Sec. 6-126. - Suspension, revocation.
(a) Grounds for suspension. The director may suspend any commercial pet service facility license if any of the following conditions occur:
(1) Animals at the commercial pet service facility are being deprived of necessary food, water, care or shelter;
(2) Animals at the commercial pet service facility are being cruelly confined or are otherwise being cruelly treated;
(3) Unsanitary conditions exist at the commercial pet service facility to such an extent that those conditions create a possible medium for the transmission of disease to the animals kept there or to human beings; or
(4) The licensee or any agent or employee of the licensee responsible for the oversight or operation of the commercial pet service facility receives three or more convictions for violations of section 30-3 of this Code in relation to the operation of the commercial pet service facility in a 12-month period.
(b) Written notice of suspension. Prior to suspension, written notice shall be given to the licensee, the person in charge of the commercial pet service facility, or any employee or agent of the licensee. The notice shall set forth:
(1) The specific conditions existing at the commercial pet service facility that are grounds for suspension of the license pursuant to subsection (a) of this section;
(2) That a hearing will be held by a hearing officer;
(3) The date, time and place of the hearing; and
(4) That the licensee may appear in person and/or be represented by counsel and may present testimony and cross-examine all witnesses.
The hearing shall be held not later than seven business days after the date the licensee received notice of the suspension.
(c) Conduct of hearing. All hearings shall be held by a hearing officer and shall be conducted under rules consistent with the nature of the proceedings; provided, however, the following rules shall apply to each hearing:
(1) All parties shall have the right to representation by a licensed attorney though an attorney is not required;
(2) Each party may present witnesses in his own behalf;
(3) Each party has the right to cross-examine all witnesses; and
(4) Only evidence presented before the hearing officer at the hearing may be considered in rendering the order.
If the licensee fails to appear at the hearing at the time, place and date specified, the city shall present sufficient evidence to establish a prima facie case showing that conditions exist at the commercial pet service facility that are grounds for suspension of the license pursuant to subsection (a) of this section.
(d) Findings of hearing officer. After completion of the hearing, the hearing officer shall make written findings as to whether grounds exist for suspension of the license. If the hearing officer finds that no grounds exist for suspension of the license, the hearing officer shall deny the request for suspension. If the hearing officer finds that grounds do exist for suspension of the license, he shall order the suspension of the license; provided, however, if the hearing officer finds that the needs of the animals and the public interest will be adequately protected by a warning, he may issue a warning and deny the request for suspension. A denial of a request for suspension of a license shall not preclude the director from seeking a revocation of the license as set forth below.
A copy of the written findings and order of the hearing officer shall be served on the licensee. If the address of the licensee is unknown or the notice has been sent certified mail, return receipt requested and has been returned undelivered, such notice shall be served on the person in charge of the commercial pet service facility or on any employee or agent of the licensee.
(e) Removal of animals upon suspension of license. If the license is suspended, no one shall accept or place any animal in the commercial pet service facility and all animals at the commercial pet service facility on the date the license is suspended shall be removed by the licensee as soon as possible, but in no case no later than ten calendar days after receipt by the licensee, his agent or his employee of the order of suspension from the hearing officer unless the license has been reinstated prior to that time.
(f) Correction of conditions; inspection; reinstatement of license. Whenever the reason for a suspension no longer exists, the licensee or person in charge of the commercial pet service facility shall notify BARC animal enforcement that the conditions under which the license was suspended have been corrected and that an inspection is requested; provided, however, if the license was suspended under subsection (a)(4) of this section, the licensee or person in charge of the commercial pet service facility shall notify BARC animal enforcement that the conditions under which the convictions were received have been corrected and an inspection is requested. The director shall conduct the inspection as soon as possible after receiving the request and in no event later than three business days after the receipt of the request for an inspection. If the inspection shows that the conditions have been corrected, the director shall reinstate the license unless the director has given notice that he is seeking revocation of the license.
(g) Conditions for revocation. The director may revoke a license to operate a commercial pet service facility if any of the following conditions occur:
(1) Animals at the commercial pet service facility are being deprived of necessary food, water, care or shelter;
(2) Animals at the commercial pet service facility are being cruelly treated;
(3) Unsanitary conditions exist at the commercial pet service facility to such an extent that those conditions create a possible medium for the transmission of the disease to the animals kept at the commercial pet service facility or to human beings;
(4) Conditions stated in subsection (g)(2) and/or (g)(3) of this section have existed on two or more occasions at the commercial pet service facility after the officials of BARC animal enforcement have warned the commercial pet service facility of the conditions;
(5) The commercial pet service facility license has been suspended two or more times;
(6) The licensee is shown to have committed any offense involving cruelty to animals; or
(7) The licensee has knowingly employed any person at the commercial pet service facility or allowed any person to work at the commercial pet service facility who has been convicted of any offense involving cruelty to animals.
(h) Written notice of grounds for revocation. Prior to revocation, the director shall give written notice to the licensee or person in charge. The notice shall set forth:
(1) The specific conditions existing at the commercial pet service facility which are grounds for revocation of the license pursuant to subsection (g) of this section;
(2) That a hearing will be held by a hearing officer;
(3) The date, time and place of the hearing; and
(4) That the licensee may appear in person and/or be represented by counsel, may present testimony and may cross-examine all witnesses.
Each hearing shall be held in accordance with subsection (c) of this section not later than seven business days after the date the notice of revocation is received by the licensee. If the licensee fails to appear at the hearing at the time, place and date specified, the city shall present sufficient evidence to establish a prima facie case showing that grounds in fact do exist for the revocation of the license.
(i) Findings of hearing officer. After completion of the hearing, the hearing officer shall make written findings as to whether grounds exist for revocation of the license. If the hearing officer finds that no grounds exist for revocation of the license, the hearing officer shall deny the request for revocation. If the hearing officer finds that grounds do exist for revocation of the license, he shall order the revocation of the license; provided, however, if the city sought revocation for reasons under subsection (g)(1), (2) or (3) of this section and no grounds exist for revocation under (g)(4), (5), (6) or (7) of this section, the hearing officer may deny the request for revocation and either order the suspension of the license or issue a warning if he finds that the needs of the animals and the public interest will be adequately protected by a warning. The licensee of any license that is suspended under this subsection must comply with subsection (e) of this section regarding the removal of animals from the property. The license may be reinstated in accordance with subsection (f) of this section.
A copy of the written findings and order of the hearing officer shall be served on the licensee. If the address of the licensee is unknown or if the findings and order have been sent certified mail, returned receipt requested, and returned undelivered, the findings and order shall be served on the person in charge of the commercial pet service facility or on an agent or employee of the licensee.
(j) Removal of animals upon revocation of license. If the license is revoked, no one shall accept or place any animal in the commercial pet service facility and all animals at the commercial pet service facility on the date the license is revoked shall be removed by the licensee as soon as possible, but in no case no later than ten calendar days after receipt by the licensee, his agent or his employee of the order of revocation from the hearing officer.
(k) Service of notices. Any notice provided for in this section may be served by personal delivery or by certified mail, return receipt requested.
(l) Nonrefundability of license fee; reinstatement of license. In the event a license is revoked, the city shall not be liable to the licensee for any refund of any part of the license fee. Reinstatement of a license that has been revoked shall require application and payment of a license fee as if it were an initial application; provided, however, no license shall be issued to the same licensee if the licensee has been convicted of any offense involving cruelty to animals; no license shall be issued to the same licensee within one year of the date a license has been revoked; and no license shall be issued for the same location unless it is shown that adequate precautions have been taken so that the conditions under which the license was revoked shall not reoccur. If there is a dispute between the inspector and a person applying for a license for a place for which a license was revoked as to whether adequate precautions have been taken so that the conditions under which the license was revoked will not reoccur, the applicant may request a hearing before a hearing officer. The hearing shall be conducted under the same procedures as a hearing for a revocation of a license; however, the burden shall be on the applicant to show that adequate precautions have been taken so that the conditions under which the license was revoked will not reoccur.
(Ord. No. 2022-44, § 2(Exh. A), 1-19-2022)
