A. Hearing Required: A suspension, revocation or denial to renew a license issued pursuant to the ordinances of the city shall not be imposed until a hearing is first held pursuant to this chapter before the chief executive or a hearing examiner.
B. Notice To Licensee: At least ten (10) days prior to a hearing hereunder, the city shall cause notice of the time and place of the hearing to be served upon the licensee by mailing a copy to the licensee via certified mail, return receipt requested, in care of the licensee or the process agent specified in the license application.
C. Failure To Appear: Failure to appear at such hearing or otherwise defend against suspension, revocation, or denial to renew a license shall constitute grounds for immediate suspension, revocation or denial to renew a license.
D. Sworn Witnesses; Record Of Proceedings: All witnesses called at a hearing shall be sworn by a person authorized to administer oaths, and a record of such hearing shall be made by a recording or a court reporter. The licensee shall have the right to appear at the hearing in person or by counsel, or both, present evidence, present argument on the applicant's behalf, cross examine witnesses, and in all proper ways defend the licensee's position.
E. Findings Of Fact And Conclusions Of Law By Hearing Examiner; Time Limit: If the hearing is before a hearing examiner, the hearing examiner shall, within ten (10) days after the conclusion of the hearing, submit to the chief executive proposed written findings of fact, and conclusions of law and order based upon and supported by the evidence presented at such hearing. (Ord. 2011-18, 10-7-2011)
The chief executive may appoint one or more hearing examiners upon the advice and consent of the city council, and the chief executive or any hearing examiner shall have power and authority to call, preside at and conduct hearings to consider the suspension, revocation or denial of license renewal, including the power to examine witnesses and receive evidence, compel the attendance of witnesses, and compel the production of documents. (Ord. 04-20, 10-21-2004)
A. Upon receiving the hearing examiner's proposed findings of fact, conclusions of law and order, the chief executive may adopt and enter the proposed findings of fact, conclusions of law and order, or may enter his own findings of fact, conclusions of law and order, provided such order is based upon and supported by the record. Immediately after entry, the order shall be filed with the office of the city recorder and a copy served upon the licensee personally or by mailing a copy to the licensee via certified mail, return receipt requested.
B. In the event the chief executive's order institutes a denial or a sanction of suspension, probation, denial to renew or revocation of a license, such action shall apply immediately after entry and shall apply to the licensee, the licenses issued by the city, and to the premises in question for the full term of the imposed sanction. (Ord. 04-20, 10-21-2004)
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