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(1) The following persons are authorized to conduct inspections in the manner prescribed herein.
(a) The License Officer shall make all investigations reasonably necessary to the enforcement of this chapter.
(b) The License Officer shall have the authority to order the inspection of licensee, their businesses and premises, by all city officials having duties to perform with reference to the licenses or businesses.
(c) All police officers shall inspect and examine businesses located within their respective jurisdictions or beats to enforce compliance with this chapter.
(2) All persons authorized herein to inspect licensees and businesses shall have the authority to enter, with or without search warrants, at all reasonable times, the public portion of the following premises:
(a) Those for which a license is required;
(b) Those for which a license was issued and which, at the time of inspection, are operating under the license; and
(c) Those for which the license has been revoked or is suspended.
(3) Persons inspecting licensees, their businesses or premises, as herein authorized, shall report all violations of this chapter or of any other laws or ordinances to the License Officer and shall submit such other reports as the License Officer shall order.
(B) Provisional order. When an inspector has reported the violation of this chapter or of any law or ordinance, the License Officer shall issue to the affected person a provisional order to comply.
(1) The provisional order and all other notices issued in compliance with this chapter shall be in writing, shall be personally served, if practicable, and shall apprise the person affected of his or her specific violations. In the absence of the person affected or his or her agent or employee, a copy of the notice shall be affixed to some structure on the premises. Depositing the notice in the United States mail shall constitute service thereof, addressed to the last known address of the party unavailable for personal service.
(2) The provisional order shall require compliance within 30 days of service on the affected person.
(3) (a) Upon written application by the person affected, before the expiration of the 30-day period for compliance, the License Officer shall order a hearing.
(b) Notice of the hearing shall be given to the affected person in the manner prescribed herein.
(C) Modifying authority of License Officer. Upon written application, or on his or her own motion, the License Officer shall have the authority, in a proper case, to extend the time for compliance, to grant a new hearing date and to change, modify or rescind any provisional recommendation or order, prior to its becoming final.
(D) Final order. Upon the failure or refusal of the violator to comply with the provisional order or with any order made after hearing, the License Officer shall then declare and make the provisional order final.
(1) The License Officer shall have the authority to suspend or revoke licenses upon making and declaring a provisional order final.
(2) Upon revocation or suspension, no refund of any portion of the license fee shall be made to the licensee and he or she shall immediately cease all business at all places under the license in the city.
(E) Summary action.
(1) When the conduct of any licensee, agent or employee is so inimical to the public health, safety and the general welfare as to constitute a nuisance and thus give rise to an emergency, the License Officer shall have the authority to summarily order the cessation of business and the close of premises or to suspend or revoke the license.
(2) Unless waived in writing, within five days after he or she has acted summarily, the License Officer shall conduct a special hearing for the action in respect to the summary order as may be therein determined. Notice of the hearing shall be given to the affected person in the manner prescribed herein.
(F) Right of appeal. Any person so aggrieved by any decision of the License Officer, after hearing, shall have the right to appeal to the city’s Board of Aldermen by filing a written appeal with the city’s Board of Aldermen’s presiding officer and a copy thereof with the Licensing Officer within ten days following the effective date of the action or decision complained of.
(1) The appeal shall set out generally the order or decision appealed from and shall include a statement of the facts and/or law relied upon to avoid the order.
(2) At the time of filing any appeal, a copy thereof shall be filed by the applicant with the License Officer as provided aforesaid.
(3) The Board of Aldermen shall fix a time and place for hearing the appeal and shall serve a written notice, as provided herein, upon the appellant informing him or her thereof. The Board of Aldermen shall also give the notice to the License Officer and the officer shall be entitled to appear and defend the order.
(4) The findings of the Board of Aldermen shall be final and conclusive and shall be personally served upon the appellant, as required herein.
(G) Liability of violator.
(1) The amount of any unpaid fee, the payment of which is required hereunder, shall constitute debt due the city.
(2) The City Attorney shall, at the direction of the License Officer, institute civil suit in the name of the city, to recover any unpaid fee.
(3) No civil judgment or any act by the City Attorney, the License Officer or the violator shall bar or prevent a criminal prosecution for each and every violation of this chapter when otherwise permitted by law.
(2003 Code, § 110.12) (Ord. passed 8-13-1957; Ord. passed - -)