§ 55-427. Suspension or revocation of valet operator license or valet location license; administrative fines against licensees.

(a)

After notice and an administrative hearing at which the city submits proof by a preponderance of the evidence, or upon stipulation of the parties, or upon failure of the licensee to appear at such a hearing after notice has been given, the director may suspend or revoke the valet location license of any person or entity who:

(1)

Makes any false or misleading statement of material fact on his or her application for a license or to any city employee enforcing this article or investigating whether a violation has occurred under this article;

(2)

Commits any act or omission prohibited under this article, fails to perform any act required under this article, or permits any valet attendant or other person in his employment to do the same;

(3)

Commits any act or omission is cause for denial of a license under section 55-428;

(4)

Violates any term, condition or limitation on his or her license;

(5)

Commits any act prohibited under any rule or regulation or fails to perform any act required under any rule or regulation promulgated under this article by the director or permits any valet attendant or other person hired by him to do the same;

(6)

Commits any crime involving violence or theft; or

(7)

Commits any act or omission or meets any condition which is cause for suspension or revocation under section 32-22.

(b)

After notice and an administrative hearing at which the city submits proof by a preponderance of the evidence, or upon stipulation of the parties, or upon failure of the licensee to appear at such a hearing after notice has been given, the director may suspend or revoke the valet operator license of any person or entity who:

(1)

Makes any false or misleading statement of material fact on his or her application for a license or to any city employee enforcing this article or investigating whether a violation has occurred under this article;

(2)

Commits any crime involving violence or theft;

(3)

Commits any act which is cause for denial of a license under section 55-428;

(4)

Commits any act or omission which is cause for suspension or revocation of the license under section 32-22; or

(5)

Commits three or more acts or omissions prohibited under section 55-432 within any ninety (90) day period.

(c)

In lieu of any suspension, the director may assess an administrative fine against the license not to exceed one thousand dollars ($1,000.00) per violation. Whether a fine should be assessed in lieu of suspension or revocation, and the amount of such fine shall be determined by the director in his or her discretion, based upon the nature of the offense, the licensee's record, whether the violation presents a threat to public health, safety or welfare, the duration of the violation, and any other mitigating or aggravating circumstances present. In the event that the director imposes an administrative fine under this section, the director's order shall state a deadline for payment of the fine, not to exceed thirty (30) days. In the event that the fine is not paid by that date, the director shall suspend the license until the fine is paid.

(d)

In addition to or in the alternative to any suspension, revocation, or administrative fine provided in this section, the director may impose new or additional terms, requirements, conditions, or limitations on any license issued under this article.

(e)

In addition to or in the alternative to any suspension, revocation, or administrative fine provided in this article, and in addition to or in the alternative to any new or additional terms, requirements, conditions, or limitations imposed on any license issued under this article, the director may impose administrative citations pursuant to article XII of chapter 2 of the Denver Revised Municipal Code. No license shall be renewed if any outstanding fine is unpaid at the time of renewal, and the director shall suspend any license if any fine is unpaid within thirty (30) days of imposition or, in the event the fine was appealed, within thirty (30) days of resolution of the appeal.

(f)

If a valet location license is revoked there shall be a fee of two thousand dollars ($2,000.00) for reinstatement. Applications for reinstatement may not be made for one (1) year from the date of revocation and reinstatement shall only be granted upon a showing that all violations have been corrected and the applicant presents a plan to prevent repeat violations.

(g)

For purpose of this section and the suspension, revocation or denial of any valet operator license or valet location license, any act or omission of a valet attendant that occurs in the course of his or her employment as a valet attendant for the valet operator shall be imputed to the valet operator and his or her valet operator and valet location license.

(Ord. No. 493-01, § 1, 6-18-01; Ord. No. 29-10, §§ 11, 12, 1-11-10)