A. Right of Entry: The City may investigate and examine all places of business licensed or subject to license under this chapter at any reasonable time for the purpose of determining whether such place of business is complying with the provisions of this chapter.
B. Notice of Violation: Upon learning of a violation of this chapter, the City Manager shall mail a notice of violation to the business. The notice of violation shall state that the license will be revoked or, in the case of failure to obtain a license, fines may be imposed in ten (10) days without further remedial action and any applicable remedial measures to regain compliance. A notice of violation may also be emailed or hand delivered to a business or its agent in addition to mailing.
C. Each violation of this chapter shall operate as a separate and distinct violation.
D. Appeals: After a business receives a notice of violation, denial of an application, or notice of summary suspension, the business shall have the right of appeal.
1. A written notice of appeal to the City Council shall be filed with the City Manager within ten (10) days after the notice of violation is mailed or the applicant receives a denial of an application.
2. A business may continue operating during a pending appeal to the City Council.
3. The City Council shall hear and make a determination with regard to the appeal at its next regular meeting.
4. The decision of the City Council on such appeal shall be final and conclusive.
E. Revocation of License: A business license shall be deemed revoked if:
1. A business fails to correct any violation to the satisfaction of the City Manager within ten (10) days after the notice is mailed to current address listed in City records or best-known address reasonably obtained by the City; or
2. The City Council affirms the decision of the City Manager after appeal and review.
F. Effect of Revocation of a License:
1. The City Manager shall notify the business in writing when a business license has been revoked.
2. When the business receives notice that its license has been revoked, it must immediately cease operating that business within the City limits.
G. Judicial enforcement: After ten (10) days following the mailing of the notice of violation or after the final decision following an appeal to the City Council, and failure of the business regain compliance with this chapter, the City Manager may seek judicial enforcement of this chapter.
1. The City may sue in any court of competent jurisdiction to obtain a judgment to enforce collection of any unpaid license fee, any penalty, or any fine due under this chapter.
2. The City may seek an injunction prohibiting a person from engaging in any unlicensed business.
3. In any action or suit authorized by this chapter, the City, if it prevails, shall recover a reasonable attorney fee to be set by the court, in addition to its costs and disbursements, for trial and any subsequent appeals. (Ord. 698, 8-5-2020, eff. 8-31-2020)