(a) Upon notice and a hearing, the city manager may suspend or revoke a permit or license issued by the city to the operator of a public place or place of employment where a violation of this chapter occurs.
(b) Prior to the revocation or suspension of a permit or license, the city manager or his or her designee shall set a hearing to determine if grounds exist to revoke or suspend a permit or license due to a violation of this chapter.
(c) The city manager or his or her designee shall act as the hearings officer.
(d) Written notice of the hearing shall be served on the petitioner/violator at least 15 business days prior to the hearing. Notice shall be served in person or by certified mail, return receipt requested.
(e) Notice shall specify the date, time and place of the hearing. The petitioner/violator must request the hearing be rescheduled within five business days of receiving the written notice if the petitioner/violator cannot attend the hearing at the originally scheduled time.
(f) For purposes of this section, the hearing officer shall be empowered to administer oaths and to promulgate procedural rules for the conduct of the hearing.
(g) The hearing officer shall base the decision to revoke or suspend the permit or license on a preponderance of the evidence. The petitioner shall bear the burden of proof to show that the permit or license should not be revoked or suspended.
(h) After the conclusion of the hearing, the hearing officer shall make written findings of fact and conclusions of law and shall issue a written decision without undue delay.
(i) A hearing shall exhaust all administrative remedies of the petitioner/violator.
(Ord. 17719, § 1, passed 8-21-2007)