(A) The City Manager shall have the authority and power to initiate a proceeding to revoke or suspend a SOBP if there is probable cause to believe that one or more of the following events or conditions has occurred:
(1) The owner or enterprise operator negligently allowed a person under 18 years of age to remain on the premises of the enterprise during the hours of operation;
(2) Three or more violations of any of the offenses contained in § 110.27(E)(1)(d) have occurred on the premises of a Class I enterprise within a period of eight months and the owner or enterprise operator failed to make a reasonable effort to prevent the occurrence of the violations;
(3) The enterprise owner or enterprise operator negligently failed to comply with a duty specifically imposed by these regulations;
(4) The applicant provided materially false, fraudulent, or untruthful information on the original or renewal application form;
(5) The enterprise has been closed for business for a period of 30 consecutive days unless the closure is due to circumstances beyond the control of the owner and the owner is proceeding with due diligence to reopen the establishment;
(6) The SOBP should not have been issued pursuant to these regulations; or
(7) The enterprise or enterprise owner is convicted of a criminal offense contained in § 110.27(E)(1)(d).
(B) If probable cause is found to believe any of the stated events or conditions occurred, the City Manager shall forward to the SOBP holder, or its designated agent, a written notice of revocation. The notice shall set out the reasons for the action. Subject to a request for hearing pursuant to this section, the revocation shall become final on the eleventh day after delivery of the notice.
(C) The enterprise or its designated agent shall have the opportunity to appear before a hearing examiner appointed as provided by this chapter upon written request submitted to the City Manager within ten business days of delivery of the notice of revocation. The hearing examiner shall not have participated in any investigation of the alleged grounds for the revocation. The hearing shall be held within 14 days of the request for hearing and the enterprise and the City Manager shall be provided an opportunity to present evidence, cross-examine witnesses, and be represented by legal counsel. The rules of civil evidence for a nonjury trial shall apply.
(D) Upon finding that the facts presented at the hearing support a finding that grounds exist for revoking or suspending the SOBP, the hearing examiner may request that the parties present relevant evidence to show whether suspension or revocation of the SOBP is more appropriate. The hearing examiner may also request that evidence be presented for the purpose of identifying appropriate conditions to be attached to a Class II SOBP if the SOBP is suspended. Reasonable conditions may be attached to a Class II SOBP by the hearing examiner based on the evidence presented at the hearing.
(E) If the hearing examiner determines that a SOBP should be revoked, the hearing examiner shall issue a written order revoking the SOBP, effective when notice is provided to the enterprise pursuant to these regulations.
(F) If the hearing examiner determines, based upon the nature of the violations, that a suspension in lieu of revocation is appropriate, the SOBP may be suspended for a period of time not to exceed two months. The hearing examiner shall issue a written order suspending the SOBP and attaching conditions, if applicable, effective upon notice to the enterprise pursuant to these regulations.
(G) Upon the finding that divisions (A)(4), (A)(5), (A)(6), or (A)(7) above has been violated, revocation of the SOBP shall be mandatory.
(H) Revocation shall be subject to the hearing provisions of this section, except revocation shall take immediate effect upon notice by the City Manager, subject to reinstatement resulting from an appeal, when:
(1) There is a necessity for immediate action to protect the public from injury or imminent danger; or
(2) A SOBP was issued based on a material misrepresentation in the application and, but for the material misrepresentation, the SOBP would not have been issued. This revocation shall be appealed as though the SOBP had been denied using the procedure set out in § 110.02.
(Ord. 02-0521, passed 5-21-2002)