Sec. 44-944. - Renewal.

Any special permit issued under this division, which has not been previously revoked, may be renewed by filing a request for renewal accompanied by payment of the renewal fee. This request shall be filed with the City Manager at least 15 days prior to the date of expiration.

(1)

Reissuance. If, in the judgment of the review authority, the continued operation of the activity under the terms and conditions of the existing special permit will conform with the peace, health, safety, convenience, good morals, and general welfare of the public and all land use regulations and other applicable municipal ordinances and regulations thereunder have been complied with, the review authority shall reissue the special permit for an additional period of one year or other term if a different period of validity was specified in the original special permit.

(2)

Reconsideration by City Council. If the request for renewal is filed later than 15 days prior to the date of expiration or if the review authority determines that the continued operation of activity under the terms and conditions of the existing special permit will not comport with the peace, health, safety, convenience, good morals, and general welfare of the public or will not comply with the ordinances or regulations of the City, the review authority shall deny the extension; such denial is subject to the right of the applicant to appeal as provided by this Code.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-945. - Violations; revocations.

(a)

Permits required by all employees and operators. Every person, except those persons who are specifically exempted by this division, must obtain a valid special permit from the City. This includes one acting as an individual, owner, employee of the owner, operator, or employee of the operator; or one acting as a helper for the owner, employee, or operator; or one acting as a participant or worker in any way, who does or practices any of the other things or acts mentioned in this division for which a special permit is required. Any person that engages in an activity which requires a special permit without first obtaining a valid special permit from the City shall be guilty of a misdemeanor.

(b)

Activities that constitute a public nuisance. Any establishment regulated by this article, operated, conducted, or maintained contrary to the provisions of this division or not in compliance with all City, State, and federal laws and regulations shall be declared to be unlawful and a public nuisance. The City Attorney may prosecute a criminal action hereunder. The City Attorney may, in lieu of prosecution, commence an action, proceeding for the abatement, removal, and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishments and restrain and enjoin any person from operating, conducting, or maintaining an establishment contrary to the provisions of this chapter.

(c)

Employment of persons without a valid permit. Any owner, operator, manager, or permittee in charge or in control of an establishment that requires a special permit and who knowingly employs a person performing an action regulated by this Code who is not in possession of a valid special permit, or who allows such an employee to perform, operate, or practice within such a place of business, is guilty of a misdemeanor.

(d)

Revocation; conditions or compliance standards. The review authority may at any time revoke or

temporarily suspend such special permits where the holder thereof or any person responsible for the management or supervision of the activity in question violates or permits any infraction of any law of the State or of any ordinance or regulation of the City, including any condition or restriction imposed upon issuance of the special permit or where the permittee obtained the special permit by misrepresentation or where the review authority becomes satisfied for any reason that the conduct of the activity under the existing conditions or restrictions imposed under the terms of the special permit does not or will not comport with the peace, health, safety, convenience, good morals, and general welfare of the public or comply with the ordinances or regulations of the City. Special permits shall not be revoked under the provisions of this division unless a public hearing is conducted in compliance with Article IV, Division 2.

(e)

Process for revocation. Any special permit may be temporarily suspended by the review authority prior to notice of public hearings. Adequate notice of a public hearing at which the revocation of a special permit is to be considered shall be deemed to be given if a certified letter, addressed to the permittee at the address given in the application, is deposited in the mail by the City Clerk at least ten days before the hearing. At such public hearing, the permittee shall be given the opportunity to submit written statements, appear in person, and present witnesses.

(Ord. No. 2015-01, § 3, 5-5-2015)