(A) When the conduct or operation of any business, occupation, activity, or establishment, whether licensed or unlicensed, shall constitute a nuisance in fact and a clear and present danger to the public health, safety, or general welfare, or where the holder of any license shall have refused to allow an inspection of his or her premises, the City Manager shall be authorized to summarily order the cessation of business and the closing of the premises until the danger no longer exists.
(B) Within ten days after a license or permit is suspended, the City Council shall hold a hearing for the purpose of determining whether or not the license or permit should be revoked.
(C) (1) Licenses and permits issued by the municipality, unless otherwise provided, may be revoked by the City Manager after notice and hearing as provided in divisions (D) and (E) below for any of the following causes:
(a) Any fraud, misrepresentation, or false statement contained in the application for the license or permit;
(b) Any violation by the licensee or permittee of provisions of this code or other ordinances of the municipality relating to the license or permit, the subject matter of the license or permit or the premises occupied;
(c) Conviction of the licensee or permittee of any felony or of a misdemeanor where such conviction indicates their inability to operate a safe, honest, and legitimate business operation within the city;
(d) Failure of the licensee or permittee to pay any fine, penalty, or charge owed to the city; and
(e) Refusal to permit an inspection or sampling of any interference with a duly authorized municipal officer or employee while in the reasonable performance of his or her duties in making such inspections.
(2) Such revocation, if ordered, shall not preclude prosecution of any other penalties provided for the violation of other applicable provisions of this code or other ordinances of the municipality.
(D) Notice of the hearing for revocation of a license or permit shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be sent by certified mail (return receipt requested) to the licensee or permittee at his or her last known address, at least five days prior to the date set for the hearing. If the licensee shall request a continuance in the date of the hearing, the ten-day suspension shall be in effect until two days after the final hearing date.
(E) At the hearing, the City Attorney shall present the complaint and shall represent the municipality. The licensee or permittee shall be permitted counsel and shall have the right to submit evidence and cross-examine witnesses. The Mayor shall preside and City Council shall render the decision.
(F) A stenographic or electronically recorded record of the hearing shall be kept. The municipality shall pay the cost of attendance fees of the reporter and the cost of the transcript, if such transcript shall be ordered by the municipality. The licensee or permittee shall pay the cost of any transcript ordered by him or her.
(G) Within a reasonable time after the conclusion of the hearing, but not later than 30 days after such conclusion, the City Council shall file a written decision in which the evidence and the reasons for the decision have been summarized.
(Prior Code, § 113.17) (Ord. 82-24, passed 7-6-1982)