(A) The Mayor shall have the authority to suspend, revoke or fine a licensee after notice and a hearing in the matter set forth herein. This section shall apply to all licenses issued under Title XI of this code, unless otherwise specified.
(B) A business license may be revoked or suspended for any of the following causes:
(1) Fraud, misrepresentation, or false statement contained in the application for the business license or any renewal thereof;
(2) Fraud, deceptive practices, misrepresentation, or false statement made in the course of carrying on the business;
(3) Any violation of federal law, state law or city ordinance with respect to the operation of the business or the condition of the business premises;
(4) Conviction of the licensee, operator or manager of any crime, felony or misdemeanor committed on the business premises, including, but not limited to, pornography, prostitution, gambling. illegal possession or distribution of drugs or cannabis, or bribery of a governmental official;
(5) Conviction of any customer of any crime, felony or misdemeanor committed on the business premises with the sufferance or permission of the licensee, operator or manager, including, but not limited to, pornography, prostitution, gambling, illegal possession or distribution of drugs or cannabis, or bribery of a governmental official;
(6) Conducting the business in an unlawful manner or in such manner as to constitute a nuisance or breach of the peace or menace to the health, safety or general welfare of the public;
(7) Failure of the business licensee to pay any fine, tax or penalty owing to the city;
(8) Refusal to permit an inspection or sampling or any interference with a duly authorized city officer or employee while in the performance of his duties in making such inspections in the manner provided by law;
(9) Failure to pass any inspection or investigation, as evidenced by a written report of the inspector or investigator;
(10) Engaging in a business activity without first securing a license therefor;
(11) Providing false or misleading statements in any application to the city; or
(12) The making of false promises through advertising, salespersons and/or agents or other misrepresentations or deceptive practices.
(C) The Mayor shall provide notice in writing, setting forth the basis of the complaint and the time and place of hearing. Notice shall be mailed to the licensee at its last known address at least five days in advance of hearing.
(D) The hearing shall be held before an administrative hearing officer appointed by the city. The burden of proof is upon the city to prove by a preponderance of evidence that the alleged violation(s) occurred. The city attorney shall present the case on behalf of the city.
(E) Parties may be represented by counsel, present witnesses and evidence and cross examine witnesses. Parties may request the Hearing Officer to issue subpoenas directing the attendance and testimony of relevant witnesses and the production of relevant documents. The formal and technical rules of evidence do not apply. Evidence may be admitted if it is of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs.
(F) The Hearing Officer shall issue its written findings and recommendations, which may include a fine, suspension or revocation of the business license.
(G) The Mayor shall review the recommendation of the hearing officer and issue final action, which shall be a final order subject to administrative review.
(H) The owners, managers, and affiliates of a business that has had its license suspended or revoked, may not apply for a new business license for 12 months after the effective date of the suspension or revocation unless approval is granted by the Mayor.
(Ord. 24-O-2388, passed 5-15-2024)