Sec. 5-65. Hearing by City Council.
A. If a public hearing before the City Council is requested by the licensee pursuant to Section 5-64, it will be on the record of the proceeding before the City Manager and it will convene within 30 days of the request. The City Council’s decision, which must include findings of fact, must be made not later than 45 calendar days after the conclusion of the hearing. In that decision, the City Council may:
1. Find that the licensee is not in violation of the terms of the license;
2. Find that the licensee is in violation but that such violation was with just cause and waive any liquidated damages or penalty that may otherwise be imposed;
3. Find that the licensee is in violation of the terms of the license, take corrective action and foreclose on all or any appropriate part of the security fund provided pursuant to Section 5-31 to pay the cost thereof;
4. Find that the licensee is in violation of the terms of the license and impose liquidated damages in an amount no larger than imposed by the City Manager;
5. In the case of a material violation of the license within the meaning of Section 5-61, declare the licensee in violation and, to the extent the City Manager so acted, revoke, alter or suspend the license;
6. Find that the licensee is in violation of the system construction and to the extent the City Manager so acted shorten the term pursuant to Section 5-62;
7. Find that the licensee is in violation of the terms of the license and exercise such remedies as provided by the license for such violation.
B. The City Council may delegate to a subcommittee of the City Council or an administrative hearing officer selected by the City Council the holding of a public hearing as required herein; provided, however, that the findings of fact and any decision of such subcommittee or administrative hearing officer will be submitted as a recommendation to the City Council for final action. (Ord. No. G-6034, 2015)