A. Permits and licenses issued under the provisions of this chapter may be revoked or suspended by the Mayor of the City for cause after notice and hearing as hereinafter provided.
B. Notice of the hearing for revocation or suspension of a business license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of hearing.
No license shall be revoked or suspended, until written notice of violation has been provided by the City. The notice shall set forth the allegations of why the license should be revoked or suspended. Said notice shall be served upon a license holder by delivering the same personally or by delivery to the place of business or residence of the license holder. All license holders shall notify the City within twenty four (24) hours of any change of address. If the service of such notice cannot be made in the manner provided herein, a copy of such notice shall be sent certified mail return receipt requested, postage prepaid, to the last known address of the license holder contained in the City's files.
No license issued under this chapter shall be suspended or revoked except after a hearing before the Mayor that would be open for the public to attend and observe with a minimum seven-day written notice to the licensee affording the licensee an opportunity to appear and defend against the charges contained in such notice. The seven-day notice provision shall begin the day following deposit of the certified mail with the United States Post Office or by personal service.
The licensee shall have the right to legal counsel, to present evidence and to cross-examine witnesses. Any licensee, determined by the Mayor after the hearing to have committed one or more violations of subsection C of this section, shall be immediately subject to suspension or revocation of its business license.
Judicial review, in the manner provided by law, shall apply to all orders of the City which revoke or suspend any license, as provided for in this chapter.
C. A business license may be revoked or suspended after a hearing before the Mayor that would be open for the public to attend and observe if it is found that:
1. The licensee has violated any provisions of this chapter.
2. The licensee has violated any terms or provisions of this title which serve to regulate operation of the particular type of business engaged in by the licensee.
3. Any employee of the licensee has engaged in any conduct at the licensee's premises which violates any terms or provision of this title which serve to regulate operation of the particular type of business engaged in by the licensee and which the licensee knew, or by due diligence should have known of.
4. Fraud, misrepresentation, or false statement made in the course of carrying on the business.
5. Conviction of the licensee, operator or manager of any crime, felony or misdemeanor committed on the business premises, including, but not limited to, pornography, prostitution, gambling, illegal possession or distribution of drugs or cannabis, bribery of a governmental official, etc.
6. Conviction of any customer of any crime, felony or misdemeanor committed on the business premises with the sufferance of permission of the licensee, operator or manager, including, but not limited to, pornography, prostitution, gambling, illegal possession or distribution of drugs or cannabis, bribery of a governmental official, etc.
7. Any applicant for a business license has made a false statement on the application.
8. A licensee has refused to allow any duly authorized police officer or other City enforcement officer to inspect the business premises.
9. A licensee has failed to correct City identified violations of Building, Health, or Fire Codes on the business premises in a timely manner.
10. The license holder has committed an act(s) of fraud or deceit in the application for license, or renewal thereof.
11. The license holder has committed an act of fraudulent, false, misleading or deceptive advertising, or other acts of fraud while operating the business.
12. A license holder is delinquent in payment to the City for ad valorem taxes and other taxes related to the business.
13. No licensed business or establishment shall be so conducted or operated by the licensee as to constitute a breach of the peace or nuisance in fact; and no building, vehicle, structure, yard, lot, premises, or part thereof, shall be used, kept, maintained, or operated in connection with any business or establishment so as to occasion any nuisance, or so as to be dangerous to life or detrimental to health. (Ord. O2017-48, 8-7-2017)