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 The proposed decision of default may be rescinded if, within seven (7) business days of the date of mailing, the applicant or licensee submits a written explanation for not appearing, which the Director finds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)

3-1A-26: AUTHORITY OF HEARING OFFICER:

   A.   Consideration By Hearing Officer: The Hearing Officer will consider only information that was available to the Director at the time the decision was made. If a party shows with good cause that there is additional relevant information that was not presented to the Director, the Hearing Officer will remand the request for administrative review to the Director for reconsideration. No Hearing Officer has the jurisdiction to invalidate any Federal or State Statute, ordinance, rule or regulation, or court order. The Hearing Officer must defer to the Director's interpretation of statutes, ordinances, rules, regulations or policy unless the Hearing Officer finds the Director's interpretation to be contrary to the plain meaning of the statute or ordinance or an abuse of discretion.

   B.   Power To Regulate Proceedings: The Hearing Officer shall have and exercise the power to regulate the proceedings and to do all acts and to take all measures necessary or proper for the efficient performance of the Hearing Officer's duties under this article. The Hearing Officer shall have all powers of the City for the hearing of these matters, may issue subpoenas in the name of the City, may rule upon the admissibility of evidence, may put witnesses under oath and may examine them and may call the parties to the action and examine them upon oath. (Ord. 39-15, 8-25-2015)

3-1A-27: WRITTEN REPORT:

   A.   Required: The Hearing Officer shall make findings of fact and conclusions of law as appropriate and issue a written report. The order must either affirm the Director's action or reverse and remand the Director's action for further proceedings. The Hearing Officer does not have authority to modify the Director's action. The Hearing Officer shall file the report with the Director, along with the recording of the proceedings, transcripts, if any, minutes, evidence and original exhibits offered or received at the hearing. The Hearing Officer shall transmit a copy of the report to all persons entitled to notice. The Hearing Officer shall cause an audio or video recording to be made of the hearing.

   B.   Time Limit: The Hearing Officer's report will be issued within fifteen (15) business days of the hearing, and shall become effective three (3) business days after the date the decision is mailed or hand delivered to the applicant or licensee. Failure of the Hearing Officer to issue a report within fifteen (15) business days shall not invalidate any suspension or revocation. (Ord. 39-15, 8-25-2015)

3-1A-28: UNLAWFUL ACTS:

It shall be unlawful for any applicant or licensee, or any of his respective employees, agents or affiliates to:

   A.   Fraud, False Statements: Engage in fraud, misrepresentation or to make a false statement in an application for a license or an application for renewal of a license;

   B.   Failure To Obtain License Or Permit: Fail to obtain all required licenses and permits. Each day a person fails to obtain all required licenses shall constitute a separate violation;

   C.   Failure To Report: Fail to report a licensee's failure to maintain all of the qualifications and none of the disqualifications as required by this article or the pertinent licensing chapter or article;

   D.   Refusal Of Compliance Inspections: Refuse to allow the Chief of Police, City Clerk's Office or their designees to conduct compliance inspections; or

   E.   Violations: To violate any of the provisions of this article. (Ord. 39-15, 8-25-2015)

3-1A-29: RESPONSIBILITIES OF LICENSEES:

Every licensee is responsible for ensuring that his respective employees, agents and affiliates are familiar with the applicable policies, standards, laws and ordinances applicable to the license issued to him by the City. (Ord. 39-15, 8-25-2015)

3-1A-30: PENALTY:

The violation of any of the provisions of section 3-1A-28 of this article is punishable as a general misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this Code. In addition to a criminal penalty, the violation of any of the provisions of this article may result in either the suspension or revocation of a license. (Ord. 39-15, 8-25-2015; amd. 2019 Code)