges which, except as provided below, shall be not less than
five nor more than 15 days after issuance of such charges.
B.
Such hearing may be informal. At the hearing the licensing authority
shall present to the holder of the license or permit the facts, information
and other material which has led the licensing authority to conclude
that the license or permit should be suspended or revoked, and the
holder thereof shall have an opportunity to rebut such charges and
present such facts, information and other material in support of the
position of the holder of the license or permit.
C.
Following the conclusion of the hearing, the licensing authority
shall render a decision which may consist of a revocation of the license
or permit, a suspension of the license or permit for a specified period
of time, fixing terms and conditions with which the holder must comply,
in default of which the license or permit will be suspended or revoked,
or dismissing the charges, and the licensing authority shall furnish
the holder of the license or permit with a copy of such written decision
within 10 days following conclusion of the aforesaid hearing.
D.
If the licensing authority determines that, because of compelling reasons related to the public health, safety or welfare, or because of other compelling reasons, a license should be suspended before a hearing can be held in the manner described in Subsection A hereof, then the licensing authority may suspend such license prior to the holding of such a hearing and without prior notice to the holder of the license; provided, however, that in the event of such a suspension, the hearing described in Subsection A shall be held as soon as reasonably possible following such action.
A.
Within 10 days from receipt of a written decision of the licensing
authority revoking or suspending a license or permit, or imposing
terms and conditions thereon in default of which the same shall be
suspended or revoked, the holder of a license or permit may appeal
such decision to the Council by filing written notice of appeal with
the City Manager.
A.
Any person who objects to the issuance of any license or permit requested by an application being processed by the licensing authority, or who contends that a license or permit should be suspended or revoked, may request a hearing thereon before the licensing authority, in which event the licensing authority shall cause a hearing to be held in the manner described in § 262-9 hereof, provided that the applicant or the holder of the license or permit involved shall be given notice thereof and the right to participate therein in the same manner as described in § 262-9.
B.
Any person aggrieved by the decision of the licensing authority following such hearing, including any person who has objected to the issuance of such license or permit or requested the suspension or revocation thereof, may appeal such decision to the Council in the manner set out in § 262-10 hereof.
A.
The Council may, at any time, on its own motion, institute a review by the Council of the action of the licensing authority in issuing or denying any license or permit, in which event, such review shall, on notice to the holder of or applicant for such license or permit, and to the licensing authority, be conducted in the same manner as set out in § 262-10 hereof respecting an appeal to the Council.
B.
The Council may, at any time, on its own motion, direct the licensing authority to institute proceedings in the manner described in § 262-12 hereof respecting suspension or revocation of a license or permit, in which event the Council shall advise the licensing authority and the holder of such license or permit of its reasons for doing so, and thereupon such proceedings shall be held in the manner described in § 262-12 hereof.
