(a) If an applicant or licensee fails to comply with this chapter, if a licensee no longer meets the eligibility requirements for a license under this chapter, or if an applicant or licensee fails to provide information the City requests to assist in any investigation or inquiry, or if the applicant owes any amounts toward outstanding tax bills, water bills, or any special assessment or has outstanding zoning, building or ordinance violations, the City may deny, suspend, or revoke a license.
(b) The City Manager, or his or her designee, may suspend a license without notice or hearing, subject to the appeal provisions of division (d), upon a determination that false information was provided on the application, the safety or health of patrons, employees, or the public is jeopardized by continuing the facility’s operation, or for a failure to comply with city ordinances or MMFLA or MRTMA. The suspension may remain in effect until the City Manager, or his or her designee, determines that the cause for suspension has been abated. The City Manager, or his or her designee, may revoke the license upon a determination that the licensee has not made satisfactory progress toward abating the hazard.
(c) A license will automatically be revoked upon revocation or denial of a State operating license under the MMFLA or MRTMA.
(d) Any party aggrieved by an action of the City Manager or his or her designee suspending or revoking a license shall be given a hearing before the City Council upon request. A request for a hearing must be received by the City Clerk’s office, in writing, within 21 days after the date of mailing of the action by the City Manager or his or her designee.
(e) The City Council may conduct investigative and contested case hearings, issue subpoenas for the attendance of witnesses, issue subpoenas duces tecum for the production of books, ledgers, records, memoranda, electronically retrievable data, and other pertinent documents, and administer oaths and affirmations to witnesses as appropriate to exercise and discharge the powers and duties of the City Council under this chapter.
(f) In addition to the sanctions outlined in this section, any person who violates any provision of this chapter shall be responsible for a civil infraction and subject to the payment of a civil fine of five hundred dollars ($500.00), in addition to costs incurred for each offense. A separate offense shall be deemed committed each day or on which a violation or noncompliance occurs or continues, unless otherwise provided.
(g) A violation of this chapter is deemed to be a nuisance per se. In addition to any other remedy available at law, the City of Wayne may bring an action for in injunction or other process against a person to restrain, prevent, or abate any violation of this chapter.
(Ord. 2018-03. Passed 4-17-18; Ord. 2019-06. Passed 6-27-19; Ord. 2020-04. Passed 7-21-20; Ord. 2020-05. Passed 10-20-20.)