Ordinance 1999-1298 - Laserfiche WebLink

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5.18.240 Suspension or revocation hearing. A. A licensee shall be entitled to a hearing before the licensing officer if the City seeks to suspend or revoke his or her sexually oriented business license based on a violation of this Chapter or any other section of this Code regulating sexually oriented businesses. The business may continue to operate during the hearing process. B. When there is probable cause to believe that a cause for suspension or revocation exists, the city attorney may file a written complaint with the licensing officer setting forth the circumstances of the alleged violation. C. The licensing officer shall provide a copy of the complaint to the licensee, together with notice to appear before the licensing officer for the purpose of a hearing on a specified date to show cause why the licensee's sexually oriented business license should not be suspended or revoked. D. At the hearing, the licensing officer shall hear such statements and consider such evidence as the police department or other enforcement officers, the owner, occupant, lessee, or other party in interest, or any other witness shall offer which is relevant to the violation alleged in the complaint. The licensing officer shall make findings of fact from the statements and evidence offered as to whether the violation occurred in or near the licensed establishment. If the licensing officer determines that a cause for suspension or revocation exists, he or she shall issue an order suspending or revoking the sexually oriented business license within thirty (30) days after the hearing is concluded based on the findings of fact. A copy of the order shall be mailed to or served on the licensee at the address on the license. E. The order of the licensing officer made pursuant to subsection D above shall be a final decision and may be appealed to the district court pursuant to Colorado Rules of Civil Procedure 106(A)(4). Failure of a licensee to timely appeal said order constitutes a waiver by him or her of any right he or she may otherwise have to contest the suspension or revocation of the sexually oriented business license. F. The licensing officer shall have the power to administer oaths, issue subpoenas, and when necessary grant continuances. Subpoenas may be issued to require the presence of persons and production of papers, books, and records necessary to the determination of any hearing which the licensing officer conducts. It is unlawful for any person to fail to comply with any subpoena issued by the licensing officer. A subpoena shall be served in the same manner as a subpoena issued by the district court of the State of Colorado. G. All hearings held before the licensing officer regarding suspension or revocation of a sexually oriented business license issued under this ordinance shall be recorded stenographically or by electronic recording device. Any person requesting a transcript of such record shall post a deposit in the amount required by the licensing officer, and shall pay all costs of preparing such record. H. In the event of suspension, revocation, or cessation of business, no portion of the sexually oriented business license fee shall be refunded. 5.18.250 Transfer of sexually oriented business license. A. A licensee shall not operate a sexually oriented business under the authority of a sexually oriented business license at any place other than the address designated in the application for sexually oriented business license. B. A licensee shall not transfer his or her sexually oriented business license to another person unless and until such other person satisfies the following requirements: 1. Obtains an amendment to the sexually oriented business license from the licensing officer which provides that he or she is now the licensee, which amendment may be obtained only if he or she has completed and properly filed an application with the licensing officer setting forth the 23_