(A) Any permit issued by the city other than liquor licenses may be suspended as recommended by the Health, Housing, Building and Zoning Department or designee if:
(1) The applicant fails to provide all the necessary information required;
(2) The applicant provides false information;
(3) The applicant or the business is not in compliance with any provision of this subchapter, any local ordinance, state or federal laws, rules or regulations;
(4) The applicant has received two or more citations/penalties in regard to substantiated complaints on the property;
(5) The applicant has a background or history of violating local ordinance, state or federal law, rule or regulation;
(6) The public health, welfare or safety would be adversely affected by granting the application;
(7) The permit was issued in error; and/or
(8) The applicant has outstanding fines, fees or monies due the city and has failed to pay them.
(1960 Code, § 7-25-20)
(B) Any permit issued by the city other than liquor licenses may be revoked as recommended by the Health, Housing, Building and Zoning Department or designee if:
(1) The applicant fails to provide all the necessary information required;
(2) The applicant provides false information;
(3) The applicant or the business is not in compliance with any provision of this subchapter, any local ordinance, state or federal laws, rules or regulations;
(4) The applicant has received two or more citations/penalties in regard to substantiated complaints on the property;
(5) The applicant has a background or history of violating local ordinance, state or federal law, rule or regulation;
(6) The public health, welfare or safety would be adversely affected by granting the application;
(7) The permit was issued in error; and/or
(8) The applicant has outstanding fines, fees or monies due the city and has failed to pay them.
(1960 Code, § 7-25-21)
(C) (1) Appeal. Any applicant or permit holder may appeal a denial, suspension or recommendation of revocation of a permit to the Mayor or designee. The appeal shall be in writing and submitted to the Mayor or designee within 15 days of denial, suspension or recommendations of revocation.
(2) Hearing appeal procedure. The Mayor or designee shall conduct the hearing regarding all appeals of a denial, suspension or revocation recommendation of any license. The Mayor or designee shall:
(a) Provide written notification to the applicant or permit holder of the basis of the appeal;
(b) Afford the applicant or permit holder the opportunity to present any evidence relevant to the appeal; and be represented by attorney; and/or
(c) Afford the city the opportunity to present any evidence relevant to the appeal.
(3) Authority. The Mayor or designee may:
(a) Examine any books, papers, records or memorandum bearing upon the business or activities of the permittee;
(b) Take testimony; and
(c) Make rulings as to the admissibility of evidence. The Mayor or designee is not bound by the technical rules of evidence. No informality in the proceeding or in the manner of taking testimony or receiving evidence shall invalidate any decision ruling or recommendation.
(4) Burden. At any hearing held pursuant to this division (C), the Mayor or designee’s decision to deny, suspend or recommend revocation of a permit shall be presumed prima facie correct and the party contesting the decision shall have the burden of overturning that finding.
(1960 Code, § 7-25-22)
(Ord. 7127, passed 4-22-2008; Ord. 7858, passed 5-18-2015)