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(A) Any person or business entity engaged in any franchise, trade, occupation profession or other business in the city shall file an Occupational/Business Regulatory License Application with the city Clerk-Treasurer and must first obtain an annual license before commencing or continuing business in the city.
(B) This section shall be administered by the City Clerk/Treasurer, under the direction of the Mayor. The City Clerk/Treasurer with the approval of the Mayor shall have authority to issue and promulgate such regulations as he or she may consider necessary for the administration of this chapter, provided such regulations are not inconsistent with the provisions of this chapter; and provided further that such regulations when promulgated are approved by the City Council. No license shall be issued for any unlawful activity, or for any business that the City Clerk/Treasurer with the approval of the Mayor, shall consider to be detrimental to the public welfare, or contrary to the public interest, but any such decision to refuse to issue a license may be appealed to the City Council.
(C) If any business entity, person, association, firm or corporation should fail to comply this chapter, the City Clerk/Treasurer shall report in writing the names, address and nature of the trade, profession, occupation or business being carried on by such delinquents to the Mayor.
(D) Provided that an applicant is not in violation of any city ordinance and not otherwise operating in violation of any law, a license certificate shall be issued to each person or business entity filing a business license application and paying all fees and occupational license fees due under this or any other city ordinance. Such certificate shall show the year for which issued, the name of the person to whom issued and the address or location of the place of business being licensed. A license may be transferred from one person to another if the kind of business is not materially changed and may be transferred to cover another location if a taxpayer moves his or her place of business. Each taxpayer shall display the license certificate in a conspicuous place in each licensed place of business. The licenses issued under the provisions of this chapter shall be for the same license year provided for under § 110.10.
(Ord. 2007-12-01, passed 12-19-07)
(A) Any occupational license or other business license issued under this chapter, or any other authority of the city, may after notice to the holder thereof, and after a hearing before City Council as hereinafter provided, be revoked or suspended by the City Council for the following reasons:
(1) If any person licensed under this chapter is convicted of a felony, a misdemeanor for which a jail sentence may be imposed, any other crime in which moral turpitude is involved, or any other crime which directly relates to the business, occupation or profession of which a license was issued pursuant to the terms of this chapter. However, in making the decision to revoke or suspend the license, the City Council shall consider:
(a) The nature or seriousness of the crime for which the person was convicted;
(b) The relationship of the crime to the purpose of regulating the business, occupation or profession for which the license was issued;
(c) The relationship of the crime to the ability, capacity and fitness required to perform the duties and to discharge the responsibilities of the operation of the business, occupation or profession for which the license was issued; and
(d) The extent to which the person may have been successfully rehabilitated.
(2) If there shall occur in, on or at the premises covered by the license any constitution which is a nuisance or obnoxious to the morals and general welfare of the public; or
(3) If any person is disorderly in, on or at the premises covered by the license and disturbs the good order of the community or the license holder suffers or permits any disorderly conduct in, on, or at the licensed premises; or
(4) If the holder of the license shall misrepresent any material facts as to the kind of business in his or her application or return or other fact necessary or proper to determine the regulatory fee to be paid.
(5) If the holder of the license shall refuse right of entry to the Building Inspector or other city officer or employee requiring entry for the purpose of conducting inspection as specified or permitted by ordinance; or
(6) If there shall occur in, on or at the premises covered by the license any violation of any city or state code or ordinance or if the license holder suffers or permits any violation of any city or state code or ordinance in, on or at the licensed premises.
(B) When the Mayor or City Administrative Officer has probable cause to believe that a license should be revoked for any of the causes enumerated herein, he or she shall prefer charges against the holder of the license with the City Clerk-Treasurer. The charges shall be in writing and each charge shall be clearly set out. Within three days after the filing of the charges and of the time of the hearing thereof shall be mailed to the licensee at the address shown on the license and a hearing before the City Council shall be held within ten days after the filing of the charges with the Council. The evidence shall be transcribed and the action and decision of the Council on the charges shall be reduced to writing and recorded in the minute book.
(Ord. 2007-12-01, passed 12-19-07)
No license shall be issued for the conduct of any business, and no permit shall be issued for any thing, or act, if the premises and building to be used for the purpose do not fully comply with all applicable state statutes and ordinances of the city. No license or permit shall be issued for the conduct of any business or performance of any act which would involve a violation of the zoning ordinance of the city or otherwise constitute a nuisance.
(Ord. 2007-12-01, passed 12-19-07)
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