The text
(a)
General. All licenses issued pursuant to the provisions of this chapter shall be subject to revocation in the time and manner set forth in this section.
(b)
Grounds. Any license issued pursuant to the provisions of this chapter shall be revoked if it is found, in the time and manner hereinafter described:
(1)
That a licensee or any agent or employee thereof, has violated, or permitted, allowed or caused the violation of any provision of this chapter; or
(2)
That a licensee, or any agent or employee thereof, has permitted, allowed or caused any violation of any condition of approval imposed upon the issuance of such license;
(3)
That a license has made any fraudulent statement as to a material fact on an application form, or as to any other information presented as part of the application process.
(4)
While there is only one license outstanding under this chapter, that the licensed card club has ceased or substantially ceased to do business during sixty or more days out of any consecutive ninety-day period
(c)
Suspension. Suspension by the city council, city manager or his designee, may be immediate and at any time that the council, city manager or his designee are satisfied that any of the provisions, terms or conditions of this chapter, or any of the rules or regulations established by the council with reference to, relating to, or which are concerned with either the card games, business, or activities authorized or licensed by the provisions of this chapter, or the premises wherein the same located, or the manner or mode in which such card games, business, or activities are being conducted, are breached, violated, not complied with, or disregarded.
(1)
Upon such suspension, a hearing conducted by the city council shall be held within five business days. Notice of such hearing shall be given to the licensee at least three days prior to such hearing. Such notice shall give the time, place and purpose thereof. The city council retains the right to continue the hearings as long as it deems necessary.
(d)
Action of the City Manager. Whenever the city manager has information that a violation constituting a ground for revocation has occurred, he shall forthwith investigate the same. If he determines that such a violation has occurred, he shall forthwith set the matter for consideration by the city council at its next most convenient meeting. He shall give written notice of the time and the place of the hearing before the city council to the licensee not less than ten days in advance of the date set by him for such hearing.
(e)
Hearings. At the time set for such hearings, the city council shall hear the evidence presented by the city manager, purporting to show the grounds existing for suspension and/or revocation; thereafter, the city council shall permit the licensee, and any other interested person, to present such evidence as may be relevant to dispute the existence of such facts.
(f)
Public Hearing-Subpoenas. In the event the application is set for hearing, the city manager or the council shall at their direction cause to be issued and served any subpoenas as they shall direct in accordance with the provisions of the laws of the state relating thereto requiring the attendance of any person whom the council deems in its discretion to be a necessary and proper party to testify as to any material matters concerning any applicant or any of its agents, officers, employees, associates, or possible investors in the enterprise.
(g)
Division of City Council. If, based upon the evidence presented, the city council finds that facts are presented which constitute grounds for revocation or suspension, it shall revoke or suspend the license. If it finds that such facts are not present, it shall dismiss the proceedings. The decision of the city council shall be final and conclusive.
(Ord. No. 804, § 2, 12-13-2022)