2.05.060 Suspension procedures when serious danger to public health or safety exists – Effective date.
The procedures in BC 2.05.056 do not apply when the issuing officer determines that conduct by the licensee or circumstances surrounding the use of the license constitutes a serious danger to the public health or safety. In that case, the issuing officer shall suspend the license and follow the procedures set forth below.
A. The issuing officer shall notify the licensee by phone, certified mail, return receipt requested, or by personal or substituted service that the licensee must cease and desist all activity authorized by the license.
B. The notice shall include:
1. the fact of the suspension, the reasons for the suspension, and the duration of the suspension;
2. a statement that the licensee has the right to a hearing before the council within seven working days, and the date, time, and place of the hearing; and
3. a statement that the licensee must cease all activities under the license until the hearing is held and an order made by the council.
C. If the issuing officer determines that the licensee has corrected or eliminated the conduct or circumstances constituting the serious danger to public health or safety, then the issuing officer may lift the suspension. However, the violation may still be presented to the council as cause for revocation or the licensee may be cited for a violation of the law.
D. A suspension notice may also serve as notice of revocation, in which case the notice should state that fact and include all the information listed in BC 2.05.056.
E. In addition to the cease and desist order, the city attorney may pursue injunctive relief in the appropriate court.
F. The hearing provided for in subsection B of this section shall be conducted according to the procedures outlined in BC 2.05.056 through 2.05.058, except that, if the council determines the suspension was proper and orders revocation of the license, the effective date of revocation shall be the date that the licensee received notice from the city to cease and desist activity.
G. If the council determines that revocation is not necessary, then it may, in addition to the actions outlined in BC 2.05.058 A, order suspension of the license for a specified period of time or until the circumstances or conditions warranting suspension are rectified or corrected.
H. If the council determines that the suspension should be terminated and that revocation is not necessary, the licensee may resume lawful activities under the license immediately. A written order shall be issued within 30 days according to the requirements of BC 2.05.058 B.