(A) Inspections.
(1) Persons authorized. The following persons are authorized to conduct inspections in the manner prescribed herein. The Fire Chief, Police Chief, and Building Official or their designated
representatives having duties to perform with reference to licenses or businesses shall be in accordance with the ordinances, policies, and procedures of their respective departments.
(2) Authority of inspectors. All persons authorized herein to inspect licensees and businesses shall have the authority to enter, with or without a search warrant, at all reasonable times, the following premises.
(a) Those for which a license is required.
(b) Those for which a license was issued and which, at the time of inspection, are operating under the license.
(c) Those for which the license has been revoked or suspended.
(3) Reports by inspectors. Persons inspecting licensees, their businesses, or premises as herein authorized shall report all violations of this chapter or of other laws or ordinances to the License Officer, and shall submit any other reports as the License Officer shall order.
(B) Provisional order. When an inspector has reported the violation of this chapter or of any law or ordinance, the License Officer shall issue to the affected person a provisional order to comply.
(1) Nature of notice. The provisional order, and all other notices issued in compliance with this chapter, shall be in writing, shall be personally served, and shall apprise the person affected of his specific violations. In the absence of the person affected or his agent or employee, a copy of the notice shall be affixed to some structure on the premises. Depositing the notice in the United States mail shall constitute service thereof.
(2) Period for compliance. The provisional order shall require compliance within ten days of personal service on the affected person.
(3) Hearing. Upon written application by the person affected before the expiration of the ten- day period for compliance, the License Officer shall order a hearing. Notice of the hearing shall be given the affected person in the manner prescribed herein.
(C) Modifying authority of License Officer. Upon written application, or on his own motion, the License Officer shall have the authority, in a proper case, to extend the time for compliance, to grant a new hearing date, and to change, modify, or rescind any recommendation or order.
(D) Final order. Upon the failure or refusal of the violator to comply with the provisional order or with any order made after hearing, the License Officer shall then declare and make the provisional order final.
(1) Authority of License Officer. The License Officer shall have the authority to suspend or revoke licenses upon making and declaring a provisional order final.
(2) Effect of revocation or suspension. Upon revocation or suspension, no refund of any portion of the license fee shall be made to the licensee, and he shall immediately cease all business at all places under the license.
(E) Summary action.
(1) When the conduct of any licensee, agent, or employee is so inimical to the public health, safety, and general welfare as to constitute a nuisance and thus give rise to an emergency, the License Officer shall have the authority to summarily order the cessation of business and the close of the premises, or to suspend or revoke the license.
(2) Unless waived in writing, within ten days after he has acted summarily, the License Officer shall conduct a special hearing for this action in respect to the summary order as may be therein determined. Notice of the hearing shall be given the affected person in the manner prescribed herein.
(F) Right of appeal. Any person aggrieved by any decision of the License Officer after hearing shall have the right to appeal to the Council, Mayor, or City Manager of the city by filing a written appeal with that Officer within ten days following the effective date of the action or decision complained of.
(1) Contents of appeal. The appeal shall set out a copy of the order or decision appealed from, and shall include a statement of the facts relied upon to avoid the order.
(2) Notification of License Officer. At the time of filing any appeal, a copy thereof shall be filed by the appellant with the License Officer.
(3) Hearing. The Council, Mayor, or City Manager shall fix a time and place for hearing the appeal, and shall personally serve a written notice, as provided herein, upon the appellant informing him thereof. The Council, Mayor, or City Manager shall also give notice to the License Officer, and the License Officer shall be entitled to appear and defend the order.
(4) Effect of decision. The findings of the Council, Mayor, or City Manager shall be final and conclusive, and shall be personally served upon the appellant as required herein.
(G) Liability of violator.
(1) Unpaid fee constitutes debt. The amount of any unpaid fee, the payment of which is required hereunder, shall constitute a debt due the city.
(2) Action by City Attorney. The City Attorney shall, at the direction of the License Officer, institute civil suit in the name of the city to recover any unpaid fee.
(3) Civil judgment no bar. No civil judgment, or any act by the City Attorney, the License Officer, or the violator shall bar or prevent a criminal prosecution for each and every violation of this chapter.
(‘83 Code, § 110.11) (Ord. 94-001, passed 4-11-94) Penalty, see § 10.99