The City Council shall conduct its hearing on suspension or revocation in the following manner:
A. The licensee or permit holder, and the surety on the licensee's or permittee's bond, shall be served with written notice containing a copy of the complaint against the licensee or permittee, the chapter provision(s) or State Statute(s) allegedly violated, and the date, time, and place for a hearing on the matter.
B. The City Council shall conduct a hearing, at which both the licensee or permit holder and the complainant(s) shall be present, the purpose of which is to determine the truth of the facts alleged on the complaint. Should the licensee or permit holder or their authorized representative fail to appear without good cause, the Council may proceed to a determination on the merits of the complaint.
C. The licensee or permit holder shall have the right to be represented by counsel, to testify and present witnesses in his or her own behalf, and to cross-examine adverse witnesses.
D. The City Council shall admit only reliable and substantial evidence into the revocation or suspension proceeding, and shall give all admitted evidence its natural probative value.
E. In the event that criminal charges have been brought against the licensee or permit holder on the same facts and circumstances as are the basis for the revocation or suspension complaint, the Council shall await a judgment in the criminal action before conducting the revocation or temporary suspension hearing required by this section. Neither a conviction nor an acquittal in the criminal action shall be conclusive for purposes of the revocation or suspension proceeding held under this section. (Ord. 91-28, 12-17-1991)
F. The Council shall make and record findings of fact and conclusions of law, and shall revoke or suspend a license or permit under this section only when, upon review of the entire record, it finds evidence of a substantial violation of this chapter or State law. Iowa Code sections 123.32, 123.39 and 123.40 and any revisions thereto establish hearing, suspension, and revocation regulations. (Ord. 91-28, 12-17-1991; amd. 2017 Code)