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5.04.140. Enforcement

            (1)        Inspections.  The license officer or the officer's authorized agent shall make all investigations reasonably necessary to the enforcement of this Chapter.  Any City police officer is hereby authorized by the license officer, and any other City employee may be so authorized upon approval of the City Council.  All persons authorized hereunder to inspect licensees and businesses shall have the authority to enter, with or without search warrant and at all reasonable times, the following premises:

                        (a)        Those for which a license is required;

                        (b)        Those for which a license was issued and which at the time of inspection are operating under such license; and

                        (c)        Those for which the license has been revoked or suspended.

            Persons inspecting licensees, their businesses, or premises as herein authorized, shall report all violations of this Chapter or of other laws or ordinances to the license officer and shall submit such other reports as the license officer shall order.

            (2)        Provisional order.  When the license officer has been notified that a licensee is in violation of this Chapter or of any law or ordinance, and said violation is not an immediate threat to the public's health, safety, or welfare, or is not otherwise so egregious as to warrant immediate intervention, the license officer shall issue to the affected person a provisional order to comply.

                        (a)        The provisional order shall be in writing and shall apprise the person affected of the specific violations.  In the absence of the person affected or their agent or employee, a copy of such notice shall be affixed to some structure on the premises.  The deposit of the notice in the United States mail, to the name and address provided on the business license application, shall constitute service thereof.

                        (b)        The provisional order shall require compliance within five (5) business days of the mailing of the order to the affected person.

                        (c)        If before the expiration of the five (5) day period for compliance the licensee requests, in writing, a hearing, the license officer shall order and conduct a hearing within five (5) business days of the request.  Notice of such hearing shall be given in the manner prescribed herein.  The applicant may be represented by counsel at the hearing and may produce any evidence relevant to the question.  Within three (3) days of the conclusion of the hearing, the license officer shall make findings, enter a final order, and mail the final order to the affected person.

            (3)        Hearing regarding license status.  At the time the license officer prepares the provisional order, the license officer is also to prepare a notice to the licensee regarding a hearing to determine what, if any, action will be taken regarding the licensee's business license.  Said notice shall set forth the specific violations to be addressed at the hearing and set forth the date, time, and location of the hearing.  The notice shall either be served with the provisional order or separately in the same manner as the provisional order.  Said hearing shall be set no sooner than five (5) business days from the date of the notice.  The applicant may be represented by counsel at the hearing and may produce any evidence relevant to violations.  Within four (4) business days of the conclusion of the hearing, the license officer shall make findings, enter a final order, and mail the final order to the licensee.

            (4)        Authority of license officer.  In accordance with the provisions of this Chapter, upon written request or on the officer's own motion, the license officer shall have the authority to extend the time for compliance or grant a new hearing date or change, modify, or rescind any recommendation or order.  The license officer shall also have the authority to suspend or revoke a license, or place a license on probation, or similar action, upon making and declaring a final order in reference thereto.

            (5)        Final order.  Upon a final order revoking or suspending a license or determining that a license is necessary for an entity operating without a license, the entity shall immediately cease all business at all places where the entity is operating and found to be in violation.  No refund of any portion of the license fee shall be made to the licensee if said license has been revoked or suspended.

            (6)        Right of appeal.  Any person aggrieved by the decision of the license officer's final order, shall have the right to appeal to the City Manager by filing a written appeal with the license officer within ten (10) days following the effective date of the action or decision complained of.  A time for hearing shall be fixed and not less than five (5) days notice thereof shall be given to the appellant.  Following the hearing the City Manager shall make and enter findings of fact and an order, and that decision shall be final and conclusive.  A copy thereof shall be mailed to the appellant to the name and address provided in the written appeal.

            (7)        Summary action.  When the conduct of any licensee, agent, or employee, or any unlicensed person conducting or operating a business is an imminent threat to the public health, safety, or general welfare, or is otherwise so egregious so as to warrant immediate intervention, the City Manager shall have authority to summarily order the cessation of business and the close of premises or to suspend or revoke the subject license.  Unless waived in writing by the licensee, within five (5) days after the summary action, a special hearing with regard to such action shall be held by the City Manager.  Notice of such hearing shall be given in the manner prescribed herein.  The findings and order of the City Manager following the hearing shall be final and conclusive and shall be mailed to the appellant in the manner prescribed herein.

            (8)        Judicial appeal.  Any appeal of an order of the City Manager after a hearing on a summary action, or after a hearing on appeal from action of the license officer, may be filed in a court of competent jurisdiction.

            (9)        Liability of violator.  The amount of any unpaid fee, the payment of which is required hereunder, shall constitute a debt to the City.  The City Attorney, at the direction of the City Manager, may institute a civil action in the name of the City to recover any such unpaid fee.  No civil judgment or any act by the City Attorney or any other agent of the City shall be a bar to prevent a criminal prosecution for each and every violation of this Chapter.  In addition, the City Attorney may pursue other remedies legally allowable for enforcement of this Chapter.


Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-18, Amended, 4/17/1997
Ord. No. 08-44, Amended, 9/18/2008

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