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A. Grounds: The licensee shall operate the business in conformity with the ordinances of the City and all other applicable laws. The business license official may suspend or revoke any business or regulatory license issued pursuant to this title for a period of time not to exceed one year beginning fourteen (14) calendar days after serving, or causing to be served, a written finding of a violation or conviction of the licensee, operator, agent or any person to the licensee personally or by mailing a copy of the written finding to the licensee at his or her last known physical address. In addition to the other grounds of suspension or revocation of a license found in this title, the business license official shall base the written finding on any of the following violations which occurred in conjunction with the operation of a licensed business:
1. A violation of or a conviction for violating any ordinance regulating or governing the business under which the license was granted.
2. A violation of or conviction for violating any City ordinance or law of the State which affects the health, welfare or safety of its residents including, but not limited to, a public nuisance.
3. A violation of or conviction for violating an ordinance which resulted from the operation of the business.
4. Any material misrepresentation or fraud perpetrated on the City through application for, or operation of, the business.
5. Without limiting the generality of the foregoing, it is specifically provided that a license issued pursuant to this title may be revoked or suspended if the licensee violates, causes, or contributes to a violation of the City's zoning regulations applicable to the licensee's place of business.
1. Parties Entitled To Appeal: Any person adversely affected by a final decision of the business license official, may appeal the decision to the City Manager. The City Manager may designate the appeal to a designee. If the licensee is not the appellant, the licensee may choose to be a part of an appeal.
2. Time To File Appeal: The City Manager may only consider appeals properly filed pursuant to this section within ten (10) calendar days of the date the disputed final written decision was issued.
3. Application: Appellants shall file their appeals in writing by submitting an appeal application to the City Recorder. The City Manager may only consider an appeal if the appellant submitted a complete application within the time period provided in subsection B2 of this section. An appeal application is complete if it includes: a) payment of applicable fees, including those shown on the current year City fee schedule; and b) a written statement that concisely identifies the alleged error that is the grounds for appeal.
4. Notice Of Hearing: After receiving an appeal application from the City Recorder, the City Manager shall fix a reasonable time and place for hearing the appeal during a public meeting. Thereafter, the City Recorder shall publish an agenda at City Hall and on the City's website and give notice to the parties.
5. Response And Representation: Prior to the hearing, the appellee or co-appellee may submit to the City Recorder a response to the appeal application that the City Recorder shall give to a Hearing Officer and appellant. At the hearing, the parties may appear in person or by agent or attorney.
6. Hearing And Decision: The City Recorder shall keep minutes of the appeal hearing and documents. The City Manager shall file with the City Recorder a written decision on each appeal that reverses or affirms, in whole or in part, the decision being appealed. The City Recorder shall notify the parties of the City Manager's decision by mail within ten (10) days of the decision's effective date. If the City Manager institutes a sanction of suspension or revocation of a license, the sanction shall apply to the licensee, the licenses issued by the City and to the premises in question for the full term of the imposed sanction.
C. Subsequent License Application: It is unlawful for any person who has had a license suspended, revoked or denied to reapply for or obtain a license which has been suspended, revoked or denied during the time that the license has been revoked, suspended or denied, unless the contingent reason for the suspension, revocation, and/or denial has been fully corrected and the applicant is fully compliant with all City codes and regulations. (Ord. 2018-14, 7-17-2018)