The development plan review board is designated as the license and permit hearing board of the city. Such board shall have the power to grant all permits required by Chapters 5.28, 5.32, 5.36 and 5.68 and to revoke or suspend any permit or license granted or issued under the provisions of this title. Such board shall be governed by the procedures set out in this title.
(Prior code § 7-4; Ord. 814 § 1, 1984)
Any license or permit issued under this title may be revoked
or suspended in the following instances:
A.
Where
the license and permit hearing board has found and determined that
the preservation of the public health, safety and peace demand revocation
of such license or permit;
B.
Where
the licensee or permittee has violated any provisions of this code,
any ordinance of the city or any other provision of law;
C.
Where
a permit or license has been granted on false or fraudulent evidence,
testimony or application;
D.
Where
the licensee or permittee has violated the terms and provisions of
such license or permit.
(Prior code § 7-5)
A.
No
license or permit issued pursuant to this title shall be revoked or
suspended until the licensee or permittee has had a public hearing
before the license and permit hearing board and has had an opportunity
either personally or by counsel, or both, to defend himself and present
evidence on his behalf. Such public hearing shall be proceeded by
reasonable notice as provided in the rules and regulations of such
board.
Notwithstanding the foregoing, the city clerk may suspend, pending
such a hearing, any license or permit where it has been determined
that, upon the recommendation of the police department or upon the
recommendation of the city council, an immediate suspension of the
license or permit is necessary for the protection of the public health,
safety and welfare.
C.
In the event of such a suspension, the city clerk shall, within
twenty-four hours after such suspension, cause to be served upon the
licensee or permittee a written statement containing the grounds for
such suspension and a "notice of hearing to show cause before the
license and permit hearing board" why the license or permit should
not be permanently revoked, which hearing shall be held not later
than five days following the service of such notice.
(Prior code § 7-6)
A.
Any
person aggrieved by a decision of the license and permit hearing board
may appeal from the same by filing with the city clerk, within ten
days after receiving notification of the decision of such board, a
written statement signed by such person so aggrieved, that he has
elected to appeal from the decision of such board and that he requests
a hearing on his appeal before the city council. The city clerk shall
thereafter set the matter for hearing before the city council within
thirty days of the receipt of such notice of appeal. Such hearing
before the city council may be continued from time to time.
B.
The
city clerk shall mail a notice to, or personally serve the person
aggrieved, notifying him of the time and place of such hearing. Such
notice shall be mailed and served not less than five days prior to
such hearing. At the time of such hearing the city council shall consider
the report and the decision of the license and permit hearing board
and the record and the evidence heard and submitted to such board.
In addition, the city council may, by majority action, grant the person
aggrieved a new hearing de novo before the city council. Following
the conclusion of the hearing before the city council, the city council
shall render its decision within thirty days. The decision of the
city council shall be final.
(Prior code § 7-7)
A.
The city clerk shall serve as license collector and administrator of this chapter and Chapters 5.04, 5.16, 5.20, 5.24 and 5.68. He shall formulate in writing all necessary rules and regulations to carry out the provisions of this chapter and Chapters 5.04, 5.16, 5.20, 5.24 and 5.68, and in general shall do all things necessary and proper to carry out the spirit and intent of this title.
B.
The city clerk shall have, in addition to all other powers conferred upon him, for good cause shown, the power to extend the time for filing any statement for a period of not to exceed thirty days, and in such case waive any penalty that would have otherwise accrued; and with the approval of the city council and the written approval of the city attorney, to compromise any claim for license fee subject to the provisions of this chapter and Chapters 5.04, 5.16, 5.20, 5.24 and 5.68.
(Prior code § 8-1)
Deputy license collectors shall be directly responsible to the
city clerk and under his control and direction. The city clerk and
such deputy license collectors shall have the power to examine all
places of business and persons in their respective territories liable
to pay a license, and to see that such licenses are taken out.
(Prior code § 8-2)
A.
It shall be the duty of the city clerk and his authorized deputy, or law enforcement, or contractual representative of the city, to enforce all of the provisions of this title, and of any other provision of this code or any ordinance of the city requiring the payment of any license fee. In addition, the city clerk shall be responsible for the issuance of permits and licenses provided for in this chapter and Chapters 5.04, 5.16, 5.20, 5.24 and 5.68, and for the proper processing as required in this chapter and Chapters 5.04, 5.16, 5.20, 5.24 and 5.68, of all applications and permits.
B.
The city clerk or his authorized deputy, or any other license enforcement agency, shall examine all places of business in the city to ascertain whether or not the provisions of this chapter and Chapters 5.04, 5.16, 5.20, 5.24 and 5.68 have been complied with. The city clerk, his deputy, such license enforcement agency, the city attorney and any duly authorized employee of the city shall have the power to examine all necessary books and records of all persons doing business in the city required to be licensed by the terms of this chapter and Chapters 5.04, 5.16, 5.20, 5.24 and 5.68 for the purpose of ascertaining the amount of license fee required to be paid by the provisions of this chapter and Chapters 5.04, 5.16, 5.20, 5.24 and 5.68. Such officer and deputies and duly authorized employees shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed by the provisions of this chapter and Chapters 5.04, 5.16, 5.20, 5.24 and 5.68, and to demand an exhibition of such license, books or other matters of record. Any person having any such license in his possession or under his control who fails to exhibit the same on demand shall be guilty of a violation of this code. It shall be the duty of the city clerk, his deputies or the contractual law enforcement agencies of the city to cause a complaint to be filed against any person found to be a violator of any provision of this chapter or Chapters 5.04, 5.16, 5.20, 5.24 or 5.68.
C.
For the purpose of the enforcement of this chapter and Chapters 5.04, 5.16, 5.20, 5.24 and 5.68 the city clerk may, with the prior consent of the city council, deputize a qualified accountant to examine the necessary books and records of any person doing business in the city. Any failure on the part of any person licensed under this chapter or Chapters 5.04, 5.16, 5.20, 5.24 or 5.68 to exhibit to and allow examination by such accountant so deputized shall constitute a violation of this code.
(Prior code § 8-15)
No person shall violate any of the regulatory provisions of
this title or knowingly or intentionally misrepresent to any authorized
officer of the city any material fact in procuring a license or permit
provided for in this title.
The conviction or imprisonment of any person for violating any
of the regulatory provisions of this title shall not relieve such
person from paying the license fee to conduct such business, nor shall
the payment of any license fee prevent a criminal prosecution for
the violation of a regulatory provision of this title.
All remedies prescribed under this title shall be cumulative
and the use of one or more remedies by the city shall not bar the
use of any other remedy for the purpose of enforcing the prosecution
of violations of this title.
(Prior code § 7-10)
