2.1.702: APPROVAL OR INSPECTION OF RENEWAL LICENSES:

Any approval or inspection required for renewal of a license, or deemed necessary in the Deputy Licensing Officer's discretion, shall be conducted by the appropriate City officer or agency. A renewal application which is disapproved by a City officer or agency shall be accompanied by a written statement of the grounds for disapproval. The Deputy Licensing Officer shall grant or deny the renewal application in accord with the provisions pertaining to the particular license and this article. (Ord. 97-160; Ord. 01-42; Ord. 14-72)

2.1.703: AUTHORITY OF INSPECTORS:

All persons authorized to inspect licensed premises and businesses shall have the authority to enter and inspect, with or without a search warrant, at all reasonable times, and in a reasonable manner, the following:

   A.   Premises for which a license is required.

   B.   Premises for which a license was issued and which, at the time of inspection, is operating under the license.

   C.   Premises for which a license has been revoked or suspended.

   D.   Books and records required to be kept by this General Licensing Code. (Ord. 97-160; Ord. 01-42)

PART 8 SUSPENSION AND REVOCATION PROCEDURES

SECTION:

2.1.801: Authority

2.1.802: Grounds For Suspension Or Revocation

2.1.803: Order To Show Cause

2.1.804: Hearing Procedure

2.1.805: Decision

2.1.806: Fine In Lieu Of Suspension

2.1.807: Appeals

2.1.808: Cease And Desist Order

2.1.809: Summary Suspension

2.1.810: Warning Letter; Waiver And Estoppel Agreement

2.1.801: AUTHORITY:

The City Council hereby finds that the suspension or revocation of a license may be necessary in the public interest when a licensee fails to operate the business or exercise the privileges associated with the license in accord with the provisions of this General Licensing Code. The Deputy Licensing Officer is authorized to initiate suspension or revocation proceedings against a licensee when these circumstances arise. The Licensing Officer is authorized to conduct suspension or revocation hearings in accord with the provisions of this part or may designate another person to conduct such hearings. (Ord. 97-160; Ord. 01-42; Ord. 14-72)

2.1.802: GROUNDS FOR SUSPENSION OR REVOCATION:

The grounds for initiating suspension or revocation proceedings are as follows:

   A.   The licensee failed to file any certificates of insurance, bonds, documents, reports or other information required pursuant to this General Licensing Code or as may be reasonably required by the City Clerk's Office or other City officer or agency;

   B.   The licensee or any agent or employee of the licensee violated any provision of this General Licensing Code pertaining to the license or of any regulation or order relating to the license lawfully made under the authority of this General Licensing Code;

   C.   The licensee or any agent or employee of the licensee violated any law of the United States, of the State of Colorado or of the City of Colorado Springs when the violation occurred on the licensed premises, or relates to the conduct or activity of any business required to be licensed by this General Licensing Code. (Ord. 97-160; Ord. 01-42)

2.1.803: ORDER TO SHOW CAUSE:

The Deputy Licensing Officer shall initiate suspension or revocation proceedings by issuing the licensee an order to show cause why the license should not be suspended or revoked.

   A.   The order to show cause shall give the licensee notice of the alleged grounds for suspension or revocation and of the date, time and place of the hearing on the alleged violations.

   B.   The order to show cause shall be served upon the licensee not less than ten (10) days prior to the scheduled hearing date, including Saturdays, Sundays and City holidays. Service may be accomplished by hand delivery to the licensee or to any principal, managing agent or the agent for process of the licensee, or by first class mail, postage prepaid, or e-mail to the last mailing or e-mail address furnished to the City Clerk's Office by the licensee for the business, or by a combination of these methods.

   C.   If the licensee has a permanent business location, the Deputy Licensing Officer may also affix a copy of the order to show cause to the principal entrance of the licensed premises which is deemed to be the principal place of business or the main office, or may affix a copy to a prominent structure on the licensed premises. (Ord. 97-160; Ord. 01-42; Ord. 14-72)

2.1.804: HEARING PROCEDURE:

   A.   Public Hearing: A public hearing shall be held upon the allegations contained in the order to show cause. The Licensing Officer shall act as hearing officer, or may designate another person to conduct the hearing.

   B.   Representation: The City shall be represented by a prosecuting attorney from the Office of the City Attorney. The licensee may be represented by counsel or may proceed pro se. The licensee will be given an opportunity to be heard, present evidence, cross examine witnesses and offer evidence in mitigation of any alleged violations.

   C.   City Attorney: At the Licensing Officer's or hearing officer's discretion, a corporate attorney from the Office of the City Attorney may advise the Licensing Officer or hearing officer regarding any procedural questions during a suspension or revocation hearing. Under no circumstances will the same corporate attorney act as a prosecuting attorney during any suspension or revocation hearing.

   D.   Administrative Hearing: As a suspension or revocation hearing is an administrative hearing, the Licensing Officer or hearing officer shall not be bound by the Colorado Rules of Civil Procedure or the Colorado Rules of Evidence. The Licensing Officer or hearing officer may consider hearsay evidence, or any other evidence reasonably calculated to assist the Licensing Officer or hearing officer in rendering a decision, and give it whatever weight the Licensing Officer or hearing officer deems appropriate. Depending upon the nature or complexity of the suspension or revocation hearing, the Licensing Officer or hearing officer may request that the City and licensee submit, prior to the hearing, any documentary or demonstrative evidence which they plan to present during the hearing.

   E.   Powers Of Licensing Officer/Hearing Officer: The Licensing Officer or hearing officer shall have the power to administer oaths, issue subpoenas, grant continuances, limit evidence or testimony which is repetitive and determine the order in which evidence will be presented.

   F.   Evidence: All evidence presented to the Licensing Officer or hearing officer during a suspension or revocation hearing shall be recorded electronically or otherwise. The Licensing Officer or hearing officer shall mark any documentary or demonstrative evidence received and shall maintain this tangible evidence in a separate file at the conclusion of the hearing. Documentary or demonstrative evidence received by the Licensing Officer or hearing officer during any suspension or revocation hearing shall not be released by the Licensing Officer or hearing officer except for purposes of appeal. If no appeal is filed, the Licensing Officer or hearing officer may dispose of documentary or demonstrative evidence not less than ninety (90) days after the date of the hearing.

   G.   Continuances: If requested prior to the scheduled suspension or revocation hearing date, the City and the licensee shall each be granted one continuance of the hearing not to exceed sixty (60) days. The Licensing Officer or hearing officer shall use discretion in granting additional continuances. (Ord. 97-160; Ord. 01-42; Ord. 14-72)

2.1.805: DECISION:

   A.   Findings: At the conclusion of the evidence, the Licensing Officer or hearing officer shall make written findings of fact, conclusions of law and orders regarding the suspension or revocation of the license. The Licensing Officer or hearing officer may, at the conclusion of the hearing, take the matter under advisement and issue the written findings of fact, conclusions of law and orders within thirty (30) days.

   B.   Determine Actions: The findings of fact and conclusions of law shall summarize the witnesses and evidence presented at the hearing and state whether there was competent evidence in the record to determine that the allegations contained in the show cause were established. If finding the allegations to be established, the Licensing Officer or hearing officer shall determine whether suspension or revocation of the license is appropriate. When ordering suspension or revocation, the Licensing Officer or hearing officer shall consider any mitigating or aggravating evidence presented at the hearing.

   C.   Suspension:

      1.   The Licensing Officer or hearing officer may suspend a license issued pursuant to this General Licensing Code for no more than six (6) months.

      2.   The Licensing Officer or hearing officer may impose an active suspension or a suspension held in abeyance, or a combination of both, so long as the total number of days the license is suspended does not exceed six (6) months.

      3.   A suspension will be held in abeyance so long as the licensee meets all conditions imposed by the Licensing Officer or hearing officer. Any subsequent violation will revoke the suspension held in abeyance. The licensee would then serve an active suspension equal in time to the suspension held in abeyance, as well as any other penalty imposed as a result of the subsequent violation and the subsequent suspension or revocation hearing.

      4.   If the Licensing Officer or hearing officer imposes an active suspension of fifteen (15) days or less, the licensee may request a fine in lieu of suspension pursuant to section 2.1.806 of this part.

      5.   A suspended license may be renewed at the end of the license period pursuant to section 2.1.605 of this article. Renewal of a suspended license will be subject to any remaining active suspension or suspension held in abeyance.

      6.   Suspension shall become effective immediately upon issuance of the Licensing Officer's or hearing officer's decision, unless the decision states otherwise.

   D.   Revocation:

      1.   The Licensing Officer or hearing officer may revoke a license if the findings of fact and conclusions of law indicate any of the following:

         a.   The licensee has no regard for the privileges and responsibilities granted by the license;

         b.   The licensee cannot operate the licensed business in a lawful manner;

         c.   The licensee's conduct rises to the level of a threat to the health, safety or welfare of the public;

         d.   A period of suspension is insufficient to correct the licensee's behavior.

      2.   Revocation shall become effective immediately upon issuance of the Licensing Officer's or hearing officer's decision.

      3.   A revoked license may not be renewed. A licensee who has had a license revoked may not reapply for any new business license for a period of two (2) years from the date of the Licensing Officer's or hearing officer's decision.

      4.   The Licensing Officer or hearing officer shall serve a copy of the findings of fact, conclusions of law, and any order of suspension or revocation upon the licensee. Service shall be accomplished in the same manner as service of the order to show cause. If the licensee has a permanent business location, the Licensing Officer or hearing officer may also affix a copy of the findings of fact, conclusions of law and order to the principal entrance of the licensed premises, which is deemed to be the principal place of business or the main office, or may affix a copy to a prominent structure on the licensed premises.

   E.   Effective Date: Upon the effective date of suspension or revocation of any license required for a business or activity, the licensee shall cease and desist from further operation of the business or activity. (Ord. 97-160; Ord. 01-42; Ord. 14-72)