12-17-27 License Violation.
If grantee fails to perform in a timely manner any material obligation required by this article or a license granted hereunder, following notice from the grantor and an opportunity to cure such nonperformance, grantor may act to remedy such violation in accordance with the following procedures:
A. Grantor shall notify grantee of any alleged material violation in writing by personal delivery or registered or certified mail, and demand correction within a reasonable time, which shall not be less than ten (10) business days in the case of the failure of the grantee to pay any sum or other amount due the grantor under this article or the grantee’s license and thirty (30) days in all other cases.
B. If grantee fails either to correct the violation within the time prescribed or to commence correction of the violation within the time prescribed and thereafter diligently pursue correction of such violation, the grantor shall then give written notice of not less than twenty (20) business days of a public hearing to be held before the Council. Said notice shall specify the violations alleged to have occurred.
C. At the public hearing, the Council shall hear and consider relevant evidence and thereafter render findings and its decision. In the event that the Council finds that a material violation exists and that grantee has not corrected the same in a satisfactory manner or has not diligently commenced correction of such violation after notice thereof from grantor and is not diligently proceeding to fully remedy such violation, the Council may revoke the license or impose another penalty permitted by the license agreement.
1. The grantor shall give written notice to the grantee of its intent to revoke the license on the basis of a pattern of noncompliance by the grantee, including one (1) or more instances of substantial noncompliance with a material provision of the license. The notice shall set forth with specificity the exact nature of the noncompliance. The grantee shall have sixty (60) days from the receipt of the notice to object in writing and to state its reasons for such objection. In the event the grantor has not received a satisfactory response from the grantee, it may then seek termination of the license at a public hearing. The grantor shall cause to be served upon the grantee, at least ten (10) days prior to the public hearing, a written notice specifying the time and place of the hearing and stating its intent to request termination of the license.
2. At the hearing, the grantor shall give the grantee an opportunity to state its position on the matter, present evidence and question witnesses, after which it shall determine whether or not the license shall be revoked. The public hearing shall be on the record and a written transcript shall be made available to the grantee within ten (10) business days. The decision of the grantor shall be in writing and shall be delivered to the grantee. The grantee may appeal such determination to an appropriate court, which shall have the power to review the decision of the grantor and to modify or reverse such decision as justice may require. Such appeal to the appropriate court must be taken within sixty (60) days of the issuance of the determination of the grantor. ((O)07-35, 09/05/2007)