(A) Generally. The City Manager or his or her designee may suspend, revoke, or deny renewal of a license for cause of any license or permit issued by the city in the manner herein provided. Divisions (A) through (D) below shall not apply to denial of new licenses.
(B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
CAUSE. As used in this section shall include:
(a) The doing or omitting of any act or permitting any condition to exist in connection with any trade, profession, business, or privilege for which a license or permit is granted under the provisions of this code, or any premises or facilities used in connection therewith, which act, omission, or condition is contrary to the health, morals, safety, or welfare of the public; is unlawful or fraudulent; is unauthorized or beyond the scope of the license or permit granted; or is forbidden by the provisions of this code or any duly established rule or regulation of the city applicable to the trade, profession, business, or privilege for which the license or permit has been granted;
(b) The arrest and conviction of the licensee or permittee for any crime involving moral turpitude;
(c) Fraud, misrepresentation, or any false statement made in the application of the license;
(d) Fraud, misrepresentation, or any false statement made in the operation of a business;
(e) Failure or inability of an applicant to meet and satisfy the requirements and provisions of this code; and
(f) Violation of any state or federal statute or duly adopted federal, state, or local rule and regulation as relates to the operation or business pertaining to the license or registration.
(C) Notice. Whenever the City Manager or his or her designee shall have evidence to warrant the suspension, revocation, or denial of renewal of a license or permit, the City Manager or his or her designee shall send a notice to the licensee or permittee by certified mail to his or her last known address, which notice shall contain a statement of the charge against the licensee or permittee and a definite time and place for a hearing of the charge, and shall order the licensee or permittee to show why the license or permit should not be suspended, revoked, or denied renewal, and that failure by the licensee or permittee to appear at the hearing may result in suspension, revocation, or denial of renewal of the license or permit. Unless the licensee or permittee requests a longer time, the hearing shall be conducted within five days from the order of suspension, revocation, or denial of renewal of a license or permit.
(D) Hearing.
(1) The City Manager shall appoint a Hearing Officer to conduct a public hearing at which the licensee or permittee shall be granted an opportunity to show cause why the license or permit should not be suspended, revoked, or denied renewal.
(2) In any proceedings under this section, the Hearing Officer has the power to administer oaths and affirmations and to certify official acts. The Hearing Officer shall proceed with reasonable dispatch to conclude any matter before them. Due regard shall be shown for the convenience and necessity of the parties and their representatives.
(3) The Hearing Officer shall cause a record of the entire proceeding to be made by tape recording or by other means of permanent recording determined appropriate by the Hearing Officer. A transcript of the proceedings shall be made available to all parties upon request and upon payment of a fee prescribed by the court reporter.
(4) The hearing need not be conducted according to the technical rules of evidence adopted for the courts of record in the state.
(5) The Hearing Officer shall take testimony from the licensee or permittee and any person having knowledge relevant to the suspension, revocation, or denial of renewal of a license or permit. Oral evidence shall be taken only upon oath or affirmation of the party offering the testimony.
(6) Hearsay evidence may be used under the following guidelines:
(a) Hearsay evidence may be used to explain other direct evidence;
(b) Hearsay evidence may be used to support other direct evidence; and
(c) Hearsay evidence shall not be used in itself to support a finding, unless it would be admissible in civil actions in courts of competent jurisdiction.
(7) Any relevant evidence not otherwise excluded herein shall be admitted.
RELEVANT EVIDENCE shall be defined, for the purpose of this section, as the type of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs. Such relevant evidence shall be admitted regardless of whether or not it may be admissible in civil actions in courts of competent jurisdiction.
(8) Irrelevant and unduly repetitious evidence shall be excluded. Each party shall have these rights:
(a) To call and examine witnesses on any matter relevant to the issues of the hearing;
(b) To introduce documentary and physical evidence;
(c) To cross-examine opposing witnesses on any matter relevant to the witness to testify;
(d) To impeach any witness regardless of which party first called the witness to testify;
(e) To refute the evidence;
(f) To represent himself or herself or to be represented by anyone of his or her choice who is lawfully permitted to do so; and
(g) To make a closing statement at the conclusion of the evidentiary portion of the hearing.
(9) Failure of the licensee or permittee or his or her representative to appear at the hearing may be deemed to be an admission by the licensee or permittee of the facts set forth in the City Manager or his or her designee’s notice and order.
(10) The Hearing Officer shall make written findings of fact based upon the competent evidence and testimony admitted during the hearing.
(11) The Hearing Officer shall make a finding whether or not the license or permit shall be denied, revoked, or suspended.
(E) Appeal upon denial, suspension, or revocation of a license.
(1) Any party dissatisfied with the decision of the City Manager or other Hearing Officer shall have a right to appeal the decision. The appeal shall be in writing and shall contain a complete statement of the grounds for the appeal. It must be filed with the City Clerk, together with an appeal fee, within 14 days after notice of such denial, suspension, or revocation is mailed to the person’s last known address. This appeal upon denial includes the denial of a new license.
(2) Within ten days of the receipt of the appeal by the City Clerk, the Clerk shall schedule an appeal hearing. Unless waived by the parties, the Clerk shall mail by first-class mail a written notice of the time and location of the appeal hearing at least five days prior to the hearing. The appeal hearing shall be an informal hearing held before a panel consisting of the City Manager or their designee, the affected department head or their designee, and the City Clerk or his or her designee.
(3) The factual record made in the hearing, or license or permit application record in case of denial, shall constitute the basic record for the appeal. The appeal panel may, but need not, allow the presentation of additional evidence by a majority vote. Argument as to relevant factual and legal issues shall be permitted. The decision of the appeal panel shall be reached by majority vote and mailed to the parties within seven days of the conclusion of the hearing. The decision of the appeal panel shall be final and conclusive.
(4) A party aggrieved by the order or decision of the appeal panel may appeal the decision to a court of competent jurisdiction as provided by state statutes and court rules.
(F) Immediate suspension. Where the City Manager or his or her designee shall determine that in the interest of the public health, morals, safety, or welfare an immediate suspension is necessary, he or she shall order the same. In such case, the City Manager shall forthwith send a notice to the licensee or permittee by certified mail to his or her last known address, which notice shall contain a statement of the charge against the licensee or permittee and a definite time and place for a hearing of the charge and shall order the licensee or permittee to show why his or her license or permit should not be suspended for an additional period of time or revoked. Unless the licensee or permittee requests a longer time, the City Manager or his or her designee shall conduct said hearing within five days from the order of suspension, at which time and place the licensee or permittee shall have an opportunity to present a defense to the charge and cross-examine any witnesses and examine all evidence produced against them. The decision may be appealed pursuant to division (E) above.
(G) Fee refund. No fee for any license or permit which has been suspended or revoked pursuant to the provisions of this section shall be refunded.
(Prior Code, § 110.06) (Ord. O-156, passed 2-17-2014, effective 2-27-2014; Ord. O-191, passed 7-24-2017, effective 8-3-2017)