A. Conditions: The city may suspend or revoke a license:
1. Because the license should not have been issued;
2. Because of licensee's failure or refusal to permit or cooperate with an audit or inspection;
3. For failure to pay a required fee;
4. If continued operation of the licensed activity would constitute a nuisance, or present a danger to the health, safety or general welfare of the community; or
5. Because of a violation of this title or any other applicable provision of law.
B. Procedure: The following procedures apply to the suspension or revocation of any license issued under this title:
1. A license may be suspended or revoked for one or more violations of this title, after a hearing before the city council. Written notice of such hearing shall be served upon the licensee or licensee's agent at least ten (10) calendar days prior to the date of the hearing. Notice may be served personally or by certified mail. Such notice shall state the grounds for possible suspension or revocation and the time and place where the hearing shall be held. The licensee shall have the right to appear and respond to any allegations made and to present reasons why the license should not be suspended or revoked.
2. The hearing shall be conducted informally. Formal rules of evidence and court procedure shall not apply. Hearsay evidence is admissible, but must have some probative weight and reliability to be considered. The standard of proof for suspension or revocation shall be a preponderance of the evidence.
3. A license may be suspended or revoked without a hearing for failure to pay a required fee.
4. The city council shall make a ruling and decision based upon the evidence presented at the hearing and shall enter a written order or decision, and may impose such sanctions as it deems proper based upon the evidence presented. In the event the city council institutes a sanction of suspension, the city council may impose conditions that the licensee must meet before the suspension is lifted. If a license is suspended or revoked, the sanction shall apply to the licensee and to the business at the premises in question for the full term of the imposed sanction. The order or decision entered by the city council shall be final.
5. The licensee may appeal the decision or order of the city council to a court of competent jurisdiction.
C. Reapplication Unlawful: It is unlawful for any person, firm, partnership, company or corporation who has had a license suspended or revoked to reapply for or obtain a license during the period of suspension or revocation. (Ord. 12-2012, 5-8-2012)