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.
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.