4-9
SUSPENSION AND REVOCATION OF LICENSES AND PERMITS GENERALLY:

4-9.1 Suspension Of Licenses And Special Permits By The City Manager; Grounds:

Any special permit or license issued under this chapter, except a home occupation permit, may be suspended at any time by the city manager, after public hearing, due notice of which shall be furnished the licensee, if the city manager shall find, upon evidence heard, that:

a. Any facts exist upon which a denial of the special permit or license would be authorized.

b. The licensee, or any agent or employee of the licensee, has violated or has been convicted of violating any of the terms of this chapter, of any regulation imposed pursuant thereto, or of any law, statute, provisions of this code or other ordinance, rule, order or regulation of the city, of the state or of the United States, now or hereafter in force regulating the occupation or other activity for which the special permit or license has been issued.

c. The licensee or permittee obtained the license or permit by fraudulent misrepresentations.

d. If the license authorizes engaging in the business of repairing any property such as radios, television or vehicles, the licensee or any agent or employee of the licensee has stolen or been convicted of the theft of such property or any part thereof or has been convicted of receiving such stolen property in violation of section 496 of the state Penal Code. (Code 1972 §17-109)

4-9.2 Duration Of Suspension By The City Manager:

A suspension of a special permit or license by the city manager under this section shall continue in force only until the second regular meeting of the city council following the date of the suspension of the special permit or license by the city manager, unless the suspension is removed by the city manager prior to that meeting of the city council, at which meeting, the city council shall hold a public hearing to determine whether or not the special permit or license shall continue to be suspended and, if to be continued, for what additional period of time. (Code 1972 §17-110)

4-9.3 Notice And Report Of Suspension By The City Manager:

The city manager, upon suspending a special permit or a license pursuant to this section shall forthwith notify the city clerk and, within five (5) days following the suspension, shall file in the office of the city clerk a detailed written report setting forth all of the facts leading to the suspension and the reasons therefor. (Code 1972 §17-111)

4-9.4 Hearing On Suspension By The City Manager:

a. Upon the filing of a report of the suspension of a special permit or a license pursuant to this section, the city clerk shall set the matter for a public hearing by the city council at the second regular meeting of the city council following the date of the suspension, and shall give the licensee or permittee written notice by registered or certified mail, not less than ten (10) days before the meeting.

b. In considering the matter before it, the city council shall be guided by subsections 4-9.1a through d of this section. The decision of the city council shall be made and filed with the city clerk within five (5) days after the hearing and, if the decision is not made at the conclusion of the hearing, the suspension shall remain in effect pending the making and filing of the decision.

c. No suspension shall exceed a period of sixty (60) days from the date of the suspension.

d. If the city council shall fail to make and file its decision within the five (5) day period, the suspension shall be deemed lifted.

e. The decision of the city council pursuant to this subsection shall be final. (Code 1972 §17-112)

4-9.5 Suspension Or Revocation Of A License Or A Special Permit By The City Council:

Irrespective of subsection 4-9.1 of this section, any license or special permit issued under the provisions of this chapter, except a home occupation permit, may be suspended or revoked by the city council acting as follows:

a. An accusation or complaint may be filed in writing by the city manager or by any interested person against any special permittee or licensee alleging that the license or special permittee is not in compliance with, is in violation of, or comes within the category of subsection 4-9.1 of this section.

b. The city clerk shall include the accusation or complaint on the agenda of the next regular meeting of the city council; however, any accusation or complaint filed in the office of the city clerk within forty eight (48) hours of the time scheduled for the next regular meeting of the city council shall not be considered until the following regular meeting of the city council.

c. The city clerk shall give notice of the time and place of the city council hearing by registered or certified mail addressed to the last address appearing on the rolls of the license collector for the licensee or permittee or, if the license collector has knowledge of a better or more recent address, then to that address.

d. The city council shall, at the meeting wherein the complaint or accusation is upon the agenda of the meeting, set the complaint or accusation for a public hearing, which hearing shall be not less than ten (10) days nor more than twenty (20) days from the date of the setting thereof.

e. The accusation or complaint referred to in subsection 4-9.5a of this section shall be made on forms provided by the city clerk and the information contained in the forms shall be in compliance with subsections 4-9.1a through d of this section, the city clerk shall not file an accusation or complaint, the allegations of which do not come within the frame of reference of subsections 4-9.1a through d of this section.

f. The city clerk shall mail to the permittee or licensee with the notice of the public hearing, a copy of the accusation or complaint.

g. In making its decision as to whether the permit or license shall or shall not be suspended or revoked, the city council shall be guided in its deliberations by subsections 4-9.1a through d of this section.

h. No permit or license shall be suspended for a period in excess of sixty (60) days. (Code 1972 §17-113)

4-9.6 Suspension Or Revocation Of A Home Occupation Permit:

A home occupation permit shall be suspended or revoked in the manner prescribed in section 25-95-7 of this code. (Code 1972 §17-114)