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2006-03-03
CITY-OF-BATESVILLE
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2006-03-03
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the memorandum filed by the licensee on appeal to the City Council. After reviewing <br /> such memoranda, as well as the Enforcement officer's written decision, if any, and <br /> exhibits submitted to the Enforcement officer, the City Council shall vote either to uphold <br /> or overrule the Enforcement officer's decision. Such a vote shall be taken within twenty- <br /> one (21) calendar days after the date on which the city clerk receives the notice of <br /> appeal. Judicial review of a fine by the Enforcement officer and the City Council may be <br /> made pursuant to "ARTICLE XI, Judicial Review" of this Ordinance. <br /> Furthermore, judicial review of a suspension by the Enforcement officer and the City <br /> Council may be made pursuant to "ARTICLE XI, Judicial Review" of this Ordinance. <br /> During the pendency of the appeal, the status quo shall be maintained such that the <br /> licensee shall continue to be allowed to operate its business pursuant to its license and <br /> pursuant to this Ordinance. This section in no way is intended to replace or substitute <br /> for other criminal penalties which may apply under local, state or federal law for any of <br /> the activities enumerated above. <br /> ARTICLE VIV Suspension. <br /> The Enforcement officer shall suspend the license of a business licensee and/or any <br /> person who is an operator, as the case may be, for a period not to exceed thirty (30) <br /> days if he determines by clear and convincing evidence that: <br /> (1) A business licensee intentionally answered falsely a material question or <br /> request for information during the application process; <br /> (2) A business licensee or an individual operator is convicted of a "specified <br /> criminal activity" on a charge that was pending prior to the issuance of the <br /> license; <br /> (3) A business licensee or an individual operator has, with knowledge, permitted <br /> prostitution on the premises; <br /> (4) A business licensee or an individual operator has been fined for the same <br /> offense, of those offenses listed in "ARTICLE VIII. Assessment of fines", three (3) <br /> times or more, and the dates of those offenses occurred within a twelve-month <br /> period; or <br /> (5) A business licensee or an individual operator is overdue in payment to the <br /> city of taxes, fees, fines, or penalties assessed against or imposed upon him/her <br /> in relation to any business. A licensee found in violation in this regard will have all <br /> rights and remedies set forth in "ARTICLE IV, Issuance of License" (h) to attempt <br /> to remedy any such deficiency before any suspension of the license may occur. <br /> If a business licensee is suspended by the Enforcement officer more than one time in a <br /> twelve-month period, the license shall be revoked in accordance with "ARTICLE X, <br /> Revocation". <br />
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