§ 10-69. Revocation and appeal.

(a)

The chief of police shall be authorized to suspend or revoke a license previously granted in this article. If the chief of police seeks to suspend or revoke a license, the chief of police shall give written notification to the licensee of such action and such notice shall contain a specification of the violation or violations and shall be served upon the licensee at least five days prior to the notice of the hearing. The licensee shall be given written notice of the time and place of the hearing.

(b)

The chief of police shall be authorized to suspend or revoke a license in the event of any one or more of the following:

(1)

A licensee gave false or misleading information in the original application process;

(2)

A licensee has knowingly allowed possession, use or sale of controlled substances on the premises and/or knowingly allowed possession, use or sale of controlled substances to a minor on the premises;

(3)

A licensee has knowingly allowed the violation of an ordinance of the city or a violation of any criminal law of the state to occur on the premises;

(4)

A licensee has violated any provision of this article;

(5)

A licensee has been convicted of any drug-related, alcohol-related or sex-related crime by the state or the city regarding an offense which was committed on the premises or which would otherwise violate the provisions of this article; and

(6)

A licensee fails to pay any fee, license fee, fine or other amount of money due to the city under this article or any other licensing ordinance of the city.

(c)

If the chief of police shall suspend or revoke any license under this article, the suspension or revocation shall be for a period of not less than one day nor more than 365 days, within the discretion of the chief of police; however, the licensee shall be authorized to continue its business operations until the date of the hearing scheduled in accordance with subsection (d) of this section. No licensee or any other applicant may apply for a license during any period of suspension or revocation. In any hearing conducted by the chief of police, the chief shall consider, among other things, the severity of the allegations, the evidence submitted and the testimony presented, in making any decision on suspension, revocation and the duration of either.

(d)

In the event of a suspension or revocation by the chief of police, the licensee may appeal the decision of the chief of police to the mayor and city council for the city by filing a written notice of appeal within ten days from the date of the decision of the chief of police. Thereafter, a hearing shall be scheduled before the mayor and council for the city within 45 days after the date of the notice of appeal by the applicant. After hearing by the mayor and city council, the city council may take such action as it deems appropriate, including the upholding of the action of the chief of police or the imposition of such action as the mayor and city council may deem appropriate under the facts. The decision of the mayor and city council shall be final. Appeals from the decision of the mayor and city council shall be to the superior court of the county filed within 30 days of the final action of the mayor and city council. If the licensee does not file an appeal from any decision of the chief of police, as provided herein, the decision of the chief of police shall be final.

(Ord. of 1-11-2016)