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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)
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)
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)
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)
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)
A. Fine Allowed: To encourage compliance with the provisions of this General Licensing Code and to resolve compliance issues at the administrative level, City Council hereby finds that it is prudent to permit a licensee to choose to pay a fine in lieu of suspension.
B. Eligibility: A licensee who meets the following qualifications may choose to pay a fine in lieu of serving an active suspension:
1. The licensee has not been the subject of an order to show cause or a suspension or revocation hearing within the previous twelve (12) month period; and
2. The licensee makes a written request to the Licensing Officer or hearing officer.
C. Request:
1. The licensee may make written request to the Licensing Officer or hearing officer for payment of a fine in lieu of suspension if, after issuance of an order to show cause and at least ten (10) days before commencement of a suspension or revocation hearing, the licensee admits the alleged violations contained in the order to show cause. The licensee may also include in this written request any mitigating factors the Licensing Officer or hearing officer should consider when calculating the fine. After receiving the written request, the Licensing Officer or hearing officer shall vacate the scheduled hearing date and calculate the fine.
2. The licensee may make written request to the Licensing Officer or hearing officer for payment of a fine in lieu of suspension if, after the conclusion of a suspension or revocation hearing, the Licensing Officer or hearing officer finds and determines that the license should be suspended and the Licensing Officer or hearing officer imposes an active suspension of fifteen (15) days or less. Any suspension held in abeyance as a result of a suspension or revocation hearing shall not be affected by a fine in lieu of active suspension and shall remain suspended in abeyance for a period of one year from the date of the Licensing Officer's or hearing officer's decision. The licensee's written request for payment of a fine in lieu must be filed with the Licensing Officer or hearing officer within ten (10) days of the date of the Licensing Officer's or hearing officer's decision following a suspension or revocation hearing.
D. Calculation:
1. The Licensing Officer or hearing officer may impose a fine in lieu of not less than five hundred dollars ($500.00) and not more than ten thousand dollars ($10,000.00).
2. The Licensing Officer or hearing officer shall consider the following factors when calculating the amount of the fine in lieu:
a. The type of business;
b. The length of time the licensee has held the license;
c. The nature of the violation(s);
d. Mitigating and aggravating circumstances presented by the licensee or the City.
e. Within ten (10) days of the licensee's written request for payment of a fine in lieu, the Licensing Officer or hearing officer may request and the licensee must provide any books or records reasonably necessary for the purpose of calculating the fine. Within thirty (30) days of the Licensing Officer's or hearing officer's receipt of these books or records, the Licensing Officer or hearing officer must determine the fine in lieu and shall serve notice upon the licensee in writing of the amount and the factors considered when calculating the amount. Service may be accomplished by either hand delivery or by first class mail, postage prepaid, or e-mail to the last address furnished to the Licensing Officer or hearing officer by the licensee for the business.
3. The licensee shall pay the fine in lieu in accord with the schedule established by the Licensing Officer or hearing officer.
E. Appeals: By requesting a fine in lieu of suspension, the licensee expressly waives the right to an appeal on the merits of the order to show cause or on the Licensing Officer's or hearing officer's decision after the conclusion of a suspension or revocation hearing. The licensee retains the right to appeal the Licensing Officer's or hearing officer's calculation of the fine in lieu or the schedule of payment. An appeal of a fine in lieu shall follow the procedure set forth in section 2.1.807 of this part. (Ord. 97-160; Ord. 01-42; Ord. 14-72)
The decision or determination of the Licensing Officer or hearing officer shall in all cases be final and conclusive. A decision or determination of the Licensing Officer or hearing officer may only be reviewed by the District Court pursuant to CRCP 106(a)(4). There shall be no stay of execution of the Licensing Officer's or hearing officer's decision pending decision by the District Court, except by court order. In the event the District Court remands the matter back to the Licensing Officer or hearing officer for additional proceedings, there shall be no reinstatement of licensed privileges pending additional proceedings, except by court order. (Ord. 97-160; Ord. 01-42; Ord. 14-72)
A. In addition to any other consistent provision in this General Licensing Code, a business will be deemed to be unlicensed if it possesses any of the following characteristics:
1. The business directly or indirectly conducts any activity or enterprise, or uses any vehicle, premises, machine or device, in whole or in part, for which a license is required without first obtaining the required license;
2. The business operates while any required insurance coverage has lapsed or been canceled;
3. The business operates while any required bond is expired;
4. The business operates without any required certification or approval;
5. The business operates after failing to renew a business license within thirty (30) days after the end of the license period; or
6. The business fails to appoint or maintain a managing agent or an agent for service of process; or fails to immediately notify the Deputy Licensing Officer of any change in the managing agent or agent for service of process.
B. If a business is deemed unlicensed, the Deputy Licensing Officer may issue a cease and desist order.
1. Contents: The cease and desist order shall be in writing and shall state that the business is unlicensed, describe the facts from which this conclusion was reached, cite the ordinance allegedly violated and order the business immediately to cease its unlicensed operation.
2. Notice: The Deputy Licensing Officer shall serve the cease and desist order upon the business by posting the order on the premises, by personally serving the order upon any principal, managing agent or the agent for process of the licensee, by mailing the order via 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.
3. Action Required: Upon receipt of the notice and order, the unlicensed business must cease all operations immediately and cannot resume operations until properly licensing the business in accord with the provisions of this General Licensing Code.
4. Remedy: The Deputy Licensing Officer may seek any remedy available in law or equity if the unlicensed business fails to comply with a cease and desist order within seventy two (72) hours of the issuance of a cease and desist order. If an unlicensed business receives two (2) or more cease and desist orders within a six (6) month period, the Deputy Licensing Officer, in addition to any other remedies:
a. May prohibit the unlicensed business or its owner from applying for or being granted the required license for a two (2) year period; or
b. Shall initiate suspension or revocation proceedings against a licensee possessing an otherwise valid business license. (Ord. 97-160; Ord. 01-42; Ord. 14-72)
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