(A) Authority to condition license. The Tax Administrator or his or her designee may condition any business license if he or she finds on the basis of substantial evidence in the record of the decision that grounds for denial or revocation of a business license exist including, but not limited to, a finding that business has been conducted or operated in a manner detrimental to the public health, safety and general welfare in that:
(1) The licensee, the licensee's agent, manager or employees have failed to maintain the premises in a neat and clean condition and have allowed the business premises to deteriorate and become blighted;
(2) The licensee, the licensee's agent, manager or employees have allowed or failed to take reasonable steps to discourage unlawful activity on or immediately adjacent to the business premises; or
(3) The licensee, the licensee's agent, manager or employees have failed to provide adequate parking to serve the volume of patrons it generates or otherwise caused traffic-related noise and disturbances.
(B) Application to change conditions. The Tax Administrator or his or her designee may change, modify or eliminate conditions on a license upon written request of the licensee if he or she finds that the reasons for the conditions have been cured.
(C) Consent to right of entry. If the Tax Administrator or his or her designee finds that unannounced inspections of the business premises are necessary to enforce the provisions of this chapter, it may impose as a condition of the license that the applicant or licensee consent to entry of the applicant's or licensee's place of business at all reasonable times by any city officer or employee authorized to enforce the provisions of this Code. Upon presentation of proper credentials by any such officer or employee, the applicant or licensee shall comply with such inspection. Nothing in this division is intended to limit the power of the Tax Administrator, or his or her designee city officers, or employees to enter any place held open to the public or otherwise to create a reasonable expectation of privacy.
(D) Noise abatement. Whenever the Tax Administrator or his or her designee determines that noise from any business licensed under this chapter interferes with the right of neighbors to the peaceful and quiet use and enjoyment of property, or has violated Chapter 17 of Title 5 (Disturbing the Peace) of this Code, the Tax Administrator or his or her designee may require the licensed premises to be soundproofed or that the licensee take other steps to reduce noise to a reasonable level. The Tax Administrator or his or her designee shall balance the interests of all affected parties with any hardship which will result from the order. The Tax Administrator or his or her designee may rely on substantial evidence, including, but not limited to that, provided by other city employees and officers.
(Ord. 2082-C-S, passed 3-25-14)