(A) Inspections.
(1) Persons authorized. The following persons are authorized to conduct inspections in the manner prescribed herein.
(a) City Clerk. The City Clerk shall make all investigations reasonably necessary to the enforcement of this subchapter.
(b) Officials having duties. The City Clerk shall have the authority to order the inspection of licensees, their businesses and premises by all city officials having duties to perform with reference to the licensees or businesses.
(c) Police officers. All police officers shall inspect and examine businesses located within their respective jurisdictions or beats to enforce compliance with this subchapter.
(d) Fire personnel. All fire personnel or contractors shall inspect and examine businesses located within their respective jurisdictions or beats to enforce compliance with this subchapter.
(2) Authority of inspectors.
(a) All persons authorized herein to inspect licensees and businesses shall have the authority to enter at all reasonable times the following premises:
1. Those for which a license is required;
2. Those for which a license was issued and which, at the time of inspection, are operating under the license; or
3. Those for which the license has been revoked or suspended.
(b) A license can be suspended immediately by the City Clerk or inspector if entry to the building where the license will be in effect is refused during its normal business hours.
(3) Reports by inspectors. Persons inspecting licensees, their businesses or premises as herein authorized shall, report all violations of this subchapter or of other laws or ordinances to the City Clerk and shall submit any other reports as the City Clerk shall order.
(B) Provisional order. When an inspector has reported the violation of this subchapter or of any law or ordinance, the City Clerk 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 subchapter, shall be in writing, shall be personally served, mailed to the reported address of record, or emailed if licensee has previously agreed to receive correspondences this way, and shall apprise the person affected of his or her specific violations. In the absence of the person affected or his or her agent or employee a copy of the notice shall be affixed to some structure on the premises.
(2) Period for compliance. The provisional order shall require compliance within 20 days of service on the affected person, or upon written agreement authorized by the City Clerk. In case of mailing service this is 20 days from being postmarked.
(3) Hearing. Upon written application by the person affected before the expiration of the 20-day period for compliance, the City Clerk shall order a hearing. Notice of the hearing shall be given the affected person in the manner prescribed herein.
(C) Modifying authority of City Clerk. Upon written application, or on his or her own motion, the City Clerk shall have the authority, in 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 City Clerk shall then declare and make the provisional order final.
(1) Authority of City Clerk. The City Clerk 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 or she shall immediately cease all business at all places under the license.
(E) Summary action.
(1) Generally. 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 emergency, the City Clerk shall have the authority to summarily order the cessation of business and the close of premises or to suspend or revoke the license.
(2) Special hearing. Unless waived in writing, within 20 days after he or she has acted summarily, the City Clerk shall conduct a special hearing for the action in respect to the summary order as may be therein determined. Notice of the hearing shall be given to the affected person in the manner prescribed herein.
(F) Right of appeal. Any person aggrieved by any decision of the City Clerk after hearing shall have the right to appeal to the City Council by filing a written appeal to the City Clerk 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) Hearing. The City Council shall fix a time and place for hearing the appeal and shall personally serve a written notice upon the appellant informing him or her thereof.
(G) Security. The City Clerk as a provisional order may direct a business to ensure and secure the safety of its operations, patrons, guests, and residents of Hamtramck. If the business has; continued police runs, is an inherently dangerous business or attractive target, has likelihood of continued unruly crowds, special fire concerns, special events requiring crowd control, or any other safety concerns.
(1) A licensee, private party, or other organization may contract with the City of Hamtramck for extra police or fire services at the expense of the licensee, private party, or other organization requesting the services if staffing is available.
(a) Failure to reimburse the City of Hamtramck for any contracted police or fire services shall be a violation of this subchapter and subject to penalties under § 110.013.
(Ord. 396, passed 1-29-1981; Am. Ord., passed 9-8-2020)