Skip to code content (skip section selection)
ADMINISTRATIVE RECORD: Information and documents considered by the City Manager in making the City Manager's decision.
REVOCATION: Elimination of the licensee's license. Licensee must reapply for a new license upon expiration of the revocation period.
SUSPENSION: A temporary suspension of a license for a period less than a year. A suspended license is automatically reinstated upon expiration of the suspension period without any additional action from the licensee.
B. Grounds For Suspension Or Revocation Of A License: The City Manager may suspend or revoke a license issued pursuant to this chapter for the following reasons:
1. Upon clear evidence that the commercial enterprise is operating in violation of Federal, State, or local rule, law, or regulation, including violations of Building and Fire Codes.
2. Upon clear evidence that the license was obtained on false information.
3. Denying entry to City officials conducting an inspection pursuant to subsection 4-1-9A of this chapter.
4. Failure to notify the City of change in contact information.
5. When suspension or revocation is required by law.
6. Any reason determined to be sufficiently egregious to warrant revocation.
C. Informal Resolution: Nothing in this section prohibits the parties from engaging in informal resolution.
D. Initial Determination:
1. The City Manager must notify the licensee, in writing, by certified mail, of the reason for the suspension or revocation of the license and the duration thereof. If the reason for the suspension is due to an alleged violation of Federal, State, or local rule, law, or regulation, the notice must cite to the rule, law, or regulation in question and recite the facts that support the alleged violation. The notice must also include any supporting documents relied upon by the City Manager.
2. Upon receipt of the notice provided for in subsection D1 of this section, the licensee has ten (10) business days to provide a written response to the City Manager.
3. After receipt of the licensee's written response the City Manager has ten (10) business days to issue the final decision revoking, suspending, or reinstating the license. The City Manager may request City officials to conduct additional inspections to verify the information contained in the licensee's written response. The licensee must be informed of the City Manager's final decision in writing by certified mail.
E. Request For Redetermination:
1. A licensee who has received an adverse final decision from the City Manager may request a redetermination prior to appealing to the City Commission. The request for a redetermination must be made within five (5) business days of the date the final decision is mailed. The request for a redetermination must be in writing and include new or additional information relevant to the issue(s) in dispute. The request must include the new information which the City Manager is to consider.
2. Upon receipt of a request for a redetermination, the City Manager has ten (10) business days in which to consider the request. The City Manager's redetermination decision must be issued in writing and mailed to the licensee by certified mail. The City Manager will only issue one redetermination for each licensee who receives an adverse decision.
F. Appeal To The City Commission:
1. Licensee may appeal the City Manager's final decision or the redetermination decision to the City Commission for reconsideration. Licensee must notify the City Manager, within ten (10) business days from the date of the decision, in writing, if the licensee wishes to appeal the decision.
2. The City Commission must hear the appeal within sixty (60) calendar days of receiving the request for an appeal. The period for the hearing may be extended with the consent of the licensee. The City Commission review will be limited to the administrative record and the testimony of the licensee presented at the hearing. Upon conclusion of the hearing the City Commission may revoke, suspend, reinstate, or take any other action with respect to the license as permitted by law.
G. Final Administrative Decision:
1. If no appeal is requested, the City Manager's decision constitutes the final administrative decision with respect to the license.
2. If the City Manager's decision is appealed to the City Commission, the City Commission's decision constitutes the final administrative decision.
H. Effective Date Of Revocation: The suspension or revocation takes effect on the date the final administrative decision is issued and all time lines for redetermination or appeals have passed.
I. Effect Of Revocation: A licensee whose license has been revoked may not apply for a new license during the revocation period. (Ord. 3250, 5-20-2019)