§ 8AA-72. Procedures for termination.

The license may be terminated in accordance with the following procedures:

(a)

The County Manager shall notify the licensee in writing of the exact nature of the alleged violation constituting a ground for termination and give the licensee sixty (60) days, or such other greater amount of time as the County Manager may specify, to correct such violation or to present facts and argument in refutation of the alleged violation.

(b)

If within the designated time the licensee does not remedy and/or put an end to the alleged violation, or if corrective action is not being actively and expeditiously pursued, the Commission, after a public hearing, may direct the termination of the license if it determines that such action is warranted.

(c)

Prior to the public hearing, the Commission may order an administrative hearing. The County Manager shall initiate an administrative proceeding by issuing a hearing order which establishes the issues to be addressed in the hearing and the procedures to be followed, and the Manager shall appoint a presiding officer for the hearing. Upon completion of the hearing, the presiding officer shall issue a recommended decision. Parties to the hearing and the public shall have thirty (30) calendar days to comment on the recommended decision after its issuance. Within thirty (30) days after the receipt of comments, the County Manager may submit recommendations to the Commission on whether to terminate the license.

(d)

Following the public hearing the Commission shall determine whether or not to revoke the license based on any recommended decision, the evidence and argument presented at the hearing, any recommendations of the County Manager, and other evidence of record. The Commission's determination shall be reflected in a written opinion setting forth the reasons for its decisions.

(e)

Any license may, at the option of the County following a public hearing before the Commission, be revoked one hundred twenty (120) calendar days after an assignment for the benefit of creditors or the appointment of a receiver or trustee to take over the business of the licensee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceedings, unless within that one-hundred-twenty-day period:

(1)

Such assignment, receivership or trusteeship has been vacated; or

(2)

Such assignee, receiver or trustee has fully complied with the terms and conditions of this chapter and the license hereunder and has executed an agreement, approved by the court having jurisdiction, assuming and agreeing to be bound by the terms, and conditions of the license.

(f)

In the event of foreclosure or other judicial sale of any of the facilities, equipment or property of the licensee, the County may revoke the license, following a public hearing before the Commission, by serving notice upon the licensee and the successful bidder at the sale, in which event the license and all rights and privileges of the license will be revoked ninety (90) calendar days after serving such notice, unless:

(1)

The County has approved the transfer of the license to the successful bidder; and

(2)

The successful bidder has covenated and agreed with the County to assume and be bound by the terms and conditions of the license.

(Ord. No. 90-73, § 1, 7-24-90)