08/13/2007 Council Packet - Laserfiche WebLink

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discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. (9) Evidence of Disorderly Manner. A determination that the licensed premises have been used in a disorderly manner as described in Section 1009.49, subd 1 shall be made upon substantial evidence to support this determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use nor shall the fact or dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this Section. (10) Serving of Notice. All notices given by the City under this Section shall be personally served on the licensee, sent by registered mail to the licensee's last known address, or, if neither method of service effects notice, by posting the notice in a conspicuous place on the licensed premises . (11) Council Action Not Exclusive. Enforcement actions provided in this Section shall not be exclusive. The City Council may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by the City Code or State law 1009.50. Suspension, Revocation, Denial and Non - Renewal of a License. (1) Reason for Action. The Council may revoke, suspend, deny or decline to renew any license issued under this Chapter upon any of the following grounds : (a) False statements on any application or other information or report required by this Chapter to be given by the applicant or licensee. (b) Failure to pay any application, penalty, re- inspection, or reinstatement fee required by this Chapter and resolution. (c) Failure to correct deficiencies noted in notices of violation in the time specified in the notice. (d) Failure to comply with the provisions of an approved mitigation plan in the case of provisional licenses. (e) Any other violation of this Chapter. (2) Applicable Sections. Revocation, suspension, and non- renewal may be brought under either this Section or Section 1009.49, subd 6, or both. (3) Regular License. A regular license shall be revoked, if at mid term, or not renewed, if at the end of a term, upon a finding that the premises are only eligible for a provisional license as provided in Section 1009.47. (4) Written Notice. A decision to revoke, suspend, deny or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefore and the applicant or licensee will be given an opportunity for a hearing before the City Council before final action to revoke, suspend, deny, or not renew a license. (5) Action of City Council. The City Council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or 20 • • •