The following procedures shall govern the denial or revocation of a business license and an applicant’s remedies therefrom.
(A) Grounds for denial or revocation. A business license may be revoked or denied if the operator or applicant:
(1) Is charges with and fails to contest or is conclusively determined to be in violation of, two or more provisions of this chapter in a 12-month period;
(2) Operates a business in a way that creates or constitutes a nuisance; and/or
(3) Fails to supply the information required on the City’s business license form or submits misleading or false information, or submitted misleading or false information on a previous application.
(B) Notification.
(1) If the city determines that grounds for revocation of a business license exist, a notice of revocation will be issued in writing and delivered to the business licensee in a manner reasonably calculated to give notice, including delivery by United States first-class mail, postage prepaid to the address provided on the license application form.
(2) The revocation is effective 14 calendar days after issuance of the notice unless the licensee files a written appeal with the city, after which revocation would be effective if the licensee fails to appear at the appeal hearing.
(3) Business license denial is effective upon issuance and may be appealed within 14 days of issuance.
(C) Appeal. In the event of a business license revocation or denial, the following appeal procedures shall apply:
(1) The licensee or applicant shall initiate the appeal by filing a written notice appeal with the city manager no later than 14 calendar days after issuance of the notice of revocation or denial.
(2) Upon filing of an appeal, the city manager will appoint a hearings officer to hold an administrative hearing on the appeal.
(3) The hearings officer has the authority to administer oaths, take the testimony of witnesses and prescribe procedures for conducting a hearing in general conformity with O.R.S. Chapter 183.
(4) The appealing party or any other person the hearings officer deems to have relevant evidence concerning the existence of grounds for revocation will be allowed to present testimony and documentary evidence at the hearing.
(5) After considering the arguments and evidence, the hearings officer will determine whether the city has established by a preponderance of the evidence that grounds for revocation or denial of the business license exist and issue a written decision containing findings of fact that address the allegations contained in the notice of revocation or denial, such that if:
(a) Grounds for revocation or denial have been established by a preponderance of the evidence, in which case the hearings officer shall affirm the city manager’s decision; or
(b) Grounds for revocation or denial have not been established by a preponderance of the evidence, in which case the proceedings shall end.
(D) Review of hearings officer decision by city council. Review of a hearings officer decision will be decided by the city council according to the following procedures:
(1) Review of hearings officer’s decision shall be initiated by filing a written request for review with the city manager no later than 14 calendar days after issuance of the hearings officer’s decision.
(2) The review is on the record created before the hearings officer and no new evidence shall be allowed.
(3) The council will affirm the decision of the ehearings officer unless it finds any of the following:
(a) The record does not contain substantial evidence to support the hearings officer’s factual findings;
(b) The hearings officer misapplied or misinterpreted the applicable law;
(c) The hearings officer committed a procedural error that prejudiced the applicant’s right to a full and fair hearing; or
(d) The hearings officer’s decision is unconstitutional.
(4) The council will issue a written decision on the appeal.
(5) If the council affirms the decision of the hearings officer, the license revocation or denial is immediately effective.
(6) The decision of the city council is conclusive and final.
(Ord. 2016-07-02, passed 8-9-2016)