(A) Inspections.
(1) Persons authorized. The following persons are authorized to conduct inspections in the manner prescribed herein.
(a) License Officer. The License Officer shall make all investigations reasonably necessary to the enforcement of this chapter.
(b) Officials having duties. The License Officer 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.
(2) Authority of inspectors. All persons authorized herein to inspect licensees and businesses shall have the authority to enter, with or without 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; and
(c) Those for which the license has been revoked or suspended.
(3) Reports by inspectors. Persons inspecting licensees, their business, 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 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.
(a) 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 or her specific violations.
(b) 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. Depositing the notice in the United States mail shall constitute service thereof.
(2) Period for compliance. The provisional order shall require compliance within five days of personal service on the affected person.
(3) Hearing. Upon written application by the person affected before the expiration of the five 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 or her 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 or she shall immediately cease all business at all places under the license.
(E) Summary action. When the conduct of any licensee, agent or employee is so inimitable 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 premises or to suspend or revoke the license.
(F) Special hearing. Unless waived in writing, within three days after he or she has acted summarily, the License Officer shall conduct a special hearing for that 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.
(G) Right of appeal. Any person aggrieved by any decision of the License Officer after hearing shall have the right to appeal to the Chief Administrator of the city by filing a written appeal with the 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 Chief Administrator 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 or her thereof. The Chief Administrator shall also give the notice to the License Officer and the officer shall be entitled to appear and defend the order.
(4) Effect of decision. The finding of the Chief Administrator shall be final and conclusive and shall be personally served upon the appellant as required herein.
(H) 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 the 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.
(Prior Code, § 11-110)