(A) Generally. Any license or registration issued under this section may be suspended or revoked at the discretion of the City Council for violation of any of the following:
(1) Fraud, misrepresentation or incorrect statements on the application form;
(2) Fraud, misrepresentation or false statements made during the course of the licensed activity;
(3) Conviction of any offense for which granting of a license or registration could have been denied under § 114.04;
(4) Violation of any provision of this chapter; or
(5) Violation of any state law, county or city regulation committed during the course of the licensed/registered activity.
(B) Multiple persons under one license. Suspension or revocation of any license or registration issued for the purpose of authorizing multiple persons to conduct business on behalf of the licensee/registrant shall serve as a suspension or revocation of each authorized person's authority to conduct business on behalf of the licensee/registrant whose license/registration is suspended or revoked.
(C) Notice. Prior to revoking or suspending any license or registration issued under this chapter, the city shall provide the license holder/registrant with written notice of the alleged violations and inform the licensee/registrant of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential address listed on the application, or if no residential address is listed, to the business address provided on the application.
(D) Public hearing. Upon receiving the notice provided in division (C) of this section, the licensee/registrant shall have the right to request a hearing. If no request for a hearing is received by the City Clerk within ten regular business days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of mailed notices, service shall be considered complete as of the date the notice is placed in the U.S. mail. If a hearing is requested within the stated time frame, a hearing shall be scheduled before a hearing officer within a reasonable time from the date of the request. Within 30 days of the hearing, the hearing officer shall submit his/her written findings and recommended decision to the City Council and the licensee/registrant. The City Council shall then take action to affirm or overrule the hearing officer's findings and recommended decision.
(E) Emergency. If the licensee/registrant violates any state law or county or city regulation in the course of conducting business under the license/registration, the Chief of Police may immediately suspend the license/registration. Additionally, if in the discretion of the Chief of Police, imminent harm to the health or safety of the public may occur because of the actions of a person licensed/registered under this chapter, the Chief may immediately suspend the person's license. Upon the suspension under this clause, the Police Chief shall provide to the licensee/registrant notice of the right to a subsequent public hearing before the City Council as prescribed in division (C) of this section.
(F) Appeals. Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court.
(G) Definitions. The term
VIOLATION
or
VIOLATES
as used in this section shall mean to have committed an act contrary to any state law or county or city regulation, regardless if any criminal charges are filed. A criminal conviction in connection with or for the violating act is not required for purposes of the term as used herein and determining whether a violation occurred.
(Am. Ord. 870, passed 11-5-09; Am. Ord. 1069, passed 12-12-19) Penalty, see § 10.99