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In the event a business is sold or transferred to another ownership, an unexpired business license may be transferred to the new ownership; however, a new application must be executed and properly processed. The various inspections may be waived by City Council or its designated committee; provided that, no significant change has occurred since the last business license was issued.
(Prior Code, § 110.30) (Ord. 2014-001, passed 1-14-2014)
Any and all communications related to or regarding the business operations or license will be directly solely to the authorized agent of the business and/or business owner as identified in the application for business license or permit.
(Prior Code, § 110.31) (Ord. 2014-001, passed 1-14-2014)
The business owner or licensee of the business located at the physical address as indicated on the business license or permit application shall be responsible for compliance with all applicable laws, rules and regulations of the city, the county, the state and federal laws regardless of the operations of multiple businesses or accessory businesses at the same location. Any uses and operations which are accessory to the primary business shall be identified in the application and shall be limited to such. Uses or operations which are unrelated to the primary business for which the license or permit was approved are prohibited and shall require prior approval by the city.
(Prior Code, § 110.32) (Ord. 2014-001, passed 1-14-2014)
No license for the operation of a licensed establishment in the city shall be construed by any person to permit the operation of a licensed establishment in more than one location in the city. A separate license shall be required for each location. For the purposes of this chapter, the determination of one location shall be construed that all buildings containing the principal or accessory uses shall be connected or on the same lot or parcel, be operated and managed by the same person or owner, and be an establishment with the same classification; provided, however, that, two or more buildings separated by one or more dedicated public rights-of-way or by one or more buildings or vacant lots or parcels shall not be considered as one location.
(Prior Code, § 110.33) (Ord. 2014-001, passed 1-14-2014) Penalty, see § 110.99
ENFORCEMENT AND ADMINISTRATION
Any license issued to any person or entity or any pending application for a license to be reviewed according to this chapter may be denied, suspended or revoked because of any violation of this chapter, or of any other ordinance of the city, or of any state or federal law, or whenever the registrant or applicant shall cease to meet the standards and requirements as set forth in this chapter. Additional penalties or remedies which may be imposed include modification of the license terms or permitted business operations, fines and other remedies appropriate and tailored to addressing or correcting the violations.
(Prior Code, § 110.45) (Ord. 2014-001, passed 1-14-2014; Ord. 2022-011, passed 2-22-2022)
(A) A license or permit may be suspended by the Mayor or designee, where any of the conditions listed in this section exist. A commercial establishment whose license or permits has been suspended for any of the enumerated reasons herein shall not be allowed to continue business operations or commercial activities and shall cease all business operations until the following dangers or conditions no longer exist:
(1) Where the conduct or operation of any business, occupation, activity or establishment, whether licensed or unlicensed, shall constitute a nuisance or a clear and present danger to the public health, safety or general welfare;
(2) Where the holder of any license or permit shall have refused to allow an inspection of the license or permit holder’s premises;
(3) Where the holder of any license or permit has refused a sample of the license or permit holder’s goods for testing;
(4) Where there has been a violation of the licensing provisions; or
(5) Where there has been a violation of the zoning regulations or management and safety plan pertaining to the premises.
(B) (1) Notice of the suspension, with the reasons therefor, shall be delivered to the business owner or operator at the business address via personal service.
(2) In the event an agent is unavailable to accept service, posting of the same in a conspicuous place shall be deemed sufficient notice to the business owner or operator.
(Prior Code, § 110.46) (Ord. 2014-001, passed 1-14-2014)
(A) Licenses issued by the city may be revoked or pending applications for licenses may be denied by the Mayor or his or her designee upon the recommendation of city officials for any of the following causes:
(1) Any fraud, misrepresentation or false statement contained in the application or renewal application for the license;
(2) Any violation by the licensee of the provisions relating to the license, the subject matter of the license or to the premises occupied;
(3) Conviction of the licensee of any felony or of a misdemeanor when such conviction indicates an inability to operate a safe, honest or legitimate business operation;
(4) Failure of the licensee to pay any fine or penalty owing to the city;
(5) Failure of the licensee to pay any amount owing to the city, other than a fine or a penalty, within 120 days of its due date;
(6) Refusal to permit inspection or investigation or take sample or interference with an authorized city officer or employee while making inspection or investigations;
(7) When the conduct of the business constitutes a nuisance or a clear and present danger to the public health, safety or general welfare;
(8) More than three violations of the zoning regulations or management and safety plan pertaining to the premises; and/or
(9) For other good and sufficient cause shown including, but not limited to, repeated failures to comply with this or other applicable ordinances or multiple violations of the same.
(B) Any revocation or denial shall not preclude prosecution and imposition of any other penalties for the violation of other city ordinances.
(C) No person whose license has been denied or revoked shall be eligible for a new license for a period of 12 months.
(Prior Code, § 110.47) (Ord. 2014-001, passed 1-14-2014; Ord. 2022-011, passed 2-22-2022)
If the commercial establishment is in violation of the standards of this chapter three or more times within the fiscal year or fails to procure a required renewed license within three months after the renewal date, the license shall be subject to suspension or revocation upon a finding by the Mayor or designee that such violation has occurred.
(Prior Code, § 110.48) (Ord. 2014-001, passed 1-14-2014)
(A) Upon written request by the applicant or licensee to the City Clerk, the Mayor or designee shall hold a hearing within five business days after receipt of such request for the purposes of determining whether or not the license or permit shall be revoked or remain suspended or denied and what fines or penalties, if any, shall be imposed.
(B) Notice of the hearing for denial, suspension or revocation of a license shall be given in writing, setting forth the grounds of the complaint and the time and place of the hearing. The method of such notice shall be either by:
(1) Mailing at least five days prior to the date set for the hearing by certified mail with return receipt to the licensee at the licensee’s last known address or business address;
(2) Delivery by personal service to the business operator or authorized agent; or
(3) Posting of the notice in a conspicuous place at the business address for which the license was obtained.
(C) The hearing shall be heard and presided over by the Mayor or designee. The suspension or revocation hearing proceedings shall be transcribed by an official court reporter or audio recorded. Rules of evidence and privileges applied in civil cases in the circuit courts of the state may be followed. Evidence not admissible under those rules of evidence may be admitted, including hearsay, if it is the type commonly relied upon by reasonable prudent persons in the conduct of their affairs. Notice may be taken of matters in which the circuit courts of this state may take judicial notice. In addition, notice may be taken of generally recognized technical or scientific facts and facts within the Mayor’s or designee’s specialized knowledge. The Mayor or designee may enter an oral ruling at the conclusion of the hearing. However, the Mayor or designee shall issue a written order which contains findings of fact. A copy of the written order shall be provided within two business days by the methods of notice contained in this section.
(Prior Code, § 110.49) (Ord. 2014-001, passed 1-14-2014; Ord. 2018-029, passed 5-8-2018; Ord. 2022-011, passed 2-22-2022)
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