A. Reasons Specified: The city may suspend, revoke or refuse to issue or renew a license for any of the following reasons:
1. Fraud or misrepresentation in its procurement.
2. Violation of this chapter or failure to comply with all of the provisions of this chapter.
3. Failure to pay any license fee levied when due.
4. Failure to comply with the requirements imposed by the provisions of title 10 of this code.
5. Violation of any city ordinance or state or federal statute involving moral turpitude.
6. Conduct or act of the licensee or his employees, or any act permitted by them, on the premises where such business is conducted tending to render the premises a public nuisance or a menace to the health, peace or general welfare of the city.
7. A violation of city ordinance or federal or state statute relating to the business or activity which is licensed and resulting from the conduct of such business or activity.
8. The licensee has refused to allow authorized representatives of the city to make an inspection or has interfered with such representative while in the performance of his/her duty in making such inspection.
9. The licensee is not complying with a requirement or condition set by the planning commission or community development department, under a conditional use permit; by the city council; or by agreement.
10. Upon reasonable grounds to believe that the licensee has engaged in any conduct which immediately endangers the health or safety of persons or protection of property within the city.
B. Enforcement:
1. The city administrator, or his/her designee, shall have the authority to deny, suspend or revoke a license without a hearing, for reasons provided for in this chapter.
2. The city administrator, or his/her designee, may, on his or her own initiative or in response to complaints from the general public or any city department or division, investigate and gather evidence of violation of this title or other circumstances which may give rise to a denial, suspension or revocation.
C. Procedure For Suspension Or Revocation: The city administrator, or his/her designee, shall cause written notice to be given to the applicant or licensee, as outlined herein below, of his or her decision to deny, suspend or revoke a license, the reason for such decision, that operation of a business after the effective date of the suspension or revocation is a class B misdemeanor, the licensee's right to appeal the city administrator's, or his/her designee's, decision and have a hearing, and the appeal procedure. However, if that decision is appealed, the suspension or revocation shall not take effect until the time period for appealing the decision as set forth in this chapter has passed.
D. Appeal Procedure:
1. Appeals of the city administrator's, or his/her designee's, decision to deny, suspend or revoke a license may be made by filing a written notice of appeal to appear before the city council with the city recorder within fifteen (15) days of receipt of the notice of denial, suspension or revocation.
2. The notice of appeal shall be in writing and shall set forth with specificity the reasons for which the appeal is taken.
E. Hearing; Notice:
1. If the city administrator's, or his/her designee's, decision is appealed, before the city council finalizes the suspension, revocation or refusal to issue or renew any license as provided in this chapter, it shall first afford the licensee an opportunity in a hearing to show cause why the license should be issued or renewed or should not be suspended or revoked. If the reason for the suspension, revocation or refusal no longer exists or has been cured to the satisfaction of the city administrator prior to the date set for hearing before the city council, the city administrator shall give written notice to the licensee and cancel the hearing and the licensee shall not be required to appear before the city council.
2. The date, time and place of the hearing shall be fixed by the city council and notice thereof shall be personally served on the licensee or the notice may be mailed to the licensee at the address shown in his last application. The city council must take all possible steps to assure that the licensee gets actual notice. The notice shall indicate the purpose of the hearing and the action contemplated.
3. At the hearing, the licensee or applicant shall have the right to appear personally or by counsel, to cross examine witnesses appearing, and to produce evidence and witnesses in his behalf.
4. After such hearing and upon due deliberation, the city council shall notify the licensee of its findings and determination. (Ord. 790, 2-7-2012)