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A. Hearing Officer; Appointment And Powers: The mayor may appoint one or more hearing officers, and the mayor or the hearing officer shall have the power and authority to call, preside at and conduct hearings to consider the suspension, revocation, denial or approval of business licenses issued by the city, including the power to examine witnesses and receive evidence, compel the attendance of witnesses and compel the production of documents.
1. Authority: The city recorder, or duly authorized designee, shall serve as the city business license coordinator and shall have the authority, without a hearing, to deny issuance of a new license application for the reasons provided in this chapter.
2. Appeal: The decision of the business license coordinator may be appealed by filing a written notice of appeal with the city recorder within fifteen (15) days of receipt of the notice of denial. The hearing of the appeal shall be conducted pursuant to subsection E of this section.
3. Hearing: Any suspension, revocation or denial of a license, whether such action is taken as a part of the initial application submitted for renewal, or some subsequent form of enforcement under a section of this code, shall not be imposed until a hearing is held by the mayor or a hearing officer appointed by the mayor, unless otherwise provided in this code. Regardless of the time or basis for the suspension, revocation or denial of a license, reasonable notice of the time and place of the hearing, together with notice of the nature of the charges or complaint against the licensee, premises or applicant sufficient to reasonably inform the licensee or applicant and enable the licensee or applicant to answer such charges and complaint, shall be served upon the licensee or applicant at his or her last known post office address not later than five (5) days prior to the hearing date.
C. Criteria For Denial: The city may deny the application for a business license for any of the following reasons:
1. Failure To Meet Qualifications: The applicant does not meet the qualifications for a license as provided in this chapter.
2. Nonpayment Of Fees: For a new application, nonpayment of a returned check for the required license fees at the time the application is made. For a business license renewal application, nonpayment of the required license fees, plus any penalty assessed for late payment.
3. Disapproval Of Reviewing Department: One of the reviewing departments or divisions of the city provided for in this code has disapproved the application pursuant to any applicable provision of this code.
4. False Information: False or incomplete information given on the application.
5. Noncompliance: Noncompliance with any city, state or federal statutes, or any health department regulations governing the applicant's proposed business.
D. Suspension Or Revocation:
1. Grounds: The city may suspend or revoke a business license for any of the following reasons:
a. The license should not have been issued.
b. The licensee does not now meet the qualifications for a license as provided under this chapter.
c. False or incomplete information given on an application.
d. The licensee has violated or is violating any provision of this chapter or provision of this code, or state or federal statutes or regulations governing the licensee's business.
e. Violation of this chapter by the agents or employees of a licensee and violations of any other laws by the agents or employees committed while acting as an agent or employee of the licensee.
f. Failure to pay a required fee.
g. Any other reason expressly provided for in this code.
2. Time Limitation: No business license shall be suspended or revoked for a period of time exceeding one year.
E. Hearing Procedure:
1. Mayor; Hearing Officer: Hearings to consider the revocation, suspension or denial of a license issued by the city shall be held by or at the direction of the mayor. Such hearings may be held either before the mayor or before a hearing officer who has been appointed by the mayor to conduct such hearings.
2. Testimony Under Oath; Recorded: All witnesses called at such hearings shall be sworn by a person duly authorized to administer oaths and a record of such hearing shall be made by a recording. At the request and expense of any party, a hearing may be recorded by a court reporter.
3. Licensee Rights: A licensee shall have the right to appear at the hearing in person or by counsel, or both, present evidence, present argument on the licensee's or applicant's behalf, cross examine witnesses, and in all proper ways defend the licensee's or applicant's position.
4. Order Or Decision: The mayor or a designated hearing officer shall make a ruling and decision based upon the evidence presented at such hearing, and shall issue or adopt written findings of fact and conclusions of law in appropriate cases and issue a written order or decision.
5. Vacation Of Decision: Any decision entered by a hearing officer may be vacated by the mayor within fifteen (15) days after the entry thereof. The mayor shall thereafter conduct such further hearings, if any, as the mayor shall deem necessary, and based upon evidence received at all hearings on the issues, the mayor shall adopt written findings and enter a written order or decision.
6. Final Decision; Appeal: A written order or decision of a hearing officer, if not vacated by the mayor, and a written order or decision of the mayor, shall constitute a final decision from which an appeal (for purposes of review and not a trial de novo) may be taken to a court of law, in the time and manner otherwise provided by law.
F. Reapplication; Waiting Period: It is unlawful for any person, firm or corporation, or any agent, manager or operator of any person, corporation or firm who has had a license suspended, revoked or denied by the mayor or the mayor's designated hearing officer, to reapply for or obtain a license which has been so suspended, revoked or denied during the time that said license has been revoked, suspended or denied or for a period of one year, whichever is less. (2008 Code)