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(A) Limitation on new applications. If an application is denied, the Tax Administrator or his or her designee shall not process a new application by that applicant for the business activity described in the application for 12 months after the denial unless the Tax Administrator or his or her designee determines that the reason for the denial has been cured. The Tax Administrator or his or her designee shall refund business license taxes, but not any separate application fee, paid for a business license that is denied or withdrawn.
(B) Appealability. Any person aggrieved by the grant or denial of an application for a business may appeal that decision pursuant to Chapter 4 of Title 1 of the Antioch Municipal Code. If the business involves First Amendment activity, or for a license to manage such an establishment, then at the discretion of the City Manager, the City Manager or designee may hear that appeal if it is not possible to convene a quorum of the Board of Administrative Appeals in a timely manner. In such situation the City Manager or designee shall act on that appeal and render a written decision within seven days of receipt of a timely appeal unless the appellant should consent to decision at a later time.
(Ord. 2082-C-S, passed 3-25-14)
Separate licenses shall be obtained for each kind or class of business carried on at a location; provided, however, any person carrying on a business at one location containing several departments, all of which are presided over and carried on exclusively by such person as proprietor or by members of his or her immediate family (parents, spouse, or children) need pay only one license tax which shall be the full license tax of whichever business activity is subject to the highest license tax under this chapter.
(Ord. 2082-C-S, passed 3-25-14)
(A) Generally. The operative date for a business license shall be the date the completed and approved application is processed.
(B) Renewals. The operative date for a business license renewal shall be from the first day of the month following the expiration date.
(Ord. 2082-C-S, passed 3-25-14)
(A) Generally. Except as otherwise provided in division (E) of this section, when an applicant submits a timely business license renewal, the Tax Administrator or his or her designee shall renew the license effective the first day of the month following the expiration date.
(B) Renewal application deadlines. Every person desiring to continue in business after the expiration of a license shall apply for renewal not less than 30 days after expiration of the license. In the case of a business activity having a fixed location, a license for a different location shall be reviewed as a new application rather than as a renewal.
(C) Conduct of business after expiration of license. In recognition of the fact that applications for renewal of a business license are submitted after the expiration date the 30 day renewal grace period is from the expiration date in which to renew without penalties.
(D) Late application. Failure to file an application to renew a business license within the 30 days permitted by § 3-1.120 is a violation of this Code punishable as set forth in Chapter 2 of Title 1. However, a licensee may submit a late application which shall be processed with appropriate delinquent penalties assessed after 30, 60 and 90 days. The city does not honor post mark dates; an application is considered received when physically delivered to City Hall.
(E) Imposition of conditions on renewal/hearings. Upon 30 days' written notice to a licensee, the Tax Administrator or his or her designee may impose conditions on renewal of a license as may be required to ensure the business operates consistently with the requirements of this Code and the public health, safety and welfare provided, however, that conditions limiting hours of operation must be approved by the City Manager.
(F) Appeal of conditions of renewal. Any person aggrieved by the imposition of conditions on a renewal may request review by the City Manager by a writing submitted to the City Clerk within 30 days of the decision to be reviewed.
(G) Associated fees. No license shall be renewed unless all other city fees and taxes owed by the applicant are paid in full.
(H) Refunds. Payment of business license is final and non refundable for any reason except as specified in § 3-1.116.
(Ord. 2082-C-S, passed 3-25-14)
(A) Transfers of ownership. A new business license is required upon a transfer in ownership of a business required to have a license pursuant to this chapter. The new license shall be issued upon: (i) the filing of a complete application and the payment of all required fees and tax; (ii) a finding that there has been no change in the location, nature or scope of business; and (iii) a finding that the previous owner has a valid business license at the time of transfer. However, if the original business license application required the business owner or manager to be fingerprinted and/or subject to a background investigation, then the new business owner or manager must also be fingerprinted and the new license shall be subject to a background investigation. The following shall be considered transfers of licensed businesses subject to this division (A):
(1) The addition or withdrawal of a partner or partners;
(2) The transfer of a business from one partnership to another;
(3) The transfer of a business from a partnership to a corporation;
(4) The transfer of a business from one corporation to another;
(5) The transfer of a business from a corporation to a partnership;
(6) The transfer of a business from a corporation to a natural person, or vice versa, unless the corporation's sole shareholder and the natural person are the same;
(7) The transfer of a business from a partnership to a natural person, or vice versa; or
(8) The transfer of a majority share of stock in a corporation in one or more transactions within 12 months.
(B) Change of name or contact information. Whenever a business required to be licensed pursuant to this chapter changes its name, contact information or mailing address, a business license change form is required, along with payment of an application fee pursuant to § 3-1.112. The tax imposed under Article 2 of this chapter shall not be imposed with respect to the issuance of such a new license. If the changes are in conjunction with and during the renewal period, then an additional application fee is not charged unless payment is delinquent.
(C) Change of location. Whenever a business required to be licensed pursuant to this chapter changes its business location, a new business license application is required, along with the payment of an application fee pursuant to § 3-1.112. The tax imposed under Article 2 of this chapter shall not be imposed with respect to the issuance of such a new license. If the changes are in conjunction with and during the renewal period, then an additional application fee is not charged unless payment is delinquent.
(D) Change in business. Whenever a business required to be licensed pursuant to this chapter changes the nature or scope of the business a new business license application is required, along with the payment of an application fee pursuant to § 3-1.112. The tax imposed under Article 2 of this chapter shall not be imposed with respect to the issuance of such a new license. If the changes are in conjunction with and during the renewal period, then an additional application fee is not charged unless payment is delinquent.
(E) Termination/closures in business. Businesses must notify the city of the termination or closure of the business in writing and surrender the business license certificate or all fees shall be due and retroactively collected and subject to late penalties. Surrender of the business license certificate terminates business tax liability except for prior amounts due. Failure to surrender the business license certificate is prima facie evidence that the business has been operating.
(Ord. 2082-C-S, passed 3-25-14)
(A) The Tax Administrator or his or her designee may suspend or revoke a business license if he or she finds on the basis of substantial evidence in the record of his or her decision that one or more of the following conditions exist:
(1) For businesses involving First Amendment activities.
(a) Any ground exists which would justify refusal to grant an initial license to the business under § 3-1.115(A) of this Code were a new license required;
(b) That the licensee, licensee's employees, agents or manager has violated applicable law in the exercise of any rights granted by the license;
(c) That the licensee, licensee's employees, agents or manager published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the licensed business;
(d) That the licensee has failed to notify the Tax Administrator or his or her designee of any change in the licensed business as required by this chapter within ten days after such change;
(e) That the licensee, licensee's employees, agents or manager has violated any conditions or restrictions of the license;
(f) That the licensee, the licensee's employees, agents or manager have permitted, allowed or failed to take reasonable steps to prevent the use of the business as a base or magnet for unlawful activity, including, but not limited to, solicitation, prostitution or drug trafficking.
(2) Businesses that do not involve First Amendment activities.
(a) Any ground exists which would justify revocation of a license under division (A)(1) above;
(b) That the licensee committed a crime of moral turpitude which bears a substantial relationship to the conduct of the licensed business activity;
(c) That the licensee has been held liable for or convicted of any offense involving the maintenance of a nuisance resulting from the exercise of any rights permitted by the license, including but not limited to the issuance of an administrative citation unless that citation is determined to be unfounded by a court of competent jurisdiction;
(d) That the licensee, licensee's employees, agents or manager, has violated any rule or regulation of any governmental agency relating to the licensed business;
(e) That the licensee has conducted the licensed business in a manner contrary to the health, safety and the general welfare.
(B) Any person aggrieved by a decision to revoke or suspend a license under this chapter may appeal to the City Manager by a writing filed with the City Clerk within seven calendar days of the decision to be reviewed. The City Manager shall act on an appeal from the revocation of suspension of a license for a business involving First Amendment activities and render a written decision within seven days of receipt of a timely appeal unless the appellant should consent to decision at a later time.
(Ord. 2082-C-S, passed 3-25-14)
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