A. Causes: Any license issued pursuant to the provisions of this chapter, or any amendment thereof, for the conducting of business, may be suspended, canceled or revoked for good cause by the city council. Good cause for such suspension, cancellation or revocation shall include, but is not limited to, the following:
1. Nuisance: 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 or welfare.
2. Unlawful Acts: 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; or
3. Fraudulent Practices And Misrepresentations: Fraudulent practices and misrepresentation in the operation of the business, or concealment or misrepresentation in procuring the license.
B. Procedure: Any license issued pursuant to the provisions of this chapter may be suspended, canceled or revoked in the following manner:
1. Complaint: The council may, on its own motion or initiative, or upon complaint of any person, institute proceedings to suspend, cancel or revoke a 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 supplemental application filed pursuant to the provisions of this chapter.
2. Written Answer: 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 a written answer to such complaint, under oath.
3. Hearing Scheduled: The council shall fix a day and time for a hearing at which the licensee will be given an opportunity to be heard.
4. Failure To Answer Or Appear: If the licensee fails to file a written answer within the time required, or if the licensee fails to appear at the place and time designated for the hearing, the council may order the license suspended, canceled or revoked.
5. Council Action: The council shall, within ten (10) days from the date of such hearing, enter its order to suspend, cancel or revoke, or to refuse to suspend, cancel or revoke said license.
C. Alternative Procedure: As an alternative to the procedure outlined in the foregoing subsections, the council may, on its own initiative or upon the complaint of any person, require the licensee to appear before the council at a time and place fixed by the council, then and there to show cause, if any he may have, why his license should not be suspended, canceled or revoked. The hearing shall not be less than five (5) days from the date of service upon the licensee of the order 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. The failure by the licensee to appear at the time and place designated by the council shall, in and of itself, constitute sufficient grounds for suspension, cancellation or revocation of the licensee's license.
D. Reopening Or Review Of Proceedings: There shall be no reopening or review of the proceedings whatever before the council except when it subsequently appears to the satisfaction of the council that the licensee's failure to answer or appear was due to matters beyond his control, and not through negligence on the part of the licensee. (Ord. 07-02, 2-26-2007)