(a) The city may revoke or refuse to issue, reissue, renew, or transfer any Certificate of Use and Occupancy or Business Tax Receipt provided for in this chapter due to:
(1) Any violation of applicable city, county or other local, state, or federal law or regulation, or
(2) The Director of Development determines the subject business and location does not comply with applicable city zoning codes and ordinances, or is in violation of applicable provisions of any local, county, or state or federal regulations, ordinances, law, or statute.
(3) The Director of Development determines that proof of occupational or professional certification or licensure is required under applicable law and inadequate documentation was provided or that the applicable certification or licensure has been revoked, suspended, terminated, or otherwise discontinued, either temporarily or permanently, by the applicable regulating authority.
(4) When the city’s Code Enforcement Board or Special Magistrate has issued an order finding a code violation and compliance, as determined by applicable city staff, has not been achieved, or
(5) When the city’s Code Enforcement Board or Special Magistrate has issued an order imposing a fine and the fine remains unpaid.
(b) In the case of refusal to issue, reissue or transfer any Certificate of Use Business Use or Business Tax Receipt on one of the foregoing grounds, the city shall notify the business applicant or Business Tax Receipt holder in writing the basis for such refusal to issue, reissue or transfer a Certificate of Use or Business Tax Receipt with specific reference to the provisions of the City Code or Code Board Order which the city asserts constitutes grounds for denial.
(c) The city shall provide fifteen (15) days written notice upon the revocation of any Certificate of Use and Occupancy or Business Tax Receipt granted under this chapter and issued to any person.
(d) An applicant who is denied issuance, reissuance or transfer of a Certificate of Use and Occupancy or Business Tax Receipt or whose Certificate of Use and Occupancy or Business Tax Receipt has been revoked may, within ten (10) calendar days of the denial or revocation, file a written appeal of the denial or revocation to the city’s Special Magistrate. The Notice of Appeal shall be filed with the City Clerk.
(e) The city shall schedule a quasi-judicial evidentiary hearing within thirty (30) days of the filing of the Notice of Appeal with the city Special Magistrate. The hearing must be conducted no later than forty- five (45) days from the filing of the Notice to Appeal. The initial burden of proof shall be on the city to establish that the refusal or denial to issue, reissue or transfer a Certificate of Use and Occupancy or Business Tax Receipt is based on the grounds as set forth in division (a) above. The burden then shifts to the applicant to prove that the applicant is exempt from application of the city, county, federal or state law, that the Code violation has been corrected, or that the Code Board fine has been paid. The Board shall issue a final order with findings of fact.
(f) The decision of the Special Magistrate shall be final as of the date of the order and shall only be subject to review by writ of certiorari to Palm Beach County Circuit Court.
(g) A Notice of Appeal stays the denial or revocation of the license until the appeal process is completed, unless enjoined by the circuit court from engaging in the business in which he has failed to secure said Certificate of Use and Occupancy and Business Tax Receipt.
(h) When denial of the issuance or reissuance of a license is based on division (a)(5) above, the Notice of Appeal shall be accompanied by payment of the outstanding Code violation fine.
(i) See Article V., Section 13-97 for suspension provisions, timeframes and restrictions.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-071, § 2, 7-18-06; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 14-018, § 2, 9-3-14; Ord. No. 23- 012, § 3, 7-18-23)