§ 12-31. Enforcement.

(a)

Inspections. A licensee under this article shall submit to lawful inspections by the building department, police department, fire department, public health department and such other departments as may be necessary to ensure that the business and applicant comply with all applicable ordinances and regulations of the city. The city license officer may refuse to issue a permit to any applicant until he or she has a report from any department he or she deems necessary to make an inspection that the applicant or premises are in compliance with all ordinances and regulations. Persons making such inspections shall report all violations of this article to the city license officer and shall submit such other reports as the city license officer shall order.

(b)

Notices of violations. When an inspector has reported such a violation, the city license officer shall issue to the affected person a provisional order to comply, as follows:

(1)

Nature of notice. The provisional order, and all other notices issued in compliance with this article, shall be in writing, shall apprise the person affected of his or her specific violations and shall be considered served by forwarding the same, by certified mail, to the address on the license.

(2)

Period for compliance. The provisional order shall require compliance within ten days of service on the affected person unless a hearing is requested as herein provided.

(3)

Hearing. Upon written application by the person affected before the expiration of the ten-day period for compliance, the city license officer shall order a hearing. Notice of such hearing shall be given to the affected person in the manner prescribed herein.

(4)

Modifications by license officer. Upon written application, or on his or her own motion, the city license officer may, in a proper case, extend the time for compliance, grant a new hearing date and change, modify or rescind any order or recommendation.

(5)

Final orders. Upon the failure or refusal of the violator to comply with the provisional order or with any order made after a hearing, the city license officer shall then declare and make the provisional order final. The city license officer may suspend licenses upon making and declaring a provisional order final. Upon suspension, no refund on any portion of the license fee shall be made to the licensee, and he or she shall immediately cease all business at all places under such license unless an appeal is filed as herein provided.

(c)

Summary action. When the conduct of any licensee, or his or her agent or employee is so inimical to the public health, safety and morals as to constitute a nuisance and thus give rise to an emergency, the city license officer may summarily order the cessation of business and the closing of the premises, or may suspend or revoke the license. Unless waived in writing within five days after he or she has acted summarily, the city license officer shall conduct a special hearing for such action in respect to the summary order as may be therein determined. Notice of such hearing shall be given to the affected person in the manner prescribed herein.

(d)

Right of appeal.

(1)

Appeal board. Any person aggrieved by any decision of the city license officer after the hearing may appeal to an appeal board consisting of three persons, one of whom shall be the city manager. The other two members of the board shall be appointed by the mayor, subject to confirmation of the council. Such appeal shall be in writing and filed with the city manager within ten days following the effective date of the action or decision complained of.

(2)

Contents of appeal. Such appeal shall set out a copy of the order or decision appealed from and shall include a statement of facts relied upon to avoid such order.

(3)

Notification of license officer. At the time of filing any such appeal, a copy thereof shall be filed by the appellant with the city license officer.

(4)

Hearing. The city manager shall fix a time and place for hearing the appeal and shall cause a written notice of such hearing time and place to be served upon the appellant. He or she shall also give notice to the city license officer, and such officer shall be entitled to appear and defend such order.

(5)

Appeals to council. If the licensee does not agree with the finding of the board, then he or she may file an appeal to the council within five days of being notified of the board's action. Upon the licensee failing to make such an appeal, the city license officer shall revoke the license. If an appeal is made and the council determines that the license should be revoked or that the order of the board should be reversed, the council may confirm, reverse or modify the order of the board. The findings of the council shall be final and conclusive and shall be considered served upon the applicant by sending a copy of the decision, by certified mail, to the address on the license.

(e)

Recovery of unpaid fees. The amount of any unpaid fee, the payment of which is required hereunder, shall constitute a debt due the city. The city attorney may, at the direction of the city license officer, institute a civil suit in the name of the city to recover any such unpaid fee. However, no civil judgment or any act by the city attorney, the license officer or the violator shall bar or prevent a criminal prosecution for a violation of this article.

(Code 1973, § 7.15; Code 1989, § 802.15; Ord. No. 620, 6-9-1981; Ord. No. 699, 4-21-1987)