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(1) The Board of County Commissioners shall:
A. Deny an application of any applicant who does not meet the qualifications of Section 05-01-13: of this Article, unless the applicant has a license that is subject to a term of suspension and the term of the suspension has not been completed, in which case a license may be issued subject to the suspension and the applicant complying with the qualifications of Section 05-01-13: within the same period of suspension.
B. Revoke the license of any licensee who does not meet the qualifications to hold a license as set forth in subsections 05-01-13(1), (2), (4) or (9) and/or denies access for inspection or investigation conducted pursuant to subsection 05-01-15(2) of this Article.
(2) The Commissioners, at their discretion, may:
A. Revoke the license of any licensee who violates or is unable to meet any of the requirements or regulations contained in this Article with the exception of the mandatory revocation stated above in this Section.
B. Suspend the license at any time, during the period for which a license is issued, wherein the licensee violates or is unable to meet any of the qualifications, requirements or regulations contained in this Article. In the event the licensee is able to come into compliance with this Article, then the suspension shall be terminated. No suspension can be for a period greater than one hundred eighty (180) days. In the event the licensee does not come into compliance within the period of the suspension, the license shall be immediately revoked by the terms of the suspension.
C. If the Commissioners determine to suspend a license, the affected licensee may petition the Commissioners once per license year prior to the effective date of the suspension requesting that a monetary payment be allowed in lieu of the license suspension. If the Commissioners determine such payment to be consistent with the purpose of the laws for the State and the ordinances of the County and in the public interest, the Commissioners shall establish a monetary payment in an amount not to exceed five thousand dollars ($5,000.00). The licensee may reject the payment amount determined by the Commissioners and instead be subject to the suspension. Upon payment of the amount established, the Clerk shall cancel the suspension period. The Commissioners shall cause any payment to be paid to the general fund of the County. This monetary payment applies only to the current license year. If a suspension is ordered in any subsequent license year, the licensee must file another application pursuant to this subsection to be considered for a monetary payment in lieu of the suspension.
D. The decision to revoke or suspend a license pursuant to the immediately above subsections A through C is solely within the discretion of the Board of County Commissioners. Nothing in these subsections require that the Board of County Commissioners impose any lesser sanction prior to revoking a license issued pursuant to this Article. (Ord. 95-007, 11-13-95, eff. 1-1-96)