If licensee fails to perform any obligation under the license, or under this Chapter, or fails to do so in a timely manner, the Department may, at its sole option, and at its sole discretion declare a default and seek the following:
(a) Notice of Default. Upon licensee’s breach of the terms of its license or violation of this Chapter, the Department shall mail to the licensee’s last known business address by first class mail, postage prepaid, a notice of default. Said notice shall describe the nature of the licensee’s default and specify such remedial action as may be necessary for the licensee to cure said default. licensee shall have 90 days from the date of the notice of default’s mailing in which to cure the default. In the event licensee has failed to cure the default, the Department may submit the matter to the License Review Board for further proceedings.
(b) License Review Board Hearings. In the event that a notice of default is mailed to licensee as set forth in Subdivision (a) above, the Department may, no earlier than 60 days following its mailing of a notice of default, file a written accusation with the License Review Board with a copy to the licensee, requesting a hearing and setting forth the grounds for such proceedings. The licensee may, within 30 days following the Department’s mailing of the accusation, file with the License Review Board a written response to said accusation admitting and/or denying the allegations therein and setting forth any affirmative defenses licensee may have. Not later than 60 days after any such accusation has been received by it, a public hearing pursuant to §§ 42.0513 and 42.0514 shall be held on the accusation by the License Review Board. The License Review Board shall, within 30 days following the public hearing, either dismiss the accusation, assess monetary sanctions, or recommend revocation of the license to the Board of Supervisors, and shall notify the licensee in writing of its decision by first class mail, postage prepaid. Determinations of the License Review Board may be appealed to the Board of Supervisors within 30 days of the License Review Board’s decision.
(c) Monetary Sanctions. For any violation of the terms of this Chapter or the terms of the license, and as an alternative to revocation of the license, the License Review Board may assess against the licensee monetary sanctions in an amount not to exceed 30 percent of the license fee paid for the preceding year. Assessment of sanctions shall not constitute a waiver by the County of any other right or remedy it may have under the license or under applicable law, including without limitation, its right to recover from the licensee such additional damages, costs and expenses, under this Chapter including actual attorney fees, that may have been suffered or incurred by the County by reason of or arising out of such breach of the license or this Chapter.
(d) License Revocation/Suspension. The County may revoke or suspend any license for cause. For the purposes of this Section, any breach of the license or this Chapter shall constitute cause. In the event the License Review Board shall recommend revocation or suspension, the Board of Supervisors shall conduct a public hearing within 45 days following its receipt of the License Review Board’s recommendations, and shall within 30 days of the public hearing make its determination either to: (1) dismiss the revocation proceedings; (2) suspend the license subject to licensee’s performance of such condition(s) consistent with this Chapter as the Board of Supervisors may impose; or (3) revoke the license.
(e) Effect of Revocation. Upon revocation and during suspension of a license by the Board of Supervisors, the licensee shall immediately cease all operations under the license, and the license shall be considered null and void. Any continued operations requiring a license under this Chapter, shall be considered a violation of the County Code and subject the licensee to such criminal and civil penalties, including injunctive relief, as may be appropriate.
(f) No Limitation of County’s Rights. Any or all of the above enumerated measures against licensee shall be in addition to any and all other legal or equitable remedies the County has under the license or under applicable law.
(Ord. 1281, passed - -1966; Am. Ord. 2053, passed - -1976; Am. Ord. 2667, passed - -1982; Am. Ord. 2717, passed - -1982; Am. Ord. 3440, passed - -1991)