731.12 EMERGENCY TEMPORARY SUSPENSION BY THE POLICE OR FIRE DEPARTMENT.

     The Chief of Police or the Fire Chief or their designee shall have the full and absolute right to temporarily suspend a nightclub permit if it is determined that the activities at the specified premises are detrimental to the public health, safety and welfare.

      (a)    The facility shall be vacated and closed effective immediately upon verbal notification to the permittee, and/or a manager, agent, representative, or employee of a permittee, by the Chief of Police or Fire Chief or their designee.

      (b)    The nightclub may reopen thereafter, provided that the situation giving rise to the emergency temporary suspension of the permit has been addressed effectively as determined by the Police and Fire Department.

      (c)    The Police and Fire Department shall, within seventy-two (72) hours, submit a document outlining the basis for the decision to suspend the permit(s) to the Safety Service Director and City Council. Upon written request from the nightclub, City Council shall schedule a public hearing to be held within thirty (30) days of the appeal request. At the conclusion of the hearing, City Council may:

            (1)    Continue the permit;

            (2)    Temporarily suspend the permit; or

            (3)    Permanently revoke the permit.

                 (Ord. 2022-47. Passed 10-11-22.)