A. After notice and an opportunity for a hearing to the permittee as provided in this section, the city manager may suspend, modify or revoke any permit issued pursuant to the provisions of this chapter for any of the following reasons:
1. The entertainment has been conducted in a manner contrary to the findings for the issuance of a permit set forth in Section 5.108.190(B);
2. The permittee has failed to comply with one or more conditions of the permit;
3. The entertainment has created sound levels that violate the city code;
4. The permittee or his or her employees, agents, or representatives have violated or are violating federal, state or local laws, rules or regulations in connection with the entertainment;
5. The entertainment has been conducted in an illegal or disorderly manner or has been conducted in such a manner as to constitute an unreasonable burden on the reasonable use and enjoyment of neighboring properties;
6. The applicant has knowingly made a false statement of material fact or has knowingly omitted a material fact in the application;
7. The entertainment has created or is creating a nuisance;
8. The permittee or any other responsible person has violated any provision of this chapter; or
9. The modification has been requested by the permittee and the city manager finds the modification is consistent with the provisions of this code and will not constitute a nuisance or an unreasonable burden upon city resources or the surrounding neighborhood.
B. In the event the city manager proposes to suspend, modify or revoke a permit, written notice of the proposed suspension, modification or revocation shall be personally delivered or sent by certified mail to the permittee at least fourteen (14) calendar days prior to the date of the proposed suspension, modification or revocation. The notice shall contain:
1. A brief statement on the specific grounds for such suspension, modification or revocation;
2. A statement that the permittee may appeal the proposed suspension, modification or revocation by submitting an appeal, in writing to the city manager, within ten (10) calendar days of the date of service of the notice;
3. A statement that the failure to appeal the notice of suspension, modification or revocation will constitute a waiver of all right to an appeal hearing, and the suspension, modification or revocation will be final.
C. The appeal hearing shall be conducted by the city manager. The permittee may have the assistance of counsel and shall have the right to present evidence.
1. Failure to properly file a written appeal of the notice of suspension, modification or revocation within ten (10) calendar days of the date of service of the notice will constitute a waiver of all right to an appeal hearing, and the suspension, modification or revocation will be final. Failure to properly and timely appeal the notice of suspension, modification or revocation shall also constitute a failure to exhaust administrative remedies and a bar to any judicial action pertaining to the city manager's decision.
2. If the permittee or counsel for the permittee files a proper appeal and then fails to appear at the hearing, the appeal is abandoned, and the decision of the city manager is final and may not be further appealed. Failure to appear at the hearing constitutes a waiver of all right to an appeal hearing and shall also constitute a failure to exhaust administrative remedies and a bar to any judicial action pertaining to the city manager's decision.
D. Written notice of the decision of the city manager shall be given to the permittee within ten (10) working days following the hearing by personal delivery thereof or deposit of such notice in the U.S. mail, postage prepaid.
E. Except as provided in subsections B and C, the decision of the city manager shall be subject to appeal to the city council as provided in Section 5.108.260. (Ord. 2003-056 § 1)