(A) License revocation or suspension.
(1) Any license issued pursuant to this chapter may be revoked or suspended by the City Code Enforcement Board, after complying with the hearing requirements below, for the following causes:
(a) If the licensee makes any false material statements in an application for a secondhand/pawn retailer license;
(b) Conviction of the licensee, or his, her or its agents, of any felony;
(c) Conviction of the licensee, or his, her or its agent who controls or operates licensee’s premises, of any offense pertaining to prostitution, illegal gambling, knowingly selling, possession or receiving stolen property, sale or use of illegal drugs, or the illegal sale or use or controlled substances or prescription drugs;
(d) If the licensee allows the premises to be used as the site for any criminal activity nuisance, as defined by § 92.05 of this code of ordinances; or
(e) If the licensee is delinquent or in default of an obligation to pay a tax, license fee, loan, fine, lien or other financial obligation to the city, then license is subject to suspension until the obligation is satisfied.
(2) The Code Enforcement Board may suspend any secondhand/pawn retailer license for a period not to exceed one year or revoke the secondhand/pawn retailer license.
(B) Hearings. Revocation or suspension proceedings shall be governed as follows.
(1) Notice of hearings. The City Code Enforcement Department or Police Department shall provide written notice, via regular United States mail or hand delivery to the licensee, notice of any hearing related to the possible suspension or revocation of the establishment’s secondhand/pawn retailer license. The address provided by the licensee to the city on its license application shall be deemed the address for notice of hearings. The licensee shall notify the city of any change of address subsequent to the submission of an application for license. Notice to the licensee must be postmarked at least seven days prior to the hearing.
(2) Procedure.
(a) Any hearing before the City Code Enforcement Board shall be a public hearing and conducted in accordance with the procedural guidelines indicated in KRS 13B.080 and 13B.090.
(b) The City Solicitor, or his or her designee, shall represent the city at the hearing. The licensee has a right to retain counsel for representation at the hearing.
(c) The Code Enforcement Board shall issue a written decision, including findings of fact and conclusions of law, with within seven days of the conclusion of the hearing.
(3) Appeals. Any order of suspension or revocation issued by the Code Enforcement Board may be appealed to the county’s District Court.
(1984 Code, § 111.161) (Ord. O-5-10, passed 2-16-2010)