(A) Generally. Any license issued under this section may be suspended or revoked at the discretion of the City Council for violation of any of the following:
(1) Subsequent knowledge by the city of fraud, misrepresentation or incorrect statements provided by an applicant on the application form;
(2) Fraud, misrepresentation or false statements made during the course of the licensed activity;
(3) Subsequent conviction for any offense for which the granting of the license could have been denied under § 118.071(B) of this chapter;
(4) Engaging in any prohibited activity as provided under § 118.076 of this chapter; and/or
(5) Violation of any other provision of this subchapter.
(B) Notice. Prior to revoking or suspending any license issued under this subchapter, the city shall provide a license holder with written notice of the alleged violations and inform the licensee of his or her right to a public hearing on the alleged violation. Such notice shall be delivered in person or by mail to the permanent residential address listed on the license application, or if no residential address is listed, to the business address provided on the license application.
(C) Public hearing.
(1) Upon receiving the notice provided in division (B) above, the licensee may request a public hearing by delivering a written request for hearing to the City Clerk-Treasurer. If no such request for a hearing is received by the City Clerk-Treasurer within ten days following the service of the notice, the city may suspend or revoke the license. Written notice of the suspension or revocation shall be mailed to the licensee. For the purpose of a mailed notice, service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated time frame, a hearing shall be scheduled within 20 days from the date of the request for the public hearing.
(2) Within five regular business days of the hearing, the City Council shall notify the licensee of its decision.
(D) Emergency. If, in the discretion of the City Council, imminent harm to the health or safety of the public may occur because of the actions of any person licensed under this subchapter, the City Council may immediately suspend the person’s license and provide notice of the right to hold a subsequent public hearing as prescribed in this section.
(E) Appeal. Any person whose license is suspended or revoked by the City Council under this section shall have the right to appeal that decision by petitioning the State Court of Appeals for a writ of certiorari.
(1992 Code, § 488:20) (Ord. 1463, passed 1-4-2011)