§ 110.17. CONDITIONS; NOTIFICATION; HEARING.

In the event that the business tax receipt taxee or his or her agent has been found guilty by the code enforcement board of three (3) or more violations of Chapter 99 of this City's Code of Ordinances within the preceding twelve (12) months, the City Manager or his or her designee may impose conditions on the business tax receipt that limit the business' ability to produce any live or amplified sound on that part of the premises that caused the violations pursuant to Section 99.08 of this City's Code of Ordinances.

Upon notice that the taxee or his or her agent has been found guilty of three (3) or more violations of Chapter 99 as above, the City may initiate the following procedure:

(A)

The City shall issue an order in writing to the taxee, by certified mail or hand delivery, notifying him to appear at an administrative hearing before the City Manager or his designee to be held at a time and place to be fixed on such an order, which date shall be not less than ten (10) days after service thereof.

(B)

The City Manager or his designee shall conduct the hearing at the time and place specified in the notice and make a determination pertaining to the disposition of the business tax receipt in question. The proceedings shall be informal but shall afford the taxee the right to testify in his own defense, present witnesses, be represented by legal counsel, submit relevant evidence, cross examine witnesses and object to evidence.

(C)

The proceedings shall be recorded and minutes kept by the City. Any taxee requiring verbatim minutes for judicial review may arrange for the services of a court reporter at his own expense.

(D)

Within ten (10) days of the close of the hearing, the City Manager or his designee shall render his decision in writing determining whether or not conditions shall be imposed on the tax receipt and stating his reasons and findings of fact.

(E)

The City Manager or his or her designee shall file his findings with the city clerk and shall send a true and correct copy of his order by certified mail, return receipt requested, or by hand delivery, to the business address listed on the business tax receipt or to any such other address as the taxee or applicant shall designate in writing.

(F)

The findings of the City Manager or his designee shall constitute the final administrative action of the City for the purposes of judicial review under state law.

(Ord. No. 16-13, § 2, passed 8/20/13)