5.100.120 Suspension or revocation of licenses—Notice—Hearing examiner—Appeal.
A. Prior to suspending or revoking any license issued under this chapter, the city clerk will send a notice of proposed license suspension or revocation (“notice”) to the licensee. The notice shall be given by delivering a copy to the licensee or by mailing a copy thereof to the licensee at the licensee’s last address as shown by the city clerk’s license records, which notice shall be delivered or mailed at least fifteen days before the date fixed for the hearing before the city’s hearing examiner, as set forth herein. It is the licensee’s duty to keep the address information on the application current. The notice will include the following:
1. Specific grounds upon which the city clerk intends to suspend or revoke the license;
2. The date upon which the license will be suspended or revoked;
3. A hearing date, prior to the suspension or revocation date, for the matter to be heard before the hearing examiner;
4. A statement that, in the event the licensee fails to attend the hearing, the city clerk will automatically suspend or revoke the license;
5. A statement that if, following the hearing, the hearing examiner recommends suspension or revocation of the license, the licensee has the right to appeal to the city council as set forth in this section;
6. A statement that suspension of the license will be for a specific period of time, while revocation of a license means that the license has been cancelled;
7. A statement that if the license is suspended or revoked, continued operation of the business is a criminal offense; and
8. A statement that multiple suspensions within one year or a revocation of the license within the preceding five years of application may result in denial of future applications for a license under this chapter.
B. The hearing examiner shall, within fifteen days after the conclusion of the hearing, issue written findings and a recommendation to the city clerk regarding suspension or revocation of the license. Such findings and recommendation of the hearing examiner shall be final and conclusive as of the date set forth in the decision. Hearing examiner shall take into account abatement attempts by licensee.
C. Appeal to City Council. Within fifteen days after the hearing examiner’s written findings and recommendation, the licensee may file an appeal with the city council. Said appeal shall be in writing and addressed to the city council, “ATTENTION: City Clerk.” Upon receipt of a duly filed appeal, the city clerk will schedule a hearing before the city council. Notice of the appeal hearing shall be given by delivering a copy of the notice to the licensee or by mailing a copy thereof to the licensee at the licensee’s last address as shown by the city clerk’s license records, which notice shall be mailed or delivered at least fifteen days before the date fixed for the hearing. It is the licensee’s duty to keep the address information on the application current. The appeal before the city council will be de novo. The city council shall, within thirty days after the conclusion of the appeal hearing, issue a written decision as to the suspension or revocation of such license or its retention. Such decision of the city council shall be final; if the city council decides that the license shall be suspended or revoked, the suspension or revocation shall be effective as of the date of city council’s decision unless otherwise ordered by a court of competent jurisdiction. Appeal of the city council’s decision to a court of competent jurisdiction must be instituted within fifteen days of final action of the city council.
D. Surrender of License. It is unlawful for any person whose license has been suspended or revoked to keep the license issued to him or her in his or her possession or under his or her control, and the same shall immediately be surrendered to the city clerk. When revoked, the license shall be cancelled, and when suspended the city clerk shall retain the same during the period of suspension. (Ord. 3901-22 § 2 (Exh. B § 4), 2022; Ord. 2835-05 § 10, 2005.)