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2005/05/11 Council Agenda Packet
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2005/05/11 Council Agenda Packet
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Council Agenda Packet
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5/11/2005
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9 <br /> as set forth herein. It is the licensee's duty to keep the address information on the <br /> application current. The Notice will include the following: <br /> 1. Specific grounds upon which the city clerk intends to suspend or revoke the <br /> license; <br /> 2. The date upon which the license will be suspended or revoked; <br /> 3. A hearing date,prior to the suspension or revocation date, for the matter to be <br /> heard before the hearing examiner; <br /> 4. A statement that in the event the licensee fails to attend the hearing, the city <br /> clerk will automatically suspend or revoke the license; <br /> 5. A statement that if, following the hearing, the hearing examiner recommends <br /> suspension or revocation of the license, the licensee has the right to appeal to <br /> the city council as set forth in this section; <br /> 6. A statement that suspension of the license will be for a specific period of time, <br /> while revocation of a license means that the license has been cancelled; <br /> 7. A statement that if the liense is suspended or revoked, continued operation of <br /> the business is a criminal offense; and <br /> 8. A statement that multiple suspensions within one year or a revocation of the <br /> license within the preceding five years of application may result in denial of <br /> future applications for a license under this chapter. <br /> B. The hearing examiner shall,within fifteen days after the conclusion of the hearing, <br /> issue written findings and a recommendation to the city clerk regarding suspension or <br /> revocation of the license. Such findings and recommendation of the hearing examiner <br /> shall be final and conclusive as of the date set forth in the decision. Hearing examiner <br /> shall take into account abatement attempts by Licensee. <br /> C. Appeal to City Council. Within fifteen days after the hearing examiner's written <br /> findings and recommendation, the licensee may file an appeal with the city council. Said <br /> appeal shall be in writing and addressed to the city council, "ATTENTION: City Clerk." <br /> Upon receipt of a duly filed appeal, the city clerk will schedule a hearing before the city <br /> council. Notice of the appeal hearing shall be given by delivering a copy of the notice to <br /> the licensee or by mailing a copy thereof to the licensee at his last address as shown by <br /> the city clerk's license records,which notice shall be mailed or delivered at least fifteen <br /> days before the date fixed for the hearing. It is the licensee's duty to keep the address <br /> information on the application current. The appeal before the city council will be de <br /> novo. The city council shall,within thirty days after the conclusion of the appeal hearing, <br /> issue a written decision as to the suspension or revocation of such license or its retention. <br /> Such decision of the city council shall be final; if the city council decides that the license <br /> shall be suspended or revoked, the suspension or revocation shall be effective as of the <br /> date of city council's decision unless otherwise ordered by a court of competent <br /> jurisdiction. Appeal of the city council's decision to a court of competent jurisdiction <br /> must be instituted within fifteen days of final action of the city council. <br /> D. Surrender of License. It is unlawful for any person whose license has been suspended <br /> or revoked, to keep the license issued to him in his possession or under his control, and <br /> the same shall immediately be surrendered to the city clerk. When revoked, the license <br /> shall be cancelled, and when suspended the city clerk shall retain the same during the <br /> period of suspension. <br /> 7 <br />
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