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2006-03-03
CITY-OF-BATESVILLE
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2006-03-03
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In the event that the Enforcement officer determines that one (1) of the above described <br /> incidents has occurred, and determines that suspension of the business license is <br /> appropriate, the Enforcement officer must give notice in writing by certified mail, return <br /> receipt requested, of each of the above reasons which support the suspension of the <br /> business license, including the date or dates when each such incident occurred. Such <br /> notice shall be given within thirty (30) days of the incident or incidences for which the <br /> business is being cited, or within thirty (30) days of the conclusion of the Enforcement <br /> officer's investigation, whichever is earlier. <br /> A licensee may appeal the decision of the Enforcement officer regarding a suspension <br /> to the City Council by filing a written notice of appeal with the city clerk within fifteen (15) <br /> days after service of notice upon the licensee of the Enforcement officer's decision. The <br /> notice of appeal shall be accompanied by a memorandum or other writing setting out <br /> fully the grounds for such appeal and all arguments in support thereof. The Enforcement <br /> officer may, within fifteen (15) days of service upon him of the licensee's memorandum, <br /> submit a memorandum in response to the memorandum filed by the licensee on appeal <br /> to the City Council. After reviewing such memoranda, as well as the Enforcement <br /> officer's written decision, if any, and exhibits submitted to the Enforcement officer, the <br /> City Council shall vote either to uphold or overrule the Enforcement officer's decision. <br /> Such a vote shall be taken within twenty-one (21) calendar days after the date on which <br /> the city clerk receives the notice of appeal. <br /> Judicial review of a suspension by the Enforcement officer and the City Council may be <br /> made pursuant to "ARTICLE XI, Judicial Review" of this Ordinance. During the <br /> pendency of the appeal, the status quo shall be maintained such that the licensee shall <br /> continue to be allowed to operate its business pursuant to its license and pursuant to <br /> this Ordinance. <br /> ARTICLE X Revocation. <br /> The Enforcement officer shall revoke a license for one (1) year from the date the <br /> revocation becomes effective if he determines that any of the grounds for suspension <br /> set forth in "ARTICLE IX, Suspension", is proven by clear and convincing evidence, and <br /> that the license has already been suspended within the preceding twelve (12) months; <br /> or that the business operated while its license was suspended. <br /> A licensee may appeal the decision of the Enforcement officer regarding a revocation to <br /> the City Council by filing a written notice of appeal with the city clerk within fifteen (15) <br /> days after service of notice upon the licensee of the Enforcement officer's decision. The <br /> notice of appeal shall be accompanied by a memorandum or other writing setting out <br /> fully the grounds for such appeal and all arguments in support thereof. The Enforcement <br /> officer may, within fifteen (15) days of service upon him of the licensee's memorandum, <br /> submit a memorandum in response to the memorandum filed by the licensee on appeal <br /> to the City Council. After reviewing such memoranda, as well as the Enforcement <br /> officer's written decision, if any, and exhibits submitted to the Enforcement officer, the <br /> City Council shall vote either to uphold or overrule the Enforcement officer's decision. <br />
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