5.05.180 Enforcement.
A. The license officer, all police and fire officers, and all city officials having duties to perform with reference to licenses and businesses shall have authority to conduct inspections and make all investigations of licenses, businesses and premises, as may be deemed necessary to the enforcement of these provisions.
B. All persons authorized herein to inspect licenses and businesses shall have the authority to enter, with or without search warrants, at all reasonable times, those premises:
1. For which a license is required;
2. For which a license was issued and which, at the time of inspection is made, are operating under such license; and
3. For which a license has been revoked or suspended.
C. Persons inspecting licenses, businesses, or premises as herein authorized shall report all violations of these provisions or any law or ordinance. The license officer shall issue to the affected person a provisional order to comply. The provisional order, and all other notices issued in compliance with these provisions, shall be in writing, shall be personally served and shall apprise the person affected of his specific violations. In the absence of his agent or employee a copy of such notice shall be affixed to some structure on the premises. Depositing such notice in the United States mail shall constitute service thereof. The provisional order shall require compliance within an appropriate period of personal service on the affected person.
1. Upon written application by the person affected before the expiration of the period for compliance, the license officer shall order a hearing. Notice of such hearing shall be given the affected person in writing seven days prior to said hearing. Upon written application, or on his own motion, the license officer shall have the authority, in a proper case, to extend the time for compliance, to grant a hearing date, and to change, modify or rescind any recommendation or order.
2. Upon failure or refusal of the violator to comply with the provisional order or with any order made after the hearing, the city council shall then declare the provisional order final.
3. The city council shall have the authority to suspend or revoke licenses upon making the provisional order final.
4. Upon revocation or suspension no refund of any portion of the license fee shall be made to the licensee and he shall immediately cease all business at all places under such license.
5. When the conduct of any licensee, agent or employee is so inimical to the public health, safety and general welfare as to constitute a nuisance and thus give rise to an emergency, the city council or license officer in the case of a special problem shall have the authority summarily to order the cessation of business and the closing of premises or to suspend or revoke the license.
a. Unless waived in writing within 30 days after the summary action is taken, a special hearing for such action shall be held in respect to the summary order before the city council. Notice of such hearing shall be given to the affected person in writing seven days prior to said hearing.
b. The findings of the city council shall be final and conclusive and shall be personally served upon the licensee as prescribed herein.
c. The amount of any unpaid fee, the payment of which is required hereunder, shall constitute a debt due to the city. The city attorney shall, at the direction of the city manager, institute civil suit in the name of the city to recover any unpaid fee.
No civil judgment, or any act by the city attorney, the license officer or the violator shall bar or prevent a criminal prosecution for each and every violation of these provisions. When a person is convicted of a violation of any provision of this code, any license previously issued to him by the city may be revoked by the city council. [Code 2000 § 16-1-18].