§ 19-130. Suspension or revocation of permit.

(a)

The chief of police may suspend or revoke a permit issued under this article for the following reasons:

(1)

The permit holder has made a false statement or given any false information in connection with an application for a permit or a renewal or a reinstatement.

(2)

The permit holder has violated any provisions of this article.

(3)

The permit holder fails to maintain the insurance required by this article.

(4)

The permit holder has violated any rule of the chief of police adopted pursuant to the authority contained in this article.

(5)

The permit holder has been convicted of a felony, an offense of moral turpitude, or illegally using, carrying or possessing a dangerous weapon. The record of conviction, or a certified copy, shall be conclusive evidence of such conviction. A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction.

(6)

The permit holder has been charged with a felony. In the event the permit holder is charged with a felony, the permit will be suspended pending disposition of the charges.

(7)

The permit holder has impersonated or permitted or aided and abetted a person to impersonate a law enforcement officer or employee of the United States or of any state or political subdivision.

(8)

The permit holder interferes with a law enforcement officer in the performance of the law enforcement officer's duties.

(9)

The permit holder interferes with an investigation conducted by a law enforcement agency.

(10)

The permit holder has committed or permitted any act while the permit was expired which would be cause for the suspension or revocation of a permit.

(11)

The permit holder has accepted employment with a private security business without having obtained a permit to act as a private security officer.

(12)

The permit holder has committed assault, battery, or kidnapping or used force or violence on any person without proper justification.

(13)

The permit holder has committed any act that is grounds for denial of a permit under this article.

(b)

Whenever the chief of police has knowledge of any action or condition which would constitute grounds for the suspension or revocation of any permit or has reasonable cause to believe such grounds exist, the chief of police shall hold a hearing to ascertain all facts in the matter and determine whether or not the permit should be suspended or revoked. Not less than ten days' prior written notice shall be served on the permit holder by personal service or by certified or registered mail to such person's last known business or residence address, setting out the reason for the hearing and the conditions under which the hearing will be held. The permit holder shall have full right to be represented by counsel, to produce witnesses and to cross examine all witnesses. All procedures in such hearings shall be recorded stenographically, mechanically or electronically, or by a combination and shall be transcribed at the expense of the party requesting the transcription.

(c)

Subpoenas shall be issued by the chief of police for any witness whose presence is desired at such hearing, and such subpoenas may be served by any member of the police department.

(d)

The chief of police shall preside at the hearing. Witnesses may also appear voluntarily at such hearings and testify. The chief of police's decision and order shall be in writing.

(e)

Any person affected by the action of the chief of police in suspending or revoking a permit may appeal such action to the county administrator, who shall review the record made at the hearing called for in this section and, on the basis of the review, shall affirm, reverse or modify the action of the chief of police. Any person affected by the action of the county administrator in upholding a suspension or revocation of a permit may appeal such action to the unified government board of commissioners, which shall review the record made at the hearing called for in this section and, on the basis of the review, shall affirm, reverse or modify the action of the county administrator. Appeals under this section shall be made within 15 days of the date of the decision appealed from.

(Code 1988, § 19-228; Ord. No. 65892, § 1, 4-7-1994)