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2007-008 Council Ordinances
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2007-008 Council Ordinances
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City Council
Council Document Type
Ordinances
Meeting Date
08/13/2007
Council Meeting Type
Regular
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diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not <br />renew a license based upon violations of this Section may be postponed or <br />`-- discontinued at any time if it appears that the licensee has taken appropriate measures <br />which will prevent further instances of disorderly use. <br />(9) Evidence of Disorderly Manner. A determination that the licensed premises <br />have been used in a disorderly manner as described in Section 1009.49, subd 1 shall <br />be made upon substantial evidence to support this determination. It shall not be <br />necessary that criminal charges be brought in order to support a determination of <br />disorderly use nor shall the fact or dismissal or acquittal of such a criminal charge <br />operate as a bar to adverse license action under this Section. <br />(10) Serving of Notice. All notices given by the City under this Section shall be <br />personally served on the licensee, sent by registered mail to the licensee's last known <br />address, or, if neither method of service effects notice, by posting the notice in a <br />conspicuous place on the licensed premises . <br />(11) Council Action Not Exclusive. Enforcement actions provided in this Section <br />shall not be exclusive. The City Council may take any action with respect to a licensee, <br />a tenant, or the licensed premises as is authorized by the City Code or State law <br />1009.50. Suspension, Revocation, Denial and Non -Renewal of a License. <br />(1) Reason for Action. The Council may revoke, suspend, deny or decline to <br />renew any license issued under this Chapter upon any of the following grounds : <br />(a) False statements on any application or other information or report <br />required by this Chapter to be given by the applicant or licensee. <br />(b) Failure to pay any application, penalty, re -inspection, or reinstatement <br />fee required by this Chapter and resolution. <br />(c) Failure to correct deficiencies noted in notices of violation in the time <br />specified in the notice. <br />(d) Failure to comply with the provisions of an approved mitigation plan in <br />the case of provisional licenses. <br />(e) Any other violation of this Chapter. <br />(2) Applicable Sections. Revocation, suspension, and non -renewal may be <br />brought under either this Section or Section 1009.49, subd 6, or both. <br />(3) Regular License. A regular license shall be revoked, if at mid term, or not <br />renewed, if at the end of a term, upon a finding that the premises are only eligible for a <br />provisional license as provided in Section 1009.47. <br />(4) Written Notice. A decision to revoke, suspend, deny or not renew a license <br />shall be preceded by written notice to the applicant or licensee of the alleged grounds • <br />therefore and the applicant or licensee will be given an opportunity for a hearing before <br />the City Council before final action to revoke, suspend, deny, or not renew a license. <br />(5) Action of City Council. The City Council shall give due regard to the frequency and <br />seriousness of violations, the ease with which such violations could have been cured or <br />avoided and good faith efforts to comply and shall issue a decision to deny, not renew, <br />19 <br />
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