(A) Denial of a business license or alcoholic beverage license. After a person has made application to the city for a business license or alcoholic beverage license, the application may be denied for any of the following reasons:
(1) The applicant does not meet the qualifications for a licensee as provided under this business regulation title;
(2) For a new application, non-payment of a returned check for the required license fees at the time the application is made. For a business license renewal application, non-payment of the required license fees plus penalty three months after it is due. For an alcoholic beverage license, non-payment of the required license fees plus penalty after January 1 in any year;
(3) One of the reviewing departments or divisions of the city provided for in this business regulation title has disapproved the application pursuant to any applicable provision of the city code;
(4) False or incomplete information given on the application;
(5) Non-compliance with any requirement or condition set by the Planning Commission or Community Development Department, if applicable, under a conditional use permit or design review approval; by the Appeal Authority or Community Development Department, if applicable, granting a variance or special exception; by the City Council; by the Redevelopment Agency; or by agreement;
(6) Non-compliance with any city, state or federal statutes or any Bear River Health Department regulations governing the applicant’s proposed business; and
(7) Any other reason expressly provided for in this business regulation title.
(B) Reasons for suspension or revocation. An existing business license or alcoholic beverage license may be suspended or revoked for any of the following reasons:
(1) The licensee does not now meet the qualifications for a license as provided under this business regulation title;
(2) False or incomplete information given on an application;
(3) The licensee has violated or is violating any provision of this business regulations title or provision of the city code, state or federal statutes or regulations governing the licensee’s business;
(4) The licensee has obtained or aided another person to obtain a license by fraud or deceit;
(5) The licensee has failed to pay property taxes or sales tax;
(6) The licensee has refused authorized representative of the city to make an inspection or has interfered with such representatives while in the performance of their duty in making such inspection;
(7) The licensee is not complying with a requirement or condition set by the Planning Commission or Community Development Department, if applicable, under a conditional use permit or design review approval; by the Appeal Authority or Community Development Department, if applicable, granting a variance or special exception; by the City Council; by the Redevelopment Agency; or by agreement;
(8) Violation of this business regulation title by the agents or employees of a licensee and violations of any other laws by the agents or employees committed while acting as an agent or employee of the licensee; or
(9) Any other reason expressly provided for in this business regulation title.
(C) Enforcement.
(1) The Community Development Director or designee shall have the authority, without a hearing, to deny a license for the reasons provided for in this subchapter.
(2) The Community Development Director or designee shall have the authority to suspend or revoke a license without a hearing, for reasons provided in this subchapter. However, the suspension or revocation shall not take effect until the time period for appealing the decision as set forth in this subchapter below has passed.
(3) The Community Development Director or designee may, on his or her own initiative or in response to complaints from the general public or any city department or division, investigate and gather evidence of violations of this business regulation title or other circumstances which may give rise to a denial, suspension or revocation.
(D) Procedure for suspension or revocation. The Community Development Director or designee shall cause written notice to be given by personal service or registered mail to the licensee of his or her decision to suspend or revoke a license, the reason for such decision, that the operation of a business after the effective date of the suspension or revocation is a Class B misdemeanor, the licensee’s right to appeal the Community Development Director or designee’s decision and have a hearing and the appeal procedure.
(E) License Hearing Board. The Mayor and City Council are hereby designated as the city’s License Hearing Board. The License Hearing Board shall have authority to hear evidence in business license matters referred to the Board. The Mayor shall serve as Chairperson of the Board and the Board shall designate one member to be Vice-Chairperson for a period of one year.
(F) Appeal procedure.
(1) Appeals of the Community Development Director or designee’s decision to deny, suspend, or revoke a license may be made by filing a written notice of appeal with the Hearing Board within 15 days of receipt of the notice of denial, suspension or revocation.
(2) The notice of appeal shall be in writing and shall set forth with specificity the reasons for which the appeal is taken.
(G) Hearing.
(1) The hearing shall be held prior to or following completion of a regularly scheduled City Council meeting, and not later than the next regularly scheduled City Council meeting after receipt of the notice of appeal.
(2) At the hearing, the Hearing Board or representative from the City Attorney’s office shall present the reason for the decision to deny, suspend or revoke the license.
(3) The applicant or licensee, in person or through his or her attorney, may then present any evidence showing why the decision was in error.
(4) All witnesses shall be sworn to testify truthfully. Either party is entitled to confront and cross-examine any witness.
(5) Any oral or documentary evidence may be received, but the Hearing Board shall exclude all privileged, irrelevant, immaterial or unduly repetitious evidence.
(6) If the denial, suspension or revocation appealed from is based on a finding by the Community Development Department, Fire Department, Bear River Health Department or Police Department that the business was or would be in violation of their applicable ordinances or regulations, then that finding shall be conclusive on the Hearing Board, and the Board’s decision may be based only on whether the license was properly denied, suspended or revoked because of that Department’s finding.
(7) If the denial, suspension or revocation appealed from is based on a determination by the Community Development Director or designee that grounds existed pursuant to this code, the Hearing Board may examine the factual nature of the grounds and determine whether such grounds are sufficient to sustain the decision of the Community Development Director or designee.
(8) The License Hearing Board does not have the authority to waive compliance with applicable provision of this business regulation title, nor can the Hearing Board extend deadlines set forth in the ordinances or change the substance or form of the ordinances.
(H) Decision of the Hearing Board. The Hearing Board, after hearing all the evidence, shall announce its decision within seven days from the date of hearing. The Hearing Board may affirm or reverse the decision of the Community Development Director or designee. The decision shall be in writing and shall be based only upon findings of fact. The Hearing Board may designate that the prevailing party draft the findings of fact and order. If the prevailing party drafts the findings of fact and order, the opposing party shall have five days from the date the draft is submitted within which to file objections to the draft. Upon resolution of all objections to the draft, the Hearing Board shall release the findings of fact and order.
(I) Appeal of Hearing Board Decision. Any decision of the License Hearing Board may be appealed by the applicant, licensee or city to the district court within 30 days from when the written decision is made.
(J) Licensing after revocation. A person, whose license has been revoked, may not be issued a license for a period of 12 months after the revocation.
(K) Validity of business license or alcoholic beverage license during appeal. Throughout the appeal process as outlined above, a licensee holding a suspended or revoked business or alcoholic beverage license may continue to operate his or her business in accordance with federal, state and local laws pending final decision on the appeal, or until the time for appeal has passed, whichever occurs first.
(Prior Code, § 14.02.210)