Sec. 27-6. - License revocation.
(a) Upon written verified complaint filed by any person with the director of administration and regulatory affairs setting out facts alleging that any licensee under this chapter has, since the license was granted, violated the provisions of this chapter, or any state or federal statute involving the criminal offense of theft, or violated the provisions of § 37.09 or 37.10 of the Texas Penal Code, or that the licensee falsified his original application for a license, the director of administration and regulatory affairs shall investigate the allegations.
(b) Based on his investigation, the director of administration and regulatory affairs shall determine whether just cause exists for a hearing on revocation.
(c) If just cause exists for a hearing on revocation of a license herein, the director of administration and regulatory affairs shall notify the licensee in writing by certified mail, return receipt requested, that a revocation hearing will be conducted at a specified time and place with reference to such complaint. A copy of the verified complaint shall be included, notifying the licensee of the allegations against him.
(d) At the hearing conducted by the director of administration and regulatory affairs or his designee, all parties may present evidence and may be represented by licensed attorneys. All parties may question opposing witnesses.
(e) Based on a preponderance of the evidence, the director of administration and regulatory affairs or his designee shall determine, whether the license should be revoked. A written copy of the decision shall be sent to all parties by certified mail, return receipt requested, as soon after the conclusion of the hearing as practicable but in no event more than 30 days.
(f) In the event that the licensee's license is revoked, such licensee may appeal the revocation to city council pursuant to Rule 12 of section 2-2 of this Code and by notifying the city secretary in writing within 14 days after the revocation. A hearing before the city council shall be set as soon as practicable. Failure to appeal within 14 days shall render the decision of the director of administration and regulatory affairs final.
(g) The hearing shall be conducted by city council pursuant to Rule 12 of section 2-2 of this Code. The city council shall, based on a preponderance of the evidence, render its decision. A copy of the decision shall be sent to all parties by certified mail, return receipt requested, as soon after the conclusion of the hearing as practicable but in no event more than 30 days. This shall conclude the licensee's administrative remedies and city council's action shall be final.
(Code 1968, § 27½-7; Ord. No. 76-145, § 1(7), 2-3-76; Ord. No. 08-52, § 51, 1-16-08, eff. 1-26-08; Ord. No. 09-425, § 7, 5-13-09)