(A) A license or permit issued under this chapter may be suspended by the Clerk-Treasurer if he or she determines that any of the following events has occurred or conditions exist:
(1) The licensee has failed to pay the annual fee required by § 119.07 of this chapter for renewal of such license;
(2) The licensee fails to provide the Clerk-Treasurer with any material additions, corrections, or changes to the information provided in the license application within 30 days of such additions or corrections, or changes;
(3) The licensee fails to permit inspections of the hotel, motel, or any other place of lodging and its premises by public authorities acting pursuant to law;
(4) The licensee fails to keep the hotel and its premises clean and free from any sort of rubbish, combustible or explosive material, or any other conditions injurious to public health and the general welfare;
(5) If the licensee is a non-natural person, the licensee is no longer in good standing under the laws of the State of Indiana, or is no longer authorized and qualified to engage in business in the State of Indiana;
(6) Any application for a license or room permit filed by a licensee contains any material omissions and/or materially false or misleading information;
(7) The license or permit was obtained through fraud, duress, or illegality;
(8) The hotel, motel, or any other place of lodging and/or its premises are conducted, maintained, supervised, or operated in such a manner as to create a nuisance, or a threat to the public health or general welfare;
(9) The licensee, any person having a financial interest in the licensee or associated premises or an employee of the licensee has been convicted of a felony in connection with the operation of the hotel, motel or any other place of lodging;
(10) The licensee, any person having a financial interest in the licensee or associated premises, or an employee of the licensee has been deemed to be aiding, abetting, encouraging, permitting, harboring, or engaged in criminal conduct or criminal activities at the hotel, motel or other place of lodging or on its premises;
(11) The licensee has failed to implement or enforce policies or procedures governing employees, guest, and/or conduct and activities at the hotel or on its premises reasonably calculated to ensure that no illegal conduct or practice will take place at the hotel or on its premises;
(12) The licensee, any person having a financial interest in the licensee or associated premises, or the hotel, motel, or other place of lodging and/or the premises so licensed has failed to comply to comply in any manner with city ordinances, or state law applicable to the operation of the hotel or its premises, in additional to any provision of the revised code of the Health and Hospital Corporation of Marion County (the “Health and Hospital”), to the extent that the Health and Hospital code apply within the corporate boundaries of the city;
(13) The licensee has previously evaded the licensing provisions of this chapter. Before a license or permit may be suspended, the Clerk-Treasurer shall give written notice of the suspension to the licensee with the date of suspension effective 30 days from the date of the notice. The suspension will remain in effect until all fees and penalties have been paid and the licensee is in compliance with this chapter. A suspension may be appealed to the Board of Public Works and Safety as set forth in § 119.16 of this chapter.
(B) A permit issued under this chapter may be revoked by the Clerk-Treasurer if:
(1) The permit has been suspended three or more times;
(2) A suspension of the permit remains in effect for 90 or more days; or
(3) The licensee’s license has been revoked. If the Clerk-Treasurer revokes a permit, he or she shall provide written notice of the revocation to the licensee. A revocation of a permit may be appealed to the Board of Public Works and Safety as set forth in § 119.16 of this chapter.
(C) A license issued under this chapter may be revoked by the Clerk-Treasurer if:
(1) The license has been suspended three or more times;
(2) A suspension of the license remains in effect for 90 or more days;
(3) A suspension of any permit of the licensee remains in effect for 90 or more days. If the Clerk-Treasurer revokes a license, he or she shall provide written notice of the revocation to the licensee. A revocation of a license may be appealed to the Board of Public Works and Safety as set forth in § 119.16 of this chapter.
(Ord. 7, 2014, passed 7-7-14)