A. Violation Of Law: The holder of a license issued under this chapter shall be in violation of that license upon that license holder's violation of any state or federal law, or local ordinance relating to the activity licensed. The violation may be proved to the city either by a certified copy of a judgment of conviction in a court of record, or upon evidence presented to the city, following notice and hearing, proving a violation.
1. Notice: Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation, which shall inform the alleged violator of his/her rights to be heard on the accusation.
2. Hearings: If a person accused of violating this section so requests within ten (10) days of issuance of the citation, a hearing shall be scheduled, the time and place of which shall be provided to the accused violator. In the event that no hearing is requested, the city council shall be presented evidence on the violation and, if a violation is found to exist, may proceed as provided in this section.
3. Hearing Officer: The city council shall serve as the hearing officer, or a hearing officer shall be appointed by the city council to hear the matter and make a report on facts and proposed disposition.
4. Decision: If the hearing officer determines that a violation of this section did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed under this section, shall be recorded in writing, a copy of which shall be provided the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator.
5. Appeals: Appeals of any decision made by the hearing officer shall be filed in the district court for the jurisdiction of the city in which the alleged violation occurred.
6. Misdemeanor Prosecution: Nothing in this subsection shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this section.
7. Continued Violation: Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
8. Sanctions: In the event that the city council finds that a violation has occurred, the city council may revoke the license, may suspend the license, may impose administrative fines, and may impose such other sanctions as a condition for continued licensure as will ensure future compliance by the licensee with applicable law.
B. Suspension; Public Health Or Domestic Peace: The city may, without notice, suspend a license prior to hearing in the event that it finds that the public health or domestic peace are eminently threatened by the actions of a licensee conducted under a license issued under this chapter. In the event that a license is suspended because of an eminent threat to public health or domestic peace, the city shall immediately notify the licensee of the suspension and shall allow the licensee to be heard as provided in this section as soon as practicable. (Ord. 102, 4th Series, eff. 1-1-1998)