A. Criteria For Suspension Or Revocation: Any license issued, pursuant to the provisions of this Chapter or any amendment thereof, for the conducting of business may be suspended or revoked for good cause by the City Council. Good cause for such suspension or revocation shall include, but is not limited to:
1. The existence of unsanitary conditions, noise, disturbances or other conditions at, near or in the premises which cause or tend to create a public nuisance or which injuriously affects the public health, safety, morals or welfare.
2. The commission of, or permitting or causing the commission of, any act in the operation of the business, which act is made unlawful or is prohibited by any ordinance, rule or law of the City, State or Federal government.
3. Fraudulent practices and misrepresentation in the operation of the business, or concealment or misrepresentation in procuring the license.
4. The business for which the license has been issued is unlawful or is prohibited by any ordinance, code, rule or law of the City, State or Federal government.
5. The license was issued by mistake or in violation of any of the provisions of this Chapter.
6. The premises used for the conduct of said business has been condemned, declared a fire hazard or declared unsafe for business occupancy under the provisions of this Chapter.
B. Procedure For Suspension Or Revocation: Any license issued pursuant to the provisions of this Chapter may be suspended, cancelled or revoked in the manner provided in this subsection.
1. The City Council may, on its own motion or initiative or upon complaint of any person, institute proceedings to suspend or revoke the license by mailing a complaint setting up the alleged reason for such proceeding to the licensee at the last address of such licensee as shown by his application or by a supplemental application filed pursuant to the provisions hereof.
2. The licensee shall, within five (5) days of the date of such mailing unless an extension of time be granted by the Council, file with the City Clerk written answer to such a complaint under oath.
3. The City Council shall fix a day and time for a hearing at which the licensee shall be given an opportunity to be heard.
4. If the licensee fails to file a written answer at the time required or if the licensee fails to appear at the place and time designated for the hearing, the City Council may order the license suspended or revoked.
5. The City Council shall within ten (10) days from the date of such hearing enter an order to suspend or revoke or to refuse to suspend or revoke said license.
6. An alternative to the procedure outlined in the foregoing subsections, the City Council may on its own initiative or upon the complaint of any person requiring the licensee to appear before the City Council and the time and place fixed by the City Council then and there to show cause, if any he may have, why his license should not be suspended or revoked. The hearing shall not be less than five (5) days from the date of service upon the licensee by mailing a copy of the order to him at his last known address or place of business or by making personal service upon him thereof. Failure by the licensee to appear at the time and place designated by the City Council hereof in and of itself constitutes sufficient grounds for the suspension or revocation of a licensee's license.
7. There shall be no reopening or review of the proceedings whatever before the City Council except when it shall subsequently appear to the satisfaction of the City Council that the licensee's failure to answer or appear was due to matters beyond his control and not to the negligence on the part of the licensee.
8. In all proceedings under this Chapter or any other provision of this Chapter, the City Council shall have the right to subpoena witnesses and documents and all witnesses thus subpoenaed shall attend at the time and place appointed therein, and failure to attend at the time and place appointed by the City Council as contempt thereof and a finding by the City Council to such effect shall be reported to the Chief of Police for immediate disposition thereon and shall constitute prima facie evidence of contempt in any trial of the offending witness in any court in the City. (Ord. 91-15, 6-4-1991)