[HISTORY: Adopted by the City Council of the City of Auburn 3-28-1991 by L.L. No. 2-1991 as Ch. 15, Art. I of the 1991 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "City of Auburn Licensing and Regulation of Businesses Ordinance."
As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
- HEARING OFFICER
- The person appointed by competent authority to conduct a hearing to determine whether a license issued under this Code should be suspended or revoked.
- ISSUING OFFICER
- The City official who has the authority to issue, deny, suspend or revoke a license under the provisions of this Code.
Unless otherwise specifically provided, any license issued under this Code may be suspended or revoked by the issuing officer or hearing officer as hereinafter provided.
Revocation. Whenever the issuing officer shall determine that a licensee is violating any applicable provisions of the City of Auburn Municipal Code or any applicable state or county law, rule or regulation, the issuing officer or hearing officer designated by the Council may revoke such license.
Notice of hearing. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his or her last known address at least 10 days prior to the date set for hearing.
Authority of hearing officer. The issuing officer or any hearing officer appointed by the Council may administer oaths, subpoena witnesses and take testimony in respect to any matter properly before him or her and may accept affidavits in lieu of oral testimony.
Appeals. Any person aggrieved by the action of the issuing officer in the denial of an application for a license or in the decision of the issuing officer or hearing officer with reference to the revocation of a license as provided for in this section shall have the right to appeal to the Council. Such appeal shall be taken by filing a notice of appeal with the City Clerk within 14 days after notice of the action complained of has been mailed to such person's last known address, together with a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his or her last known address at least five days prior to the date set for the hearing. Any person or persons jointly or severally aggrieved by any decision of the Council may apply to the Supreme Court for relief by a proceeding under Article 78 of the Civil Practice Law and Rules.
Suspension. In case of an emergency or a serious threat to public safety, health or welfare, the issuing officer may suspend a license until such time as a final determination can be had on the revocation of a license under this section. For good cause, the Council may remove such suspension pending final determination subject to such terms and conditions as it deems appropriate or necessary to safeguard the public safety, health or welfare.