§ 38A-8. Suspension or revocation of license.

A. 

Whenever it shall appear, to the satisfaction of the Town Clerk, that there has been any false statement, or any misrepresentation as to a material fact, in the application on which a license was based, or that any license has been issued in error, or that there has been a material failure to comply with any statute, ordinance, rule, or regulation, or with any condition upon which a license was granted, or that the further use of the license or the exercise of the privilege thereunder could cause or tend to cause injury, damage, or unreasonable annoyance to a reasonable person of normal sensitivities, or to property within the Town, the Town Clerk may, upon not less than five days' notice by certified mail, return receipt requested, suspend such license for a period not to exceed 30 days, without refunding any portion of the registration fee, or revoke the license.

B. 

Any applicant who shall have been denied a license under this chapter by the Town Clerk or whose license has been suspended or revoked by the Town Clerk may apply to the Town Board for review of the denial, suspension or revocation as herein provided.

(1) 

The application to review the Town Clerk's determination shall be in writing, signed and verified by the applicant, and shall state the reasons for claiming that the Town Clerk's determination was erroneous.

(2) 

The application must be filed with the Town Clerk within 20 days of the receipt by the applicant, either by mail or in person, of the notice of the denial, suspension or revocation.

(3) 

Upon the filing of the application for review, the Town Clerk shall request that the Town Board schedule, and the Town Board shall hold, a hearing at a date, place and hour designated by the Town Board, but in no event shall this date exceed 30 days from the date of the filing of the application for review.

(4) 

The Town Clerk shall give notice of the hearing, stating the name and address of the applicant or license holder concerned, the subject matter of the hearing and date, place and hour designated therefor by mailing a copy thereof to the applicant or license holder concerned at the address shown upon the most recent application or license 10 days before such hearing. No general public notice of the hearing shall be required if the hearing is held during a scheduled Town Board meeting.

(5) 

The applicant or licensee shall appear before the Town Board and show cause why the license should not be permanently denied, suspended or revoked and the failure of the licensee to appear at the time and place appointed shall, without more, be deemed adequate grounds for the denial, suspension or revocation of the license.

(6) 

Any individual or entity that has had a license revoked or an application for a license denied may not reapply for a license for a period of one year after the denial or revocation.