(A) Suspension, revocation by Mayor or Police Chief. All licenses issued by the city shall be taken and held subject to all ordinances and police regulations and shall be subject to suspension and/or revocation by the Mayor or Chief of Police for just cause as stated in division (B) below, and except where otherwise expressly provided, upon the conviction of any such person of a breach of a city ordinance regulating said business.
(B) Suspension, revocation of license or permit.
(1) (a) When the conduct or operation of any business, occupation, activity or establishment licensed hereunder, shall constitute a nuisance in fact or a clear and present danger to the public health, safety or general welfare, or where the holder of any license shall have refused to allow an inspection of his premises or has refused to furnish a sample of his goods for testing, the Mayor or Chief of Police, or designee(s) thereof, shall be authorized to summarily order the suspension of the license, and succession of business and the closing of the premises or the business activity until the danger no longer exists.
(b) The order of suspension issued by the Mayor, Chief of Police or designee(s) thereof, shall be in writing, served upon the licensee and shall state the reason(s) for such suspension. During the period of suspension, licensee may request a hearing by serving a written request for review upon the Mayor, City Clerk or designee(s) thereof, in which instance, a hearing will be granted pursuant to divisions (B)(5) and (6) of this section. The appeal hearing on said suspension shall be held within three business days of the written request for hearing. At the conclusion of said hearing, the Mayor shall render a decision.
(2) Within 14 days after a license or permit is suspended, the Mayor may call a hearing for the purpose of determining whether or not the license or permit shall be revoked.
(3) Licenses and permits issued by the municipality, unless otherwise provided, may be revoked by the City Council after notice and hearing as provided in divisions (B)(4) and (5) of this section for any of the following causes:
(a) Any fraud, misrepresentation or false statement contained in the application for the license or permit; or during activities for which the license is issued;
(b) Any violation by the licensee or permittee of provisions of this code or other ordinances of the municipality relating to the license or permit, the subject matter of the license or permit or the premises occupied;
(c) Conviction of the licensee or permittee of any felony or of a misdemeanor where such conviction indicates their inability to operate a safe, honest and legitimate business operation within the city;
(d) Failure of the licensee or permittee to pay any fine, penalty or charge owed to the city;
(e) Refusal to permit an inspection or sampling or any interference with a duly authorized municipal officer or employee while in a reasonable performance of his duties in making such an inspection as provided herein. Such revocation, if ordered, shall not preclude prosecution and imposition of any other penalties provided for the violation of other applicable provisions of this code or other ordinances of the municipality.
(f) Previous suspension of the license.
(4) Notice of the hearing for revocation of a license or permit shall be given in writing setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be sent by certified mail, return receipt requested, to the licensee or permittee at his last known address, at least 14 days prior to the date set for the hearing. The licensee may request a continuance on or before the date of the hearing, and said continuance shall not exceed 30 days. The suspension shall be in effect until the first business day following the hearing.
(5) At the hearing, the City Attorney or designee thereof shall present the complaint and shall represent the municipality. The licensee or permittee shall be permitted counsel and shall have the right to submit evidence and cross-examine witnesses. The Mayor and City Council shall preside, and a decision shall be rendered by a majority vote of the Council.
(6) An electronically recorded record of the hearing shall be kept.
(7) Within a reasonable time after the conclusion of the hearing, but not longer than 30 days, the Mayor shall issue a written statement of the decision and the reasons for that decision.
('69 Code, § 12-3(d), (j)) (Ord. 0-92-5, passed 4-27-92)