5.15.080 Revocation or suspension of license.
(a) The Police Chief, after notice and a hearing, may revoke or suspend an alarm business license issued hereunder if, after investigation, the Police Chief determines that the licensee, or if the licensee is an organization, any of its officers, directors, partners, associates or employees, has:
(1) Made any false statement or given any false information in connection with an application for a license or a renewal or a reinstatement thereof;
(2) Violated any provision hereof;
(3) Committed any act which would be grounds for denial of an application for a license;
(4) Failed to report to the Chief of Police, within five business days, any charge, arrest, judgment, conviction, sentencing or diversion for a criminal act set forth in this article that constitutes a reason for denial of a license.
(b) If the Police Chief revokes an alarm business license under the provisions of this section, the following procedure will apply:
(1) The Police Chief shall send to the licensee by certified mail, return receipt requested, written notice of the revocation, which shall include:
(i) Reason for revocation;
(ii) Effective time and date of revocation;
(iii) A statement regarding any action which may be taken so the license may be reinstated;
(iv) The date by which the licensee must surrender the license to the Police Chief; and
(v) A statement of the right to reconsideration of, and appeal from, the revocation and the procedure to be followed.
(2) The licensee may request reconsideration of the revocation by the Police Chief by filing a written request for a hearing within 10 days after receipt of the notice of revocation. The filing of the request for hearing shall stay the action of the Police Chief in revoking the license until the City Manager makes a final decision.
(3) If a request for hearing is not made within the 10 days, the action of the Police Chief shall be final.
(4) The City Manager shall serve as Hearing Officer on a reconsideration of a notice of revocation under this section and shall consider evidence presented by any interested person. The City Manager shall make a decision on the basis of a preponderance of the credible evidence presented at the hearing, which shall be recorded.
(5) The City Manager shall render a decision within 10 days of the hearing and that decision shall affirm, reverse or modify the action of the Police Chief. The City Manager shall send to the licensee by certified mail, return receipt requested, written notice of the decision with a copy to the Police Chief. This written notice shall include:
(i) If the action of the Police Chief is affirmed: the reason for such and date by which the licensee must surrender the license to the Police Chief;
(ii) If the action of the Police Chief is reversed: the reason for the reversal;
(iii) If the action of the Police Chief is modified: the reason for the modification decision and the extent of the modification;
(iv) The right of the licensee to appeal the decision of the Hearing Officer to the Governing Body of the City.
(6) In the event a licensee desires to appeal the decision of the City Manager to the Governing Body of the City, notice of such appeal shall be filed with the City Clerk within 10 days of the issuance of the City Manager’s opinion. Upon receipt of such notice, the City Clerk shall notify the City Manager who shall prepare the record of the hearing to include the transcript and exhibits and forward said record to the City Clerk within 10 days. The Governing Body of the City shall review the record so presented and either affirm or reverse the action of the City Manager. All such appeals to the Governing Body shall be on the record.
(c) If a license is revoked under this section, the licensee may be issued a new license if the reason for revocation is removed, the Police Chief is notified in writing of such removal, and the former licensee follows the procedure set forth herein for applying for an original license. (Ord. 19370 § 22, 3-23-10. Code 1995 § 30-457.)