§ 5.44.060. Suspension or revocation of permit—Notice—Hearing.

A.

The city may institute proceedings for the suspension or revocation of any permit issued pursuant to this chapter or the Pawnbrokers Act upon the filing of a written complaint by the Clovis police department, the designated representative of that local law enforcement agency or the attorney general, charging the permit holder or an employee thereof, of having violated any provision of the Pawnbrokers Act.

B.

The city shall serve written notice upon the permit holder of the alleged violation. The notice requirement is satisfied if personal service of the notice is had upon the holder of the permit or is posted in a conspicuous place upon the permit holder's place of business.

C.

The city shall set a date for hearing on the complaint before the Clovis city commission not more than ten days, nor less than five days, after the date of notice unless waived by all parties thereto. The notice provided for in subsection B of this section shall specify the date and time of the hearing.

D.

The permit holder and any other interested person shall have the right to appear at this administrative hearing and to produce evidence. The rules of evidence shall not apply. If, after holding this hearing, the Clovis city commission determines that the permit holder is in violation of the provisions of this chapter or the Pawnbrokers Act as charged in the complaint, the city commission shall issue a written order. The order may suspend the permit for a stated period of time or permanently revoke the permit. The city commission shall cause such order to be served upon the permit holder and filed in the office of the clerk for public inspection within five business days after the hearing. Service of the order on the permit holder shall be as specified in subsection B of this section, and the official serving the order shall have the authority to remove the permit from the premises and deliver that permit to the city clerk. This hearing shall be the final administrative remedy.

(Ord. 1267-85 § 6, 1985).