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A. Power To Suspend Or Revoke: The city council may, upon its own motion, and shall upon a written verified complaint of any other person, investigate the action and operation of any licensee hereunder, and shall have the power to temporarily suspend and/or permanently revoke a license issued under this chapter for violation of any provision of this chapter. (1975 Code § 5.08.120)
1. Issuance: Upon the filing with the council of a verified complaint charging the licensee with the commission of any act which would be cause for the suspension or revocation of a license, within one year of the date of filing said complaint, the city council shall forthwith issue a citation directing the licensee to appear before the city council within ten (10) days after the date of the service of said citation and by filing his verified answer to the complaint, show cause, if any, why his license should not be suspended or revoked. (1975 Code § 5.08.120)
2. Service: Service of the citation may be effected by mailing a true copy thereof, with a true copy of the complaint, by registered mail addressed to the licensee at his last address of record, or by a law enforcement officer personally delivering to the licensee the above referred to documents.
3. Failure To Answer: Failure of the licensee to answer shall be deemed an admission by him of the truthfulness of the charge made and thereupon the city council shall be authorized to forthwith suspend or revoke the license.
1. Required: Upon the filing of the answer, the city council shall fix the time and place of the hearing on the charges made, which hearing shall be in the council chamber of the city hall, and not less than five (5) days' notice of such hearing shall be given to the complainant and licensee.
2. Notice Of Hearing: The notice of hearing shall be given in the same manner as is the option herein provided for. With the notice of the hearing to the complainant, there shall be attached a true copy of the answer of the licensee. If either party has appeared by counsel, the notice shall be given in like manner to the counsel of said party.
3. Evidence At Hearing: Upon the hearing, the council shall hear the evidence presented, which may be in the form of oral testimony or affidavits, or both.
4. Council Decision: After the hearing has been concluded, the council shall, within ten (10) days, render its decision in writing, stating the reasons therefor. Notice of the decision, with a copy thereof, shall be served upon the parties, or their counsel, in the manner herein provided as to other notices. When the council shall have revoked or cancelled a license previously issued by it, the council shall notify the licensee, in writing, by registered mail, to the address of such licensee, of its action, giving reasons thereof. (1975 Code § 5.08.120)
5. Appeal To District Court: Should the action of the council be arbitrary or capricious, anyone aggrieved thereby shall, by mandamus or other appropriate proceedings, be entitled to have the action of the council reviewed by the district court of the state of Montana, in and for the county of Toole. (1975 Code § 5.08.120; amd. 2008 Code)
D. Renewal: After suspension or revocation of a license, the city council shall have the power to renew the same if, in its discretion, a proper showing therefor has been made. (1975 Code § 5.08.120)