This chapter shall be known and may be cited
as the "City of Lackawanna 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 Lackawanna Municipal Code or any applicable state or county law,
rule or regulation, the Issuing Officer or Hearing Officer designated
by him or her 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 him or her 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 City 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 City 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 City 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 City
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.