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5.53.100 Denial of Renewal, Suspension or Revocation of License

A. Denial of Renewal, Suspension or Revocation. The City Manager or his designee may deny renewal, suspend, revoke, modify, or place conditions on the continuation of an escort services license, escort license, or escort runner license upon a finding that the licensee:
1. Has violated any of the provisions of this chapter;
2. Has engaged in a specified criminal act; or
3. Has allowed or has permitted any other person to violate any of the provisions of this chapter or engage in a specified criminal act.
B. Other Enforcement Authorized. A licensee shall be entitled to a quasi-judicial hearing before the City Manager or his designee if the City seeks to deny renewal, suspend, revoke, modify, or place conditions on a license based on a violation of this chapter.
1. When there is probable cause to believe that a licensee has violated or permitted a violation of this chapter or other laws to occur, the City Attorney may file a written complaint with the City Manager or his designee setting forth the circumstances of the violation.
2. The City Manager or his designee shall send a copy of the complaint by certified mail, return receipt requested, to the licensee at the address as shown on the license application, together with a notice to appear before the City Manager or his designee for the purpose of a hearing to be conducted at a specified date and time and at a place designated in the notice to show cause why the licensee's license should not be suspended. Such hearing shall be held on a date not less than fourteen (14) days following the date of mailing of the complaint and notice to the licensee. A licensee may be represented at the hearing by an attorney or other representative.
C. Conduct of Hearing. At the hearing, the City Manager or his designee shall hear and consider such evidence and testimony presented by the Police Department or other enforcement officers, the City, the licensee, or any other witnesses called by the City or the licensee which are relevant to the violations alleged in the complaint. The City Manager or his designee shall conduct the hearing in conformity with quasi-judicial proceedings and shall permit the relevant testimony of witnesses, cross-examination, and presentation of relevant documents and other evidence. The hearing shall be recorded either stenographically or by electronic recording device. Any person requesting a transcript of such record shall pay the reasonable cost of preparing the record. Subpoenas may be issued in accordance with the provisions of Section 5.52.070.
D. Written Findings. The City Manager or his designee shall make written findings of fact from the statements and evidence offered and shall reach a conclusion as to whether the alleged violations occurred. Such written findings and conclusion shall be prepared and issued not less than fourteen (14) days following the conclusion of the hearing. If the City Manager or his designee determines that a violation did occur which warrants denial of renewal, suspension, revocation, modification, or conditioning of the license pursuant to this section, he shall also issue an order suspending, revoking, modifying, or placing conditions on the license. A copy of the findings, conclusion, and order shall be hand delivered or mailed to the licensee by certified mail, return receipt requested, at the address as shown on the license application.
E. Appeal. The order of the City Manager or his designee shall be a final decision and may be appealed to the District Court pursuant to Colorado Rules of Civil Procedure 106(a)(4). For purposes of any appeal to the District Court, the City Manager's or his designee's decision shall be final upon the earlier of the date of the applicant's receipt of the findings, conclusion, and order or four (4) days following the date of mailing of the City Manager's or his designee's decision.
F. "No Refund and Costs of Enforcement". In the event of suspension, revocation, modification, conditioning, or cessation of business, no portion of the license fee shall be refunded. Any person whose license is suspended, revoked, modified, or conditioned under this section, shall be required to pay the costs incurred by the City to enforce this ordinance, including but not limited to attorneys’ fees, expert witness and/or consultant fees. (Ord.O-2009-9 § 1, 2009)