2-1-5: INSPECTIONS OR INVESTIGATIONS:

Upon the receipt of an application for a license or permit where laws of the city necessitate an inspection or investigation before the issuance of such permit or license, the city clerk-treasurer shall refer such application to the proper officer for making such investigation within forty eight (48) hours of the time of such receipt. The officer charged with the duty of making the investigation or inspection shall make a report thereon, favorable or otherwise, within ten (10) days after receiving the application or a copy thereof. For the protection of health, the building inspector shall make or cause to be made any such inspections relative to the construction of buildings or other structures. All other investigations, except where otherwise provided, shall be made by the chief of police or by some other officer designated by the mayor. (2010 Code)

2-1-6: TERM OF LICENSE:

All annual licenses shall terminate on June 30 of each year where no provision to the contrary is made. (2010 Code)

2-1-7: BUILDING AND PREMISES:

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 the requirements of the city. (2010 Code)

2-1-8: CHANGE OF LOCATION:

In the absence of any provision to the contrary, the location of any licensed business or occupation or of any permitted act may be changed, provided ten (10) days' notice thereof is given to the city clerk-treasurer; provided, the building requirements of this code are complied with. (2010 Code)

2-1-9: NUISANCES:

No business, licensed or not, shall be conducted or operated as to amount to a nuisance in fact. (2010 Code)

2-1-10: POSTING OF LICENSE:

It shall be the duty of any person conducting a licensed business in the city to keep his license posted in a prominent place on the premises used for such business at all times. (2010 Code)

2-1-11: REVOCATION OF LICENSE OR PERMIT; HEARING:

Any license or permit, for a limited time, may be revoked by the mayor and city council during the life of such license or permit for the violation by the licensee or permittee of any provision relating to the license or permit, the subject of the license or permit, or the premises occupied; such revocation may be in addition to any fine imposed. The mayor and the city council shall be authorized to summarily order the cessation of business, the closing of the premises, and the suspension of any business license or permit for a period not to exceed fifteen (15) days.

   A.   Hearing: Within ten (10) days after the city officials have so acted, the mayor shall call a hearing for the purpose of determining whether or not the license or permit should be revoked.

   B.   Notice Of Hearing: Notice of hearing for revocation of a license or permit shall be given, in writing, setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be sent to the licensee or permittee by certified mail at his last known address or personally served at least five (5) days prior to the date of the hearing.

   C.   Hearing Procedures: At the hearing, the licensee or permittee shall be permitted counsel and shall have the right to submit evidence and cross examine witnesses. The mayor shall preside and shall render the decision and recommendation.

   D.   Causes For Revocation: Business licenses and permits issued under the ordinances of the city, unless otherwise provided, may be revoked by the mayor and city council after notice and hearing as provided in subsections B and C of this section for any of the following causes:

      1.   Any fraud, misrepresentation or false statement contained in the application for the license or permit;

      2.   Any violation by the licensee or permittee of ordinance provisions or state law relating to the license or permit, the subject matter of the license or permit, or the premises occupied;

      3.   Conviction of the licensee or permittee of any felony or of a misdemeanor involving moral turpitude;

      4.   Failure of the licensee or permittee to pay any fine or penalty owing to the city;

      5.   Refusal to permit an inspection or investigation or any interference with a duly authorized city officer or employee while in the performance of his duties in making such inspections, as provided in this code. (2010 Code)

2-1-12: APPEAL PROCEDURE:

   A.   Right To Appeal: Any applicant aggrieved by the refusal of the city to issue a license or permit or by the revocation of a license or permit shall have the right to appeal the city's decision to the city council. Such appeal shall be requested by submitting a written request to the mayor within five (5) days of the action of the city which is appealed.

   B.   Council Consideration: The city council shall consider the appeal at its next regularly scheduled meeting, at which time the applicant shall be entitled to present his appeal orally or in writing. The council shall act on the appeal within seven (7) days of the hearing and shall either uphold the action of the city or shall direct the issuance of a license or permit which the city has denied or the reissuance of a license or permit which the city had revoked. (2010 Code)