Chapter 3-5 License and Permit Revocations, Suspensions and Refusals

The city may suspend, revoke, or refuse to issue or renew any license. If procedures for such action are not set out in the section under which the license was or would be issued, such action shall be taken in compliance with the provisions of this chapter.

The grounds set forth under section 3-5-3 for revocation, suspension, and refusal to issue or renew any license are in addition to all other grounds for such action set forth in this code, and shall provide a basis for revocation, suspension, and refusal to issue or renew any license, regardless of the chapter under which such license is authorized.

§ 3-5-3 Grounds for revocation, suspension, and refusal to issue or renew license.

The provisions of this chapter shall not apply to the temporary suspension, modification, or conditioning of any license issued pursuant to chapter 13 of title 3 this code.

[1-7-1992; 2-2-1993; 2016 Code]

The city may suspend, revoke, or refuse to issue or renew any license when the city finds that the licensee:

Has violated the conditions of the license.

Has violated state law or this code.

§ 3-5-4 Procedure for revocation or suspension.

Has refused to allow the city to inspect the licensed premises.

(D)

Does not possess the requirements to hold the license.

(E)

Is, or would be, subject to suspension or revocation of the license under this code.

(F)

Has not paid any overdue forfeiture resulting from a violation of this code.

(1)

The city may enter into written agreements providing for reciprocal enforcement of forfeitures with other cities, villages, or towns within Green County. The city may suspend, revoke, or refuse to issue or renew any license to a person who has not paid an overdue forfeiture resulting from a violation of the code of any city, village or town that is a party to such agreement.

(2)

The city may not suspend, revoke or refuse to issue or renew a license to any person who is appealing the imposition of the forfeiture, unless the refusal is based upon grounds other than the failure to pay the forfeiture. However, if the appeal is unsuccessful, the city may then revoke, suspend, or refuse to issue or renew a license based upon the failure to pay the overdue forfeiture.

(G)

Is delinquent in the payment of personal property taxes due the city.

[1-7-1992; 2016 Code; 7-5-2017]

Any person may file a sworn, written complaint with the city clerk setting forth facts that, if true, would show that a particular licensee has committed one of the acts set forth in § 3-5-3 of this chapter. Any member of a committee may file such a complaint, but shall not sit as a member of the council or committee during any hearing on the complaint or deliberation following a hearing on the complaint.

Except as provided in § 11-3-3, upon the filing of the complaint, the committee responsible for overseeing licensing issues shall issue a summons, directing the licensee to appear before the committee at a specific place and at a specific date and time to show cause why the committee should not recommend that the council revoke or suspend the license. The summons shall be signed by the city clerk.

§ 3-5-5 Procedure for refusal to issue or renew license.

The committee may require the complainant to provide security for the costs of the action before issuing a summons under this section.

(D)

The date and time noted on the summons for the appearance of the licensee shall be not less than three days nor more than 14 days from the date of issuance of the summons.

(E)

The summons and a copy of the complaint shall be served on the licensee at least three days before the date of the hearing.

(F)

The complainant shall have the burden of proving the allegations of the complaint by a preponderance of the evidence.

(G)

If the committee finds the allegations of the complaint have not been proven, the proceeding shall be dismissed without cost to the licensee.

(H)

If the licensee does not appear as required by the summons, or if the licensee appears and admits the allegations of the complaint, the allegations of the complaint shall be taken as proven and the committee shall suspend or revoke the license. The city clerk shall give the licensee notice of such action within five days following the hearing.

(I)

If the licensee appears as required by the summons and denies the complaint, the committee shall hold a hearing. At the hearing, the complainant and the licensee may be represented by counsel. The complainant and the licensee may present evidence, call and examine witnesses, and cross examine witnesses of the other party. The testimony of all witnesses shall be given under oath.

(1)

The city shall arrange for having the hearing tape recorded. The licensee shall be provided a written transcript of the hearing at his or her expense.

(2)

The committee shall make findings of fact, conclusions of law, and any determinations with respect to the license. The city clerk shall give written notice of all action taken by the committee to the licensee. Upon seven calendar days of receipt of the notice from the city clerk of the committee's determination, the licensee may submit a written request to the city clerk for a review by the council. The council shall be provided with the written findings of fact, conclusions of law and determinations made by the committee and any written transcripts or evidence presented before the committee. The council may affirm or modify the committee's determination without a hearing or may set the matter over for a new hearing. The city clerk shall give notice of all action taken by the council to the licensee.

(J)

If the licensee does not appear at the requested hearing, all determinations of fact shall be resolved in favor as stated in the complaint, and the requested license shall be suspended or revoked as requested in the complaint. The city clerk shall give the licensee notice of such action within five days following the hearing. The licensee shall not have the right to seek review to the council.

[1-7-1992; 11-6-2002; 2016 Code; 7-5-2017]

Before the time to issue or renew a license, the city clerk shall notify the licensee in writing of its intention not to approve the issuance or renewal of the license and shall provide the licensee the opportunity for a hearing. The notice shall state the reasons for the intended action.

The licensee shall be entitled to a hearing before the committee responsible for overseeing licensing issues with regard to the intended action. To obtain a hearing, the licensee shall file a written request for hearing with the city clerk. Such request must be filed within seven calendar days of the date notice is given under Subsection (A) of this section.