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:hapter 5.D4 GENERAL PROVISIONS Page 4 of( <br /> 1 <br /> prevention code. (Ord. 3104-08 s 4, 2008: Ord. 295-74 Ch. § 6, 1974) <br /> 5.04.070 License issuance—Appeal from denial. <br /> A. If, from the information supplied the city clerk, it appears that all of the general and specific license <br /> requirements have been complied with, the city clerk shall issue the appropriate license upon the <br /> presentation of a receipt from the city treasurer specifying the payment of the appropriate prescribed <br /> license fee and any costs assessed for investigation of the license application as provided in Section <br /> 5.04.030. The license,when issued, shall have affixed to it a photograph of the applicant, or the party <br /> signing the application, and such license shall be posted and displayed in a conspicuous place in the <br /> establishment where such license is enjoyed, at all times, and such license shall not be tampered with in <br /> any manner. <br /> B. Any applicant whose application has been denied may, within ten days following notification of the <br /> denial, file a petition for a hearing with the city council. The city council shall set a hearing date within <br /> thirty days of receiving such request. (Ord. 3104-08 § 5, 2008: Ord. 295-74 Ch. 1 § 7, 1974) <br /> 5.04.080 Suspension or revocation of licenses. <br /> A. Revocation by City Clerk. The city clerk shall have the right to revoke or suspend any license at any <br /> time on the following grounds: <br /> 1. That the license was procured by fraud or false representation of facts; <br /> 2. That the licensee or any of his servants, agents or employees while acting within the scope of their <br /> employment has violated or failed to comply with any of the provisions of the "license code"; <br /> 3. That licensee or any of his servants, agents or employees has been convicted of either a felony or <br /> misdemeanor involving moral turpitude, or involving fraud or an attempt to defraud while acting within the <br /> scope of their employment; <br /> 4. Conviction of a violation of any provision of this title shall be prima facie evidence to warrant <br /> revocation or suspension of the license. <br /> B. Appeal to City Council. Within ten days after revocation or suspension of any license issued and <br /> suspended pursuant to this title, the licensee so revoked or suspended may file an appeal with the city <br /> council. Upon the receipt of such notice, the licensee shall be afforded a hearing before the city council <br /> after reasonable notice has been given. Said appeal shall be in writing and addressed to the city council, <br /> "ATTENTION: City Clerk." Notice of such appeal shall be given by delivering a copy of the notice to the <br /> holder of the license or by mailing a copy thereof to the holder at his last address as shown by the city <br /> clerk's license records, which notice shall be mailed or delivered at least five days before the date fixed <br /> for the hearing. The city council shall, within thirty days after the conclusion of such hearings, issue a <br /> written decision as to the revocation or suspension of such license or its retention. Such decision of the <br /> city council shall be final; if the city council decides that the license shall be revoked, the revocation shall <br /> be effective as of the date of city council's decision unless otherwise ordered by a court of competent <br /> jurisdiction. Proceedings to review such matters must be instituted within fifteen days of final action of the <br /> city council. <br /> C. Surrender of License. It is unlawful for any person whose license has been revoked or suspended, to <br /> keep the license issued to him in his possession or under his control, and the same shall immediately be <br /> surrendered to the city clerk. When revoked, the license shall be cancelled, and when suspended the city <br /> 5 <br /> 111 p:; r_F.mr e.orOroe/lev(iett V . ! , / uere,U_Oz..h_nai ` <br />