(A) Any business license issued by the city may be revoked by the finance director or suspended for any period of time determined by the director to be reasonable and appropriate under the circumstances, for any of the following reasons:
(1) Failure of any person, fiduciary, business entity or employer to timely file any return required by this subchapter;
(2) Failure of an employer to pay to the city the occupational license fees withheld and collected pursuant to this subchapter;
(3) Failure of any person, fiduciary, or business entity to pay any fee imposed by this subchapter when due; or
(4) Failure of the licensee to comply with the applicable provisions of this chapter.
(B) Upon a determination that any one or more of the above dereliction shave occurred, the finance director shall notify the licensee in writing of the city’s intention to revoke or suspend the licensee’s business license for cause, as the case may be, and shall direct the licensee to appear at the finance director’s office, or response in writing, within ten (10) days of receipt of notice, to show cause why the license’s business license should not be revoked or suspended. This notification shall be sent to both the owner and operator of the business licensed therein, if the two (2) are not the same. During the ten (10) day response period the licensee shall have the opportunity to present any evidence that a return has been filed or that the aforementioned fees and/or taxes have been paid or are not due, or other evidence of good cause for failure to file and/or pay the same.
(C) Within thirty (30) days after the expiration of the ten (10) day response period, the finance director shall review all evidence submitted by the licensee, require the audits as are necessary for the determination of whether or not the contested amounts are disputed in good faith and upon a preliminary determination that cause for revocation or suspension of the licensee’s business license is found to exist, the finance director shall promptly conduct a due process hearing at which time the licensee shall be allowed to appear and present witnesses and/or evidence on its behalf. Notice of the hearing shall be sent by the finance director to the licensee, by certified mail, return receipt requested at least seven (7) days prior to the scheduled hearing. A record of the hearing shall be kept, if the licensee fails to appear at the hearing, or fails to establish full compliance with this subchapter, the finance director shall revoke or suspend the license of the business, as deemed as reasonable and appropriate under the circumstances, and the licensee shall immediately cease operation of its business for the duration of the revocation or suspension. Notice of revocation or suspension of any business license shall be sent to the licensee or operator of the business license therein.
(D) Right of appeal. Any business licensee whose occupational license has been revoked or suspended by the finance director pursuant to the foregoing provisions, may appeal the revocation or suspension to the City Council, by filing with the City Clerk within ten (10) days of the date of revocation or suspension, a written notice of appeal, along with a copy of the notice of revocation or suspension and a statement of the reasons why the revocation or suspension should be overruled. Within thirty (30) days of the filing of the notice of appeal hereunder, the City Council shall review all evidence from the licensee or city personnel, in its sole discretion. The City Council shall uphold the revocation or suspension imposed by the finance director if it is supported by substantial evidence. The City Council shall notify the finance director and the licensee of its decision within seven days after the completion of its appellate review. The decision of the City Council upon the appeal shall be a final administrative determination.
(E) Revocation or suspension of a business license hereunder shall be in addition to the imposition of any other penalty prescribed by this subchapter or any other ordinance, statute or law. The city may take any and all necessary and appropriate measures to enforce this section including obtaining injunctive relief to prevent a person or entity from operating a business within the city without first obtaining the required license.
(Ord. No. 21.90, 10-16-90; Amd. Ord. No. 15-08, 7-1-08; Amd. Ord. No. 08-14, § 1, 4-15-14)