(A) Any license issued by the city may be suspended or revoked by the City Manager for cause as herein defined. Any permit issued by the city may be suspended or revoked by the issuing official for cause as herein defined. In either case, a hearing shall be scheduled to be held by the City Manager or the City Manager’s designee or the issuing official, provided that a written request for a hearing is filed with the City Clerk within five days after receipt of such suspension or revocation. Depending upon the necessity for prompt action, the hearing shall be held in accordance with one of the following provisions.
(1) If there is no immediate threat to the public health, safety or welfare, the hearing shall be held to determine whether the license or permit should be suspended or revoked. The holder of the license or permit shall be notified of the time, date and place of the hearing and shall be notified of the reason or reasons for the proposed suspension or revocation. The license or permit holder shall be entitled to be represented by counsel, to submit evidence, to cross-examine testifying witnesses, and to make arguments concerning the factual and legal issues. The hearing officer or body shall render a written decision stating the reasons for the decision within five days.
(2) If there is an immediate threat to the public health, safety or welfare, the license or permit may be suspended prior to the hearing. If a license or permit is suspended prior to the hearing, the hearing shall be commenced as soon as is practical, but in no case more than ten days after the suspension. The hearing shall be held to determine whether to terminate or extend the suspension or whether the suspension should be converted into a revocation of the license or permit. The holder of the license or permit shall be notified of the time, date and place of the hearing and shall be notified of the reason or reasons for the already imposed suspension and for any contemplated future action. The license or permit holder shall be entitled to be represented by counsel, to submit evidence, to cross-examine testifying witnesses, and to make arguments on factual and legal issues. The hearing officer or body shall render a written decision stating the reasons for the decision within five days.
(B) In any hearing held pursuant to the provisions of this chapter, the rules of evidence shall be followed as far as practicable. The hearing officer or body may admit evidence of a type commonly relied upon by reasonably prudent people in the conduct of their affairs. Irrelevant, immaterial or unduly repetitious evidence may be excluded. Notice may be taken of facts within the general knowledge of the community.
(C) Any person dissatisfied with the decision of the City Manager or other appropriate hearing officer or body may appeal to the City Commission, provided that a written request for such an appeal shall be filed within seven days of the date of the decision to be appealed.
(D) The City Commission shall schedule a hearing on the appeal within 15 days of the receipt of the request for appeal by the City Clerk. The hearing shall be scheduled and held before the entire City Commission or a committee thereof, as the City Commission shall determine. The factual record made in the hearing below shall constitute the basic record for the appeal. Argument as to relevant factual and legal issues shall be permitted. The decision of the City Commission shall be by majority vote. The Commission may affirm, reverse or modify any action taken relative to a license. The decision of the City Commission shall be final.
(Prior Code, § 7.14) (Ord. effective 1-16-1989)