A. The Director of Planning and Community Development and the Director of Building and Safety shall develop administrative guidelines for addressing complaints and possible violations in connection with transitional use licenses and extended hours permits, and evaluating whether a business is in compliance with the provisions of this article and all other provisions of this Code. The guidelines shall include examples of remedies that may be pursued by the City in response to violations of this article or other provisions of this Code. The remedies will be available as alternatives to referral of transitional use licenses or extended hours permits to the Planning Commission for consideration of revocation of the license or permit. Such guidelines may be amended by the Directors at the Directors' discretion. Without regard to whether the City has pursued alternative remedies, if the Director of Planning and Community Development or the Director of Building and Safety believes that a business may not be in compliance with the provisions of this article or any other provision of this Code, the Director of Planning and Community Development may refer the transitional use license or extended hours permit to the Planning Commission to consider revocation or conditioning the license or permit to ensure that the permitted activity operates in compliance with the provisions of this article and all other City laws.
B. In the event that a transitional use license or extended hours permit is referred to the Planning Commission, the Planning Commission shall hold a public hearing regarding the possible revocation of the license or permit or the possible imposition of conditions to ensure compliance by the licensee or permittee with the provisions of this article and all other applicable City laws for which the licensee or permittee is found in violation. Notice of such hearing shall be provided as set forth in subsection C of this section. The Planning Commission, after such hearing, may revoke the transitional use license or extended hours permit if the commission determines that:
1. The permittee has violated a condition of the license or permit previously imposed pursuant to this section, or violated any provision of this Code that governs the permitted activity; or
2. Misstatements or omissions of material facts were used in the acquisition of a transitional use license or extended hours permit.
In addition, should the Planning Commission find that the permittee is in violation of any provision of this article or other City law governing the permitted activity, the commission may allow the transitional use license or extended hours permit to remain in force, subject to conditions to correct and prevent a recurrence of said violation and to protect the peace and quiet of the adjacent neighborhood. In doing so, the Planning Commission may require all future license and permit approvals for the subject business to be subject to the same conditions.
C. At least ten (10) days prior to any hearing by the Planning Commission, notice of the time, place, and purpose of the public hearing shall be sent by first class mail in accordance with article 2.5 of this chapter and the City's public notice guidelines.
D. The applicant or any person aggrieved by a decision of the Planning Commission pursuant to this article may appeal the decision to the City Council as provided in title 1, chapter 4, article 1 of this Code. (Ord. 96-O-2270, eff. 11-27-1996; amd. Ord. 14-O-2661, eff. 6-20-2014)