A. The City Clerk may suspend or revoke any license issued pursuant to this chapter for a period of time not to exceed one year where one or more of the following conditions exist:
1. The license was procured by fraud or false representation of fact in the application or in any report or record required to be filed with the Clerk;
2. The building, structure, equipment, operation or location of the business for which the license was issued does not comply with the requirements or fails to meet the standards of this chapter;
3. The applicant, applicant control person, manager, assistant manager, projectionist, usher, adult entertainer, or security personnel has violated or permitted violation of any of the provisions of this chapter.
B. The procedure for revoking or suspending a license under this chapter shall be the following: Upon determining that grounds for revocation or suspension exist, the City Clerk shall send the licensee a notice of intent to revoke or suspend the license. Such notice shall set forth the grounds for suspension or revocation and schedule a hearing before the Hearing Examiner. The Hearing Examiner is hereby specifically authorized to conduct said hearing in accordance with the following procedures (and not the procedures of Chapter 2.33 of the Snohomish Municipal Code):
1. The hearing shall be held no earlier than three (3) and no later than ten (10) working days from the date of notice of intent to revoke.
2. The licensee shall be permitted to present evidence in support of his position at the hearing.
3. Within two working days after the hearing, the Hearing Examiner shall notify the licensee in writing of his/her determination and reasons therefor.
4. Should the licensee disagree with the determination, he/she must file a notice of non-acceptance with the City Attorney’s office within ten (10) working days of receipt of the Hearing Examiner’s determination.
5. In the event that a notice of non-acceptance is not filed, the Hearing Examiner’s determination shall become final and the suspension/revocation shall be given immediate effect.
C. The City shall, within five (5) working days following receipt of a notice of non-acceptance, file a complaint with the Superior Court enjoining the licensee from operating his/her business or acting pursuant to his/her license. The burden of proof shall be on the City. The status quo shall be maintained and the Clerk’s determination of revocation or suspension shall not be effective until a final judicial determination on the merits affirming the suspension/revocation is rendered.