§ 8.08.130. License renewal—Conditions; suspensions and revocations.  


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  • A.

    Any license issued pursuant to this chapter shall be renewed on May 1 of each year upon payment of the established license fee and compliance with all requirements of Section 8.08.050.

    B.

    The mayor may suspend or revoke any license issued under this chapter for any of the following reasons:

    1.

    A violation of any of the provisions of this chapter, or of any state statute or ordinance of the city;

    2.

    The willful making of any false statement as to a material fact in the application for a license or its renewal;

    3.

    The failure to pay any fines or costs imposed pursuant to this chapter within twenty-one days of the notice of the imposition of such fines or costs; and

    4.

    The failure to maintain the requirements of Section 8.08.050.

    C.

    No license issued under this chapter shall be revoked or suspended except after a public hearing held by the mayor. The licensee shall be given a three-day written notice of such hearing affording the licensee an opportunity to appear and defend. The mayor shall maintain an accurate record of the proceedings.

    If the mayor has reason to believe that the continued operation by a licensee will immediately threaten the welfare of the community, the mayor may, upon the issuance of a written order stating the reason for the conclusion and without notice or hearing, suspend the license and order the licensee to cease its operation for not more than seven days. The licensee shall be given an opportunity to be heard within such seven-day period. The seven-day period shall begin on the date of the suspension.

    D.

    After a hearing conducted pursuant to this chapter, the mayor shall make a final determination concerning the license at issue. Upon making such determination, the mayor shall prepare a written order stating the reason or reasons for the determination, the period of suspension or that the license has been revoked. The mayor shall serve a copy of the written order upon the licensee.

    E.

    Any order or action of the mayor may, within twenty days after notice of such order or action, be appealed to the city council. All such appeals to the city council shall be limited to a review of the official record of the formal proceedings before the mayor. If an appeal is sought by a licensee, all costs of preparing and transcribing the official record on appeal shall be borne by the licensee.

    F.

    Upon the decision of the mayor being upheld on appeal or upon the failure of the licensee to appeal within the appeal period, the licensee shall be responsible for the payment of all costs borne by the city in relation to bringing the hearing, including but not limited to court reporter costs and fees, attorney's fees, and witness and mileage fees.

(Ord. No. 875, § 1, 6-21-10)