2.05.056 Institution of revocation proceedings and hearing.
A. On a showing of sufficient cause to believe that possible grounds exist for revocation, the issuing officer may institute proceedings for revocation of any license within the scope of BC 2.05.050 through 2.05.066 by notifying the licensee to whom the license was issued or the licensee’s successor in interest by certified mail, return receipt requested, by personal service, or by substituted service at least ten days before the effective date of revocation. The notice shall contain:
1. a statement of the proposed revocation, the grounds for the revocation including reference to the applicable Code section or regulation, and the effective date of the revocation;
2. a statement that the licensee has the right to a hearing concerning the revocation and must request one in writing within five working days of receipt of this notice; and
3. a statement that if the licensee requests a hearing, the revocation shall be stayed until the hearing is held.
B. The licensee must file the licensee’s written notice of appeal with the city recorder within five working days of receipt of notice of suspension. The notice must include:
1. the name and address of the appellant;
2. the nature of the determination being appealed;
3. the reason the determination is incorrect; and
4. what the correct determination should be.
C. The appeal is limited to the issues raised in the appellant’s written notice of appeal. Any issue not raised is waived by the appellant and may not be raised at a later time in the proceedings.
D. The failure to file a notice of appeal within the five working day period also waives any objections that the licensee might have to the revocation or suspension.
E. Failure to actually receive a notice sent or served shall not invalidate the revocation proceedings.
F. The hearing shall be held within 14 days of receipt of the notice.
G. The hearing shall be held before the council. However, if the council cannot be assembled for a hearing within 14 days, then the hearing shall be before a hearings officer appointed by the city manager, but the issuing officer shall not be appointed as the hearings officer. When reference is made to the council in its capacity as a hearing body, it shall also include a hearings officer appointed by the city manager. [BC 2.05.056, amended by Ordinance No. 4794, 12/1/20]