If a place of recreation licensed under the provisions of this subchapter is not being conducted in accordance with the laws of this state or of this subchapter, the Chief of Police or City Manager shall give notice in writing to the operator, licensee, manager or other person in control of the premises that the license issued for the operation and maintenance of such place of recreation will be revoked, cancelled or suspended. The notice of revocation, cancellation or suspension shall become final after the expiration of 10 days from the date of the service of same upon the operator, licensee, manager or other person in charge, unless, within such time, the licensee, operator or manager shall file with the City Secretary a written appeal addressed to the City Council. Such appeal shall operate as a stay or postponement of the revocation, cancellation or suspension of the license issued until such time as the Council shall grant a hearing and make a final decision. Such hearing shall be held within 30 days after the date of filing of such appeal. The Council shall make such investigation and receive information from such sources as it may deem fit. The action and judgment of the Council after the hearing shall be final and conclusive as to all parties. Any applicant aggrieved by the action of the City Council shall have the right to appeal to the district courts of Ellis County, Texas, on the grounds that the City council has acted or arbitrarily or capriciously with regard to the revocation, cancellation or suspension of the license. Such appeal to the district courts must be filed within 30 days after City Council has acted or the action of the City Council shall become final and conclusive.
(Ord. 614, passed 1-3-2006)