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The Chief of Police shall report to the City Manager all convictions for violations of this chapter, and the City Manager shall maintain a record for each license issued and record the reports of violation thereon.
(Ord. 14-01. Passed 1-21-14; Ord. 14-13. Passed 4-21-14.)
(a) Permits and licenses issued under this chapter may be revoked by the City Manager after notice and hearing for any of the following causes:
(1) Fraud, misrepresentation or false statement contained in the application;
(2) Fraud, misrepresentation or false statement made in the course of carrying on of the licensed or permitted business;
(3) Any violation of this chapter;
(4) Conviction of a specified criminal act by a licensee or person working under a permit. It shall be the duty of a permit holder to make sure no persons peddling or soliciting under such permit has been convicted of a specified criminal act as described in Section 852.06(b)(3); or
(5) Conducting the licensed or permitted business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
(b) Notice of the hearing for revocation of a license or permit shall be given in writing, setting forth specifically the grounds of complaint and the time and notice of hearing. Such notice shall be personally delivered to the licensee/permittee or mailed, postage prepaid, to the licensee/permittee at the address given on the application at least five days prior to the date set for hearing. The hearing regarding revocation shall be at the City Office and determined by the City Manager. The decision of the City Manger on revocation shall be made provided to the licensee/permittee within ten days of the hearing and may be appealed to the License Appeal Board as provided in this chapter.
(Ord. 14-01. Passed 1-21-14; Ord. 14-13. Passed 4-21-14.)
There is hereby created a License Appeal Board, consisting of the Finance Director, the City Attorney and a third member, a City resident, to be selected by the Finance Director and City Attorney. Any person aggrieved by denial of a permit or license or revocation of same, shall have a right of appeal to the License Appeal Board. Such appeal shall be taken by filing with the City Manager's office within 14 days after notice of the action complained of, by a written statement setting forth fully the grounds for the appeal. A response requesting an appeal hearing shall be deemed to have been received when delivered to City Hall during regular business hours. If no response requesting an appeal hearing is received by the City within said 14 days, the action shall become final. The License Appeal Board shall promptly set a time and place for a hearing and such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section 852.13 for notice of hearing on revocation. The decision and order of the Board on such appeal shall be final and conclusive. At any such appeal hearing, the aggrieved party shall have the opportunity to present evidence and witnesses on his or her behalf; may appear and be heard in person, or by his or her attorney, in opposition to the decision and do any of the following: (i) present his or her positions, arguments and contentions; (ii) offer and examine witnesses and present evidence in support; (iii) cross-examine witnesses purporting to refute respondent's position, arguments and contentions; and (iv) offer evidence to refute evidence and testimony offered in opposition to his or her position, arguments and contentions. Decisions of the Licensing Appeal Board shall be made and sent to the aggrieved party not later than 48 hours after the hearing.
(Ord. 14-01. Passed 1-21-14; Ord. 14-13. Passed 4-21-14.)
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