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A licensee whose license was revoked may not reapply for a license until one year has elapsed from the date of notice of the revocation, the informal review, the written decision in an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)

3-1A-23: REQUEST FOR ADMINISTRATIVE REVIEW BY DIRECTOR:

   A.   Request For Review: If the applicant or licensee fails to obtain the relief requested in the informal review, or if the licensee's license is suspended or revoked pursuant to section 3-1A-19 of this article, the applicant or licensee may request an administrative review hearing by the Director.

   B.   Time Limit For Filing: A request for an administrative review must occur within seven (7) business days of the mailing or hand delivery of the final decision of the informal review to the applicant or licensee.

   C.   Information Required: A request for an administrative review shall contain the following information:

      1.   The name of applicant or licensee;

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

      3.   The reasons for which the review is requested set forth with specificity;

      4.   The applicant's or licensee's intent to be represented by legal counsel;

      5.   The remedy requested; and

      6.   The applicant's or licensee's availability for a hearing within the next seven (7) to fifteen (15) business days. (Ord. 39-15, 8-25-2015)

3-1A-24: ADMINISTRATIVE REVIEW HEARING:

   A.   Duty Of Director: If the Director receives a request for an administrative review hearing, the Director shall:

      1.   Schedule a date for the hearing not more than fifteen (15) business days and not less than seven (7) business days after the Director receives the request;

      2.   Notify the licensee or applicant of the date, time and location of the hearing; and

      3.   State in the notice that the applicant or licensee must appear at and participate in the hearing in order to contest the violation, denial, nonrenewal, or the proposed suspension or revocation.

   B.   Untimely Filing: The Director will refuse to consider any request for review that is not received within seven (7) business days of the date of the mailing or hand delivery of final resolution of the informal review.

   C.   Failure To Appear: If the licensee fails to appear at the hearing, the decision or action shall become effective at twelve o'clock (12:00) midnight the day following the hearing.

   D.   Burden Of Proof: The applicant or licensee has the burden of proof and must establish that the decision or action of the City Clerk's Office was arbitrary or capricious.

   E.   Informal Hearing: The hearings shall be conducted informally. The Director or his designee 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. The Director shall cause an audio or video recording to be made of the hearing.

   F.   Decision Of Default For Failure To Appear: If an applicant or licensee fails to appear at the administrative review hearing, the Director shall enter a proposed decision of default upholding the denial, suspension or revocation. The proposed decision of default may be rescinded if, within seven (7) business days of the date of mailing, the applicant or licensee submits a written explanation for not appearing, which the Director finds substantial and reasonable.

   G.   Issuance Of Decision: The Director's written decision will be issued within seven (7) business days of the hearing. The Director's decision will include the reasons for his decision.

   H.   Effective Date: The Director's decision shall become effective ten (10) business days after the date the decision is mailed or hand delivered to the applicant or licensee. (Ord. 39-15, 8-25-2015)

3-1A-25: REVIEW OF DIRECTOR'S DECISION:

   A.   Filing Time Limit: A licensee or applicant may request a review of the Director's decision by a Hearing Officer within ten (10) business days of the effective date of the Director's decision. (Ord. 39-15, 8-25-2015)

   B.   Information Required: A request for review of the Director's decision must be filed in writing and must include that information set forth in section 3-1A-23 of this article. In addition, the request for review must be accompanied by a copy of the decision or action that is the subject of the review, and identify all legal and factual basis of disagreement with the Director's decision. Requests for review must also include the applicant's or licensee's intent to be represented by legal counsel and include payment of a fee as established by the City Council. (Ord. 39-15, 8-25-2015; amd. 2019 Code)

   C.   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.

   D.   Decision Of Default For Failure To Appear: If an applicant or licensee fails to appear at the review hearing, the Hearing Officer shall enter a proposed decision of default. The proposed decision of default may be rescinded if, within seven (7) business days of the date of mailing, the applicant or licensee submits a written explanation for not appearing, which the Hearing Officer finds substantial and reasonable. (Ord. 39-15, 8-25-2015)