(A) Any of the following may be cause for suspension or revocation of a license issued under this chapter:
(1) Failure of the licensee or permittee to strictly comply with the provisions of this code relating specifically to the person, business, activity, device or machine covered by the permit or license;
(2) Failure of the licensee or permittee to substantially comply with all provisions of this code for the regulation and maintenance of the public order, welfare, peace, health or safety;
(3) Conviction of an offense involving misconduct, fraud, dishonesty, or moral turpitude;
(4) Conviction of a felony; or
(5) Procuring a license or permit or renewal of same by fraud, misrepresentation, false or misleading statements, evasion or suppression of material facts.
(B) Prior to suspension or revocation, the City Manager, or his or her designee, shall notify, in writing, the licensee or permittee of the specific causes for which the license or permit shall be suspended or revoked starting at the end of 14 days following the date of the notice unless a written notice of appeal is filed with the City Manager within such 14-day period. If no notice of appeal is filed within the 14-day period, the suspension or revocation of the license or permit becomes final. If a notice of appeal is filed within the 14-day period, the suspension or revocation shall be stayed pending the de novo determination of the City Council.
(C) Notice of the hearing on the appeal shall, within ten days of receiving the written notice of appeal, set a date for a de novo hearing. Such notice shall provide the licensee with at least ten days’ notice of the date, time and place of the hearing.
(D) At any hearing before the City Council, the burden of proof shall be upon the city and its officials, who shall provide evidence sufficient to satisfy a “preponderance of the evidence” standard.
(E) The decision and order of the City Council on any appeal shall be perfected to the District Court as provided by state law.
(Ord. 2036, passed 9-20-22)