§ 19-131. Suspension or revocation of license.

(a)

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

(1)

The license was obtained by misrepresentation or fraud, including giving any false information in connection with the application for a license or a renewal or reinstatement.

(2)

The license holder has violated any provisions of this article.

(3)

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

(4)

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

(5)

The license holder has been convicted of a felony, of any offense of moral turpitude, or of concealing 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 license holder has been charged with a felony. In the event the license holder is charged with a felony, the license will be suspended pending disposition of the charges.

(7)

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

(8)

The license holder has committed or permitted an employee to commit any act while the license was expired which would be cause for the suspension or revocation of a license.

(9)

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

(10)

The license holder has knowingly violated, advised, encouraged, or assisted the violation of any court order or injunction in the course of business.

(11)

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

(12)

The license holder has used any letterhead, advertisement or other printed matter, or in any manner whatsoever represented that he is an instrumentality of the federal government, state or any political subdivision.

(13)

The license holder has used in any advertisement, solicitation or contract for business a name different from that under which such person is currently licensed.

(b)

For purposes of this section, any act by an employee, agent, officer, director, partner, or joint venturer of the license holder is deemed to be an act of the license holder.

(c)

Whenever the chief of police has knowledge of any action or condition that would constitute grounds for the suspension or revocation of any license 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 license should be suspended or revoked. Not less than ten days' prior written notice shall be served on the license 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 license 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.

(d)

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 license department.

(e)

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

(f)

Any person affected by the action of the chief of police in suspending or revoking a license 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 license 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 five days of the date of the decision appealed from.

(Code 1988, § 19-229; Ord. No. 65892, § 1, 4-7-1994)