§ 12-2. Violations on business premises; closing order; appeals; hearing.

(a)

Should any violation of the sanitary code of the city, or any other unlawful or prohibited conduct occur in or on any licensed business premises within the city, the city manager may order such place of business immediately closed to the public.

(b)

Within twenty-four (24) hours after the issuance of any order immediately closing a business to the public, the police department shall furnish to the licensee of such affected business a written statement or notice of the reasons or circumstances upon which such immediate closing order was issued.

(c)

Following the issuance of such immediate closing order, such place of business shall remain closed to the public unless and until the circumstances necessitating the issuance of the order have been properly corrected and such corrections adequately demonstrated.

(d)

Any person affected by the issuance of an immediate closing order shall have the absolute right to petition the city to set aside or modify the order.

(e)

Immediately upon the filing in the office of the city manager of a written petition to set aside or modify the immediate closing order, the city manager shall notify the city council which shall promptly provide for a public hearing upon the petition at a reasonable time and place and after reasonable notice thereof. The city council shall promptly conduct a fact-finding proceeding using, as nearly as practicable, state court rules of evidence and applicable procedures set forth in the F.S. Ch. 120.

(f)

Upon the conclusion of the hearing, the city council shall affirm, set aside or modify the immediate closing order. The decision shall promptly be entered in written form and copies thereof furnished all affected persons.

(g)

The decision of the city council shall be subject to review by certiorari in the circuit court of the county.

(Code 1959, § 12-2; Ord. No. 1996-19, § 1, 10-7-96)