Sec. 5-64. License administration and enforcement.
A. The City Manager has the authority to determine the licensee’s compliance with the terms and provisions of the license, and exercise any or all of the remedies for noncompliance.
B. The licensee may request an administrative hearing on an initial decision of the City Manager on matters of license administration delegated to the City Manager, if the licensee requests in writing such a hearing within ten days of the City Manager’s notification to the licensee of the noncompliance. However, the licensee will have 30 days following written notice to the licensee by the City pursuant to Section 5-20(C) of any additional amount of license fee due the City as a result of an audit to protest and request an administrative hearing pursuant to the provisions set forth in Section 5-64.1, which subsection is the exclusive procedure to protest an audited additional license fee amount.
C. Within 15 days of receipt of the request from the licensee submitted pursuant to subsection B of this section, the City Manager will schedule a public administrative hearing. The licensee may present evidence and cross examine witnesses. Within 15 days after the conclusion of the hearing, the City Manager must issue a determination. In that determination the City Manager may find:
1. That the licensee is not in violation of the terms of the license;
2. That the licensee is in violation, but that such violation was with just cause, and waive any liquidated damages that might otherwise be imposed;
3. That the licensee is in violation of the terms of the license, take corrective action and foreclose on all or any appropriate part of the security deposit provided pursuant to Section 5-31;
4. That the licensee is in violation of the terms of the license and impose liquidated damages;
5. In case of a material violation of the license within the meaning of Section 5-61, that the licensee is in material violation and revoke, alter or suspend the license;
6. That the licensee is in violation of the system construction and shorten the term pursuant to Section 5-62.
D. If the City Manager determines that the licensee has committed a violation, the determination must be accompanied by a detailed statement of reasons for the determination, including findings of fact.
E. The decision of the City Manager becomes final unless the licensee requests a public hearing before the City Council within 15 days of its receipt of the statement of reasons and findings of fact by the City Manager. (Ord. No. G-6034, 2015)