§ 3-99. Revocation of permit.  


Latest version.
  • (a)

    Every permit granted under this division shall be subject to all applicable laws, ordinances and regulations.

    (b)

    The Chief Administrative Officer may, after notice and hearing, take such action as is allowed pursuant to Subsection (d) of this section if he finds, by a preponderance of the evidence presented at such hearing, that:

    (1)

    Three or more violations of this article have occurred at the public dance hall within a 12-month period;

    (2)

    The public dance hall has become a meeting place for persons committing serious criminal violations of the law on or immediately adjacent to the premises so frequent and serious as to be deemed a continuing threat to public safety;

    (3)

    A violation of any of the provisions of the Virginia Fire Prevention Code, the Virginia Uniform Statewide Building Code, Chapter 30 of this Code, or public health regulations has occurred at the public dance hall;

    (4)

    The application contains any misrepresentation, misstatement or omission, intentional or inadvertent, concerning any information required to be provided in, or in connection with, the application;

    (5)

    The permit has been assigned or otherwise transferred, or the permit holder has failed to provide the Chief Administrative Officer with the information required by Section 3-101;

    (6)

    Any person whose name is required to be set forth in the application pursuant to Section 3-97 fails to make any filing required by Chapter 26 or to pay any taxes, fees or other monies due the City from that person;

    (7)

    The applicant fails to renew his business license as required by Chapter 26;

    (8)

    Conduct punishable under Code of Virginia, title 18.2, ch. 4, art. 2.1 (Code of Virginia, § 18.2-46.1 et seq.), concerning crimes by gangs, has occurred on the premises of the public dance hall or immediately adjacent to such premises; or

    (9)

    Any of the conditions upon which the permit was granted pursuant to Section 3-98(a) are violated.

    (c)

    Upon the submission by the Chief of Police or his designee of a written complaint to the Chief Administrative Officer, setting forth facts which, if proven, would constitute grounds for taking any of the actions set forth in Subsection (d) of this section, the Chief Administrative Officer shall promptly notify the permit holder, or his designee for receiving notice, of such complaint and schedule a hearing thereon within five days of the Chief Administrative Officer's receipt of the written complaint. Such grounds shall be limited to those set forth in Subsection (b) of this section. The notice shall be personally delivered or sent by certified or regular mail to the person designated to receive such notices and shall:

    (1)

    Set forth the grounds and the facts upon which the complaint is based or, alternatively, make reference to the complaint and contain a copy of such complaint as an attachment;

    (2)

    State the actions which may be taken by the Chief Administrative Officer pursuant to Subsection (d) if this section or, alternatively, make reference to this section and contain a copy thereof as an attachment;

    (3)

    State the date, time and place of such hearing, which shall not be held less than seven days after the date the notice is mailed or delivered; and

    (4)

    State that the applicant is entitled to be present at the hearing, in person or by a representative, and to present evidence on his behalf.

    (d)

    If the Chief Administrative Officer finds, by a preponderance of the evidence presented at such hearing, that one or more of the grounds alleged in the complaint have been proven, he may:

    (1)

    Revoke the permit;

    (2)

    Suspend the permit until the applicant has abated the violations alleged in the complaint that the Chief Administrative Officer has found to have been proven; or

    (3)

    Require the posting of a bond, in an amount and form satisfactory to the Chief Administrative Officer, securing to the City the compliance with all applicable laws, ordinances and regulations.

    The Chief Administrative Officer shall render a decision in writing to the permit holder within ten days of the date of the hearing and shall promptly notify the permit holder, or the person designated to receive notices, and the owner of the property at which the public dance hall is located, if a person other than the permit holder, of the action taken by the Chief Administrative Officer. Such notice shall be personally delivered or sent by certified or registered mail.

    (e)

    Any permit holder aggrieved by a decision of the Chief Administrative Officer may appeal such action to the circuit court by proper application filed within 30 days from the date of such decision; provided, however, that the commencement of such appeal shall not stay the action of the Chief Administrative Officer. Upon the filing of such application, the court may issue a writ of certiorari ordering the Chief Administrative Officer to produce within the time prescribed by the court, but not less than ten days, the record of his action and the documents that he considered in making the decision appealed. The Chief Administrative Officer may comply with such writ by producing certified or sworn copies of the record and documents rather than the original record and documents. In addition, the Chief Administrative Officer may submit, in writing and verified by affidavit, such other facts as may be pertinent and material to show the grounds of the decision appealed. The court shall review the record, documents and other materials produced by the Chief Administrative Officer pursuant to the issuance of the writ and may reverse or modify the decision reviewed, in whole or in part, when the court is satisfied that the decision of the Chief Administrative Officer is contrary to law or that his decision is arbitrary and constitutes an abuse of discretion. The court shall affirm the decision unless it finds that the decision is contrary to law or is arbitrary and constitutes an abuse of discretion. If the court finds that the testimony of witnesses is necessary for a proper disposition of the matter, it may hear such evidence.

    (Code 1993, § 3-69; Code 2004, § 6-159; Ord. No. 2004-175-165, § 1, 6-28-2004; Ord. No. 2004-360-330, § 1, 12-13-2004; Ord. No. 2010-113-159, § 1, 9-13-2010)

(Code 1993, § 3-69; Code 2004, § 6-159; Ord. No. 2004-175-165, § 1, 6-28-2004; Ord. No. 2004-360-330, § 1, 12-13-2004; Ord. No. 2010-113-159, § 1, 9-13-2010)