[Adopted 7-22-1993 as Title 7, Ch. 11, of the 1993 Code]
The City shall not issue or renew any license to transact any
business within the City of Marion:
This article shall apply to licenses issued pursuant to the
provisions of:
I.
Chapter
513, Soda Water Beverages.
Prior to any denial of an application for renewal of a license, including denials pursuant to § 84-32, the applicant shall be given notice and opportunity for a hearing as hereinafter provided:
B.
With respect to licenses other than those described in Subsection A herein, the Common Council or its assignee shall notify the applicant in writing of the City's intention not to renew the license and shall provide the applicant with an opportunity for hearing. The notice shall state the reasons for the intended action and shall establish a date, not less than three days nor more than 10 days after the date of the notice, on which the applicant shall appear before the Council. If the applicant shall fail to appear before the Council on the date indicated on the notice, the Council shall deny the application for renewal. If the applicant appears before the Council on the date indicated in the notice and denies that the reasons for nonrenewal exist, the Common Council shall conduct a hearing with respect to the matter. At the hearing, both the City and the applicant may produce witnesses, cross-examine witnesses and be represented by counsel. The applicant shall, upon request, be provided with a written transcript of the hearing at the applicant's expense. If the Common Council determines that the applicant shall not be entitled to renewal pursuant to § 84-32, the application for renewal shall be denied.[1]
Where an individual, business or corporation wishes to appeal the City Clerk-Treasurer's decision not to issue a license or permit under this Code on grounds other than those specified in §§ 84-32 through 84-35 above, the applicant may file a request in writing with the City Clerk-Treasurer that the matter be referred to the Common Council. A public hearing shall be scheduled within 14 calendar days by the Common Council. All parties may be represented by counsel. The Council shall consider all relevant information and shall render a decision which shall be binding.