(A) The Mayor may suspend or revoke a permit when he finds that any permit holder has:
(1) Violated any provision of this article, including operating without a permit, or any other applicable ordinance or statute;
(2) Violated any lawful order, rule or regulations of the Mayor;
(3) Made any material false statement in his application for the public dance permit;
(4) Allowed his premises to remain a public nuisance as that term is defined by Section 30-8-1 NMSA 1978, after written notice from the Mayor that the establishment constitutes a public nuisance in the neighborhood. This division (4) does not preclude the Mayor's authority to proceed under any other provision of this article.
(B) If the Mayor determines that grounds exist for the revocation or suspension of a permit, he shall give the permit holder written notice that the permit is being suspended or revoked, stating:
(1) The nature of the grounds relied upon for such action;
(2) The approximate date of each alleged violation or incident;
(3) The conditions of the suspension or revocation;
(4) The date upon which the suspension or revocation shall take effect, which shall not be less than ten working days from the date the notice is personally served or delivered by certified mail;
(5) Notice that the permit holder may appeal a decision of suspension, revocation, or denial by filing with the Mayor a written request for hearing, which request must be received by the Mayor on or before the effective date of such suspension, revocation, or denial. All requests for hearings shall set forth briefly the objections to the Mayor's actions.
(C) Appeal Hearing and Decision.
(1) At least six days in advance of the hearing, the Mayor shall mail notice of the hearing to the applicant; the applicant's agent; and the owners, as shown by the records of the County Assessor, of the application site and of the land within 300 feet of the site, excluding public right-of-way.
(2) The hearing shall be held by the Zoning Hearing Examiner within a reasonable time not to exceed ten working days and shall be conducted according to standard rules and procedures used in all such city hearings.
(3) The decision of the Zoning Hearing Examiner shall be final.
(4) If the Zoning Hearing Examiner acts on a proper appeal and does not affirm the Mayor's action, it shall not prejudice subsequent actions by the Mayor as to possible violations of this article subsequent to the Hearing Examiner's decision.
(D) In the event a person is operating a public dance without a permit and the Mayor has reasonable cause to believe a public dance permit is required, the Mayor shall notify such operator, by personal service or certified mail addressed to the place of business, to cease and desist. Such notice shall contain the effective date of such order, which shall not be less than five working days from the date the notice was personally served or delivered by certified mail.
(E) In the event a hearing is not timely requested, or the action of the Mayor to suspend, revoke, or deny a permit is affirmed, or in the event that a person is operating public dances without a public dance permit five days or more after receipt of notice as specified in division (D) of this section and the operator has not requested a permit, the Mayor shall:
(1) If there is an urgent problem involving public health, safety and general welfare, issue to the Police Department an order to close down the premises and the operation of such public dance; and/or
(2) Take any other lawful enforcement actions.
('74 Code, § 11-3-8) (Ord. 7-1983; Am. Ord. 17-1987)