2012/08/15 Council Agenda Packet

7-hapter 5,100 OVERNIGHT LODGING Page 4 of 1 misdemeanor and the crime which he or she was convicted directly relates to the position of felony or and ui�. for employment or to the specific occupation, trade, vocation, or business for which the license was issued and the time elapsed since the conviction is less than ten years; 4. The licensee, after being notified that one of his or her servants, agents or employees has been convicted of any criminal offense referenced under subsection (A)(3) of this section, continues to employ the person with the conviction; or 5. The licensee has materially falsified any record, document or information required to be kept or submitted to the city by this chapter. (Ord. 2835-05 § 9, 2005: Ord. 295-74 Ch. 24 § 11, 1974) 5.100.120 Suspension or revocation of licenses—Notice—Hearing examiner—Appeal. A. Prior to suspending or revoking any license issued under this chapter, the city clerk will send a notice of proposed license suspension or revocation ("notice") to the licensee. The notice shall be given by delivering a copy to the licensee or by mailing a copy thereof to the licensee at his last address as shown by the city clerk's license records, which notice shall be delivered or mailed at least fifteen days before the date fixed for the hearing before the city's violations hearing examiner ("hearing examiner"), as set forth herein. It is the licensee's duty to keep the address information on the application current. The notice will include the following: 1. Specific grounds upon which the city clerk intends to suspend or revoke the license; 2. The date upon which the license will be suspended or revoked; 3. A hearing date, prior to the suspension or revocation date, for the matter to be heard before the hearing examiner; 4. A statement that, in the event the licensee fails to attend the hearing, the city clerk will automatically suspend or revoke the license; 5. A statement that if, following the hearing, the hearing examiner recommends suspension or revocation of the license, the licensee has the right to appeal to the city council as set forth in this section; 6. A statement that suspension of the license will be for a specific period of time, while revocation of a license means that the license has been cancelled; 7. A statement that if the license is suspended or revoked, continued operation of the business is a criminal offense; and 8. A statement that multiple suspensions within one year or a revocation of the license within the preceding five years of application may result in denial of future applications for a license under this chapter. B. The hearing examiner shall, within fifteen days after the conclusion of the hearing, issue written findings and a recommendation to the city clerk regarding suspension or revocation of the license. Such findings and recommendation of the hearing examiner shall be final and conclusive as of the date set forth in the decision. Hearing examiner shall take into account abatement attempts by licensee. C. Appeal to City Council. Within fifteen days after the hearing examiner's written findings and recommendation, the licensee may file an appeal with the city council. Said appeal shall be in writing and itl-� / 1 t-, '{�l•.�} iil �v �_ AJC_ e_1 /'-,v `.iiiC 1OO, t.1.r C':