10:220. - Notification of suspension or revocation of operating permit; appeals.
Any operating permit issued by the city may be suspended or revoked by the City Clerk for cause as herein defined. In either case, a hearing shall be scheduled to be held by the City Administrator. Depending on the necessity for prompt action, the hearing shall be held in accordance with one of the following provisions:
1. If there is no immediate threat to the public health, safety or welfare, the hearing shall be held to determine whether the operating permit should be suspended or revoked. The holder of the operating permit shall be notified of the time, date and place of the hearing and shall be notified of the reason(s) for the proposed suspension or revocation. The operating permit holder shall be entitled to be represented by counsel, to submit evidence, to cross-examine testifying witnesses, and to make arguments concerning the factual and legal issues. The City Administrator shall render a written decision stating the reasons for the decision; or
2. If there is an immediate threat to the public health, safety or welfare, the operating permit may be suspended prior to the hearing. If a license or permit is suspended prior to the hearing, the hearing shall be commenced as soon as practical, but in no case more than 10 days after the suspension. The hearing shall be held to determine whether to terminate or extend the suspension or whether the suspension should be converted into a revocation of the operating permit. The holder of the operating permit shall be notified of the time, date and place of the hearing and shall be notified of the reason(s) for the already-imposed suspension and for any contemplated future action. The operating permit holder shall be entitled to be represented by counsel, to submit evidence, to cross-examine testifying witnesses, and to make arguments concerning the factual and legal issues. The City Administrator shall render a written decision stating the reasons for the decision.
In any hearing held pursuant to the provisions of this chapter, the rules of evidence shall be followed as far as practicable, but a hearing officer or body may admit and give probative effect to evidence of a type commonly relied upon by reasonably prudent people in the conduct of their affairs. Irrelevant, immaterial or unduly repetitious evidence may be excluded. Notice may be taken of facts within the general knowledge of the community.
Any person dissatisfied with the decision of the City Administrator may appeal to the City Council, provided that a written request for such an appeal shall be filed within 7 days of the date of the decision to be appealed. The City Council shall schedule a hearing on the appeal within 8 days of the receipt of the request for appeal by the City Clerk. The hearing shall be scheduled and held before the entire City Council or hearing officer, as the City Council shall determine. The factual record made in the hearing below shall constitute the basic record for the appeal. The City Council or designated hearing officer may, but need not, allow for the presentation of additional evidence. Argument as to relevant factual and legal issues shall be permitted. If the hearing is conducted by the City Council, the decision of the City Council shall be by majority vote. If the hearing is conducted by a designated hearing officer, it shall be the responsibility of the hearing officer to make a recommendation to the City Council for the Council's final review and decision. The City Council may affirm, reverse or modify any action taken relative to a license. The decision of the City Council shall be final.
(Ord. No. 16-11, § 1, 6-20-16)