A. The Town Clerk, upon notification by the Chief of Police, or his/her designee, that grounds for revocation exist, shall file a written petition for revocation with the Magistrate Court, requesting that a time and place be set for a hearing and specifying the grounds for revocation. Within five (5) days, the Magistrate shall schedule a hearing to be conducted within fifteen (15) days of the receipt of the petition to revoke. The Magistrate shall notify the parties in the manner provided in this article and shall state the grounds relied upon for the proposed revocation. Should the licensee fail to appear at the hearing, a default judgment of revocation shall be entered. A record shall be kept of all proceedings. No license shall be revoked unless grounds therefor are established by a preponderance of the evidence as shown by the record of the hearing. The hearing shall be held in an informal manner as to the order of proceeding and presentation of evidence with a record made. The Arizona Rules of Evidence may apply. However, the Magistrate shall admit evidence over hearsay objections where the proffered evidence has substantial probative value and reliability. Copies of records and documents prepared in the ordinary course of business shall be admitted, but subject to challenge as to weight and authenticity. The Magistrate shall provide the licensee and other parties written notice of the decision within five (5) days, pursuant to subsection (B) of this section. Revocation of a license shall be affected by the Magistrate’s signing of the written notice of the decision. Appeal of the decision of the Magistrate shall be by way of special action to the superior court on the record of the hearing. A licensee’s right to do business under authority of the license shall terminate immediately upon giving or mailing to the licensee a copy of a signed decision revoking the license except that the revocation may be stayed by the superior court pending a timely appeal of the decision by special action. Such appeal must be filed within ten (10) days after the decision to revoke is signed unless the decision is mailed, in which case the appeal must be filed no later than fifteen (15) days after entry of the decision. The appellee shall bear the cost of preparing the record of appeal. If an appeal is not timely made, the revocation becomes final and the license is terminated.

B. Notices required by this article may be served by certified mail to the licensee’s attorney, to the licensee at the address as shown on the business license or by personal service.

C. Upon revocation of a license, all fees or taxes theretofore paid for or on account of any such license shall be forfeited to the Town. ((O)11-03, 02/02/2011)