§ 30-491. Notification of suspension or revocation of operating permit; appeals.

(a)

Any operating permit issued by the city may be suspended or revoked by the issuing officer for cause as herein defined. Any operating permit issued by the city may be suspended or revoked by the director of public safety for a violation of section 30-488 or any other alcohol-related violation. In either case, a hearing shall be scheduled to be held by the city manager or the city manager's designee. Depending upon the necessity for prompt action, the hearing shall be held in accordance with one of the following provisions:

(1)

If there is no immediate threat to the public health, safety or welfare, the hearing shall be held to determine whether the operating permit should be suspended or revoked. The holder of the operating permit shall be notified of the time, date and place of the hearing and shall be notified of the reason or reasons for the proposed suspension or revocation. The operating permit holder shall be entitled to be represented by counsel, to submit evidence, to cross-examine testifying witnesses, and to make arguments concerning the factual and legal issues. The hearing officer or body shall render a written decision stating the reasons for the decision.

(2)

If there is an immediate threat to the public health, safety or welfare, a violation of section 30-488 or any other alcohol-related violation, the operating permit may be suspended prior to the hearing. If an operating permit is suspended prior to the hearing, the hearing shall be commenced as soon as it is practical, but in no case more than ten days after the suspension. The hearing shall be held to determine whether to terminate or extend the suspension or whether the suspension should be converted into a revocation of the operating permit. The holder of the operating permit shall be notified of the time, date, and place of the hearing and shall be notified of the reason or reasons for the already-imposed suspension and for any contemplated future action. The operating permit holder shall be entitled to be represented by counsel, to submit evidence, to cross-examine testifying witnesses, and to make arguments on factual and legal issues. The hearing officer or body shall render a written decision stating the reasons for the decision.

(b)

In any hearing held pursuant to the provisions of this article, the rules of evidence shall be followed as far as practicable, but a hearing officer or body may admit and give probative effect to evidence of a type commonly relied upon by reasonably prudent people in the conduct of their affairs. Irrelevant, immaterial or unduly repetitious evidence may be excluded. Notice may be taken of facts within the general knowledge of the community. A record of the hearing shall be maintained by the hearing officer or body.

(Ord. No. 2014-6 , 12-1-2014; Ord. No. 2015-12 , § 5, 10-5-15)