3-1A-16: NOTICE OF DENIAL, REVOCATION OR SUSPENSION:

   A.   Registered, Certified Letter: If an application for a license is denied, suspended or revoked, a letter will be sent by registered or certified mail to the applicant's or licensee's address on file in the City Clerk's Office.

   B.   Included Information: Every notice of denial, suspension or revocation shall include a statement or description explaining:

      1.   The proposed decision or action, and if for suspension or revocation, the effective date of the proposed decision or action, which date shall not be less than ten (10) business days after the date of the notice unless the license is being suspended or revoked pursuant to section 3-1A-19 of this article; and for suspension, the time period for the suspension, which shall be no longer than six (6) months;

      2.   The reasons why the license is being denied, suspended or revoked;

      3.   That the applicant or licensee has the opportunity to request an informal review, an administrative review hearing by the Director and a review hearing by a Hearing Officer to contest the proposed decision or action;

      4.   If the applicant or licensee fails to request an informal review within ten (10) business days of the date of the notice, the licensee or applicant waives his opportunity to contest the proposed decision or action, and the action shall become final on the notice's effective date. (Ord. 39-15, 8-25-2015)

3-1A-17: DENIAL, REVOCATION OR SUSPENSION OF LICENSE:

In addition to any other penalty provided by this article, the pertinent license chapter or article, or by law, any license issued in accordance with this article may be denied, revoked or suspended for any of the following reasons:

   A.   Disqualifying Status; Driving Violations: Any one of the individuals identified in sections 3-1A-10-1 through 3-1A-10-4 of this article is convicted of a disqualifying crime; or any individual identified in section 3-1A-10-4 of this article fails to maintain a satisfactory driving record, fails to submit the required medical certificate, or fails to maintain and show proof of the requisite insurance coverages;

   B.   Failure To Comply: The licensee or applicant, or any of his partners, affiliates or employees fails to comply with any of the minimum standards, requirements, policies, or procedures set forth in this article or the pertinent license chapter or article;

   C.   Fraud Or Misrepresentation: The licensee obtained his license by fraud or misrepresentation;

   D.   Failure To Take Corrective Action: The licensee fails to take corrective action within the time frame specified in a notice of violation;

   E.   Contrary Use: The license is being or has been exercised contrary to the terms or conditions of the license;

   F.   Failure To Pay Fee: The licensee or applicant fails to pay any applicable fee imposed pursuant to this article or the pertinent license chapter or article;

   G.   Operation Detrimental: The licensee is operating the regulated business in such a manner as to be detrimental to the public health, safety and welfare. (Ord. 39-15, 8-25-2015)

3-1A-18: STAY OF SUSPENSION OR REVOCATION:

   A.   Effective Date: Absent an emergency as set forth in section 3-1A-19 of this article, the effective date of a proposed suspension or revocation shall be not less than ten (10) business days after the date of the notice, unless otherwise mutually agreed to between the City Clerk's Office and the licensee.

   B.   Denial: The decision of the City Clerk's Office to deny or not renew a license shall result in no stay and the decision shall become effective immediately. (Ord. 39-15, 8-25-2015)

3-1A-19: EMERGENCY SUSPENSION OR REVOCATION:

   A.   Authority: Notwithstanding any other provision of this article, when, in the opinion of the City Clerk's Office, there is a clear and immediate threat to the health, safety or welfare of the public, there shall be no stay of the suspension or revocation. The City Clerk's Office shall prepare a written notice of suspension or revocation that includes a statement of the decision or action, an explanation of the reasons for the decision or action, the Code sections relied upon for the decision or action and an explanation of the licensee's rights to request an administrative review hearing from the Director and a review hearing by a Hearing Officer.

   B.   Administrative Review Hearing Request: The licensee shall have the right to request an administrative review hearing within ten (10) days of the emergency suspension or revocation. (Ord. 39-15, 8-25-2015)

3-1A-20: WAITING PERIOD BEFORE BECOMING ELIGIBLE TO REAPPLY AFTER REVOCATION:

A licensee whose license was revoked may not reapply for a license until one year has elapsed from the date of notice of the revocation, the informal review, the written decision in an administrative review or the written decision following a hearing before a Hearing Officer, whichever is latest; such waiting period shall also apply to any applicant that is a partnership, association or corporation that includes a previously revoked licensee holding a ten percent (10%) or more interest in the partnership, association or corporation. A licensee's failure to accept, acknowledge or receive notice shall not invalidate the waiting period. (Ord. 39-15, 8-25-2015)

3-1A-21: REQUEST FOR INFORMAL REVIEW BY CITY CLERK'S OFFICE:

   A.   Time For Filing: Upon receipt of a notice of denial, suspension, revocation or violation, an applicant or licensee may request an informal review by the City Clerk's Office within ten (10) business days after the date the decision is mailed or otherwise delivered to the applicant or licensee.

   B.   Information Required: A request for an informal review shall contain the following information:

      1.   The name of applicant or licensee;

      2.   If an existing licensee, the City applicant or license number; and

      3.   The reasons for which the review is requested set forth with specificity. (Ord. 39-15, 8-25-2015)

3-1A-22: INFORMAL REVIEW:

   A.   Duty Of City Clerk's Office: If the City Clerk's Office receives a request for an informal review, the City Clerk's Office shall:

      1.   Review the decision or action and any information submitted by a licensee or an applicant; and

      2.   Communicate with the licensee or applicant if additional documentation or clarification is required.

   B.   Untimely Filing: The City Clerk's Office will refuse to consider any request for informal review that is not received within ten (10) business days of the date of the notice of denial, suspension, violation or revocation.

   C.   Licensee Failure To Respond: If the licensee fails to respond to communication requests, the decision or action shall become effective at twelve o'clock (12:00) midnight on the effective date of the notice.

   D.   Burden Of Proof: The applicant or licensee has the burden of proof and must establish that the decision or action of the Licensing Officer was arbitrary or capricious.

   E.   Review Informal: The review shall be conducted informally. The City Clerk's Office shall review the decision or action and the reasons therefor with the applicant or licensee. The applicant or licensee, in person or through his attorney, may present any evidence showing reason why the decision or action was arbitrary or capricious.

   F.   Decision Time Limit: The City Clerk's Office decision with respect to a request for informal review will be issued within seven (7) business days of the receipt of the informal review request or upon receipt of additional documentation or clarification as requested.

   G.   Licensing Officer Not To Review: The informal review shall not be conducted by the Licensing Officer who issued the notice of violation, denial, suspension or revocation. (Ord. 39-15, 8-25-2015)