A. The Fire Chief or his/her designee and the Police Chief or his/her designee shall each be authorized to suspend immediately and without notice or formal hearing the license of any licensee which violates any rule, regulation or ordinance while operating or preparing to operate a fireworks stand during or immediately preceding any period of sale. If the Fire Chief or his/her designee or the Police Chief or his/her designee establishes that a violation has occurred too late to suspend the license during the period of sale, he/she shall have power to suspend the licensee from future licenses, and to suspend the priority of the licensee, for any such violation found to have occurred during or immediately preceding or immediately following the authorized period of sale.
B. The decision of the Fire Chief or his/her designee or the Police Chief or his/her designee to suspend the license of any licensee shall be subject to review by the City Manager. In view of the limited sales period each year, for suspensions affecting the sale period, such hearing shall be held at the earliest possible time that the licensee, the City Manager or his/her designee, and the representative of the Fire Chief or Police Chief can schedule such hearing, provided that in every case, said hearing shall be held within 72 hours of the Fire Chief's or Police Chief's decision. For suspensions after the sale period, the hearing shall be held within one month after the request for hearing, which request must be made within fifteen days after notice of the suspension. The City Manager is authorized to set aside the suspension, or to modify the suspension by limiting its effect to only one or more days, or by setting aside the forfeiture of priority status for future years. The decision of the City Manager may be appealed to the Mayor and City Council under the provisions of Chapter 2.64. The decision of the Mayor and City Council shall be final.
(Ord. MC-1484, 4-18-18; Ord. MC-1138, 2-19-03; Ord. MC-219, 11-02-82)