2017/08/09 Council Agenda Packet

4 2. Denial. In addition to those bases for denial of a license in chapter 5.04 EMC, a Quick Service Probationary License may/will be denied if(a)the owner has previously had a Quick Service Probationary License revoked in the prior 5 years; or (b) has been convicted of operating a.Quick Service Facility without having obtained a valid Quick Service Probationary License. 3. Revocation of Quick Service Probationary License for multiple violations. If an owner of a Quick Service Facility that has been required to obtain a Quick Service Probationary License receives two or more infractions for violating the dress requirement during the period the Owner is required to have a Quick Service Probationary License,those infractions shall be grounds for revoking the Quick Service Probationary License. This ground for revocation is in addition to those provided for in EMC 5.04.080. Any appeal from revocation shall be governed by Chapter 5.04 EMC,as supplemented by the requirements of Section 5 of this Ordinance. D. Infraction does not limit authority to issue criminal citation. Nothing in this Ordinance shall preclude the City from filing criminal charges for any conduct which violates the laws of the City or the State,including but not limited Iaws prohibiting lewd conduct. Section 5. License appeal from a Notice of Denial or Revocation of Quick Service Probationary A. Appeal from Notice of Revocation or Notice of Denial. If the City Clerk determines that there are grounds for denying or revoking a Quick Service Probationary License pursuant to this Ordinance,the City shall institute the denial or revocation by the delivery of a Notice of Denial/Revocation pursuant to EMC 5.04.070-080.The denial or revocation shall become effective if the owner does not file an appeal within 10 days of receiving the Notice of Denial/Revocation as set forth in EMC 5.04.070-080. A party appealing a revocation cannot challenge the validity of any infraction that has become final before the date of the Notice of Denial/Revocation. B. Content. Form and Procedure of Appeal. The Notice shall be in writing and include at least the following: 1. A caption reading: "Appeal Notice of ,"giving the name of the appellant and the name of the Quick Service Facility; 2. A brief statement specifically identifying what is being appealed,together with . any material facts claimed to support the contentions of the appellant; 3. • A brief statement of the relief sought,and the reasons why the revocation or denial of a Quick Service Probationary License should be reversed, modified or otherwise set aside; 4.• The current address of the owner/appellant; 5. Current contact information; and 15