Sec. 5A-9. Revocation of license.
Any license issued hereunder may, after public hearing, be revoked, altered, or suspended by the licensor as it deems necessary on any of the following grounds:
a. For willful false or misleading statements in, or material omissions from, any application;
b. For failure to file and maintain the faithful performance bond, security fund or insurance coverage or pay license fees as required under this chapter;
c. For repeated failure, as determined by the licensor, to maintain a safe industrial gas pipeline under the standards prescribed by this chapter and the license document;
d. For any sale, lease, assignment, or transfer of control of its license without prior written consent of the City;
e. For violation of material terms of this chapter or material terms of a license issued pursuant to this chapter;
f. Any instance in which all or part of licensee’s facilities are sold under an instrument to secure a debt and are not redeemed by licensee within 30 calendar days from said sale;
g. Any fraud or deceit by the licensee in its conduct or relations under the license;
h. Failure to meet any conditions established in a license or if the licensee fails to perform as required in areas designated as grounds for revocation in the license;
i. Willful or grossly negligent repeated violations of this chapter, the license or representations made in the application process, or any rule, order or regulation of the licensor.
Upon determination by the City Manager that one or more of the above grounds or other grounds for revocation, alteration or suspension of the license exists, the City shall notify the licensee of that determination and shall state the major causes and reasons supporting the determination. The licensee shall be granted ten calendar days to respond to the notification statement. The City shall consider the response of the licensee, if any, and may terminate, postpone for a period, or proceed with the revocation, alteration or suspension process. If the City proceeds with the revocation, alteration or suspension process, or reactivates a postponed proceeding, a statement of revocation, alteration or suspension shall be written stating the principal reasons for such action and a copy of the statement shall be sent by registered mail to the licensee at his principal place of business within the City. This statement and a notice of public hearing shall be published on the City’s website and in a newspaper of general circulation and a public hearing shall be scheduled 30 calendar days after publication. After such public hearing, the City Council shall take final action on the revocation, alteration or suspension of the license after completion of the public hearing.
Upon revocation of a license, the holders of the license shall immediately be divested without a further act upon the part of the licensor, and the licensee shall forthwith remove its structures or property from the public right-of-way and restore them to such condition as the licensor may require and upon failure to do so, the licensor may perform the work and collect the cost thereof from the licensee. At the option of City, licensee may abandon structures or property in place pursuant to Sections 5A-18(b) and (c). (Ord. No. G-2199, § 1; Ord. No. G-3961, § 1, 1996; Ord. No. G-7028, § 5, 2022)
State law reference—Termination of license authorized, A.R.S. § 9-553(B).