§ 7-165. Suspension or revocation; notice; hearing.

(a)

Upon consideration of the relevant facts and circumstances and subject to the requirements set forth in this section, the director may suspend or revoke a license issued under this division if the director determines that a licensee has violated:

(1)

Section 7-157; or

(2)

Section 7-163 by providing false or misleading information that resulted in the improper issuance of a license.

(b)

In determining whether to impose a suspension or revocation, the director shall consider all pertinent aggravating and mitigating factors and make appropriate findings in support of his or her decision based on these factors and any other relevant facts or circumstances. The term of any suspension shall be for a period not to exceed six (6) months in duration, and a revocation shall specify a period of six (6) months from the date of revocation during which the licensee shall be barred from making any new application under this chapter.

(c)

A licensee shall be entitled to a hearing before the director or a hearing officer designated by the director prior to any action being taken to suspend or revoke the license. The procedures are as follows:

(1)

Upon receipt of information and documentation sufficient to satisfy the director that suspension or revocation of a license may be warranted under this section, the director shall notify the licensee by certified mail, return receipt requested, of the alleged violations and shall direct the licensee to appear before the director or designated hearing officer on a specified hearing date, which shall be no sooner than ten (10) days and no later than thirty (30) days after the date of the notification. Failure to appear at the scheduled hearing or to arrange with the director for a rescheduling of the hearing for a date within thirty (30) days of the original date shall constitute a waiver of the right to hearing.

(2)

At the hearing, the licensee may be represented by legal counsel. The licensee shall have the right to present evidence or testimony on his or her behalf and to cross-examine any adverse witnesses. Testimony shall be presented only upon oath or affirmation. While no formal procedure shall be required, evidence and testimony will be admitted and considered based upon its probative value. The city or other complainant shall bear the burden of showing the alleged violation by a preponderance of the evidence. All proceedings in the hearing shall be recorded.

(3)

Within fifteen (15) days following the hearing, any designated hearing officer shall forward to the director a recommended decision regarding the alleged violations and recommended penalties for any violations proved. Copies of said recommended decision shall be sent by United States mail to the licensee, who must submit any comments or additional information to the director within ten (10) days of the date the recommended decision was mailed. The director shall prepare a final decision, along with a set of written findings and conclusions in support of the director's decision, and deposit the same in the United States mail to the licensee within fifteen (15) days from receipt of the recommended decision. If no hearing officer is involved, the director shall prepare and mail the decision, along with the findings and conclusions, within fifteen (15) days of the date of the hearing. All mailings will be sent to the licensee at the licensee's last known address and will be sent to any other parties requesting such notification.

(4)

Any suspension or revocation shall be effective upon the date specified in the final decision. A suspension or revocation may only be lifted by entry, and receipt by the director, of a stay or restraining order issued by a court of competent jurisdiction and will remain lifted only so long as the stay or restraining order is in effect.

(d)

It shall be unlawful for any licensee or other person to work or be employed as a for-hire stripper or exotic dancer under any license which has been suspended or revoked.

(Ord. No. 807-98, § 1, 11-16-98; Ord. No. 723-02, § 50, 9-9-02)