2.1.502: LICENSE FEES; REFUND:

The license fee for every license issued shall be payable in advance and shall accompany every application for an original or renewal license. License fees shall be as established by City Council under this part. License fees shall be payable to the City and the City Clerk's Office shall endorse payment on the application and issue a receipt. The City Clerk's Office shall not accept an application for a license unless accompanied by the required fees. In the event the Deputy Licensing Officer denies the application for the license, the license fee tendered shall be refunded unless otherwise specified. The Deputy Licensing Officer shall initiate the refund procedure. (Ord. 97-160; Ord. 01-42; Ord. 14-72)

2.1.503: PARTIAL PAYMENT; REPLACEMENT LICENSES:

   A.   The City Clerk's Office is prohibited from receiving any partial payment of an application fee or of a license fee.

   B.   Whenever a license, permit, insignia or identification card needs to be replaced, the City Clerk's Office is hereby authorized to duplicate the license, permit, insignia or identification card upon payment of a replacement fee per document. The Deputy Licensing Officer is hereby authorized to promulgate regulations pertaining to replacement documents. (Ord. 97-160; Ord. 01-42)

2.1.504: PRORATING FEES:

Fees for licenses shall not be rebated or prorated for any reason except as provided in this General Licensing Code. (Ord. 97-160; Ord. 01-42)

2.1.505: RECEIPTS FOR PAYMENT OF FEES:

The City Clerk's Office shall issue a receipt to the applicant for money paid in advance. No receipt shall be construed as constituting approval of the Deputy Licensing Officer for the issuance of a license; nor shall it entitle or authorize the applicant to open or maintain any business contrary to the provisions of this General Licensing Code. (Ord. 97-160; Ord. 01-42)

2.1.506: UNPAID FEE CONSTITUTES DEBT:

The amount of any unpaid fee, the payment of which is required by this General Licensing Code, shall constitute a debt due the City. In addition to other legally available remedies, the Deputy Licensing Officer may request that the City Attorney institute a civil suit in the name of the City to recover any unpaid fee. This remedy shall be cumulative and in addition to all other remedies, and shall not bar or abate a prosecution in Municipal Court for any violation of this General Licensing Code, nor bar or abate any action to suspend or revoke a license for nonpayment of the appropriate license fee. (Ord. 97-160; Ord. 01-42)

PART 6 ISSUANCE AND CONDITIONS OF LICENSE

SECTION:

2.1.601: Issuance Or Denial

2.1.602: Display Posting

2.1.603: Display Insignia

2.1.604: Change Or Transfer Of License

2.1.605: Renewal Of License

2.1.606: Surrender Of License

2.1.601: ISSUANCE OR DENIAL:

   A.   Except as otherwise provided in this General Licensing Code, the City Clerk's Office shall issue a license to an applicant if finding after investigation:

      1.   All prerequisite conditions imposed upon the applicant by the provisions pertaining to the particular license have been met including, but not limited to, the qualification standards set forth in part 4 of this article;

      2.   The application and related fees have been paid;

      3.   The license fee has been paid;

      4.   The required bond has been posted;

      5.   The required insurance has been obtained and/or maintained;

      6.   The business premises conform to the requirements of applicable building, fire, safety and zoning regulations; and

      7.   All other specific requirements of the particular license have been met.

   B.   If the Deputy Licensing Officer finds the criteria in subsection A of this section have not been met, the application shall be denied. The Deputy Licensing Officer shall notify the applicant of the denial by first class mail, postage prepaid, or e-mail to the address furnished to the City Clerk's Office by the applicant, along with a copy of the denial and the reasons supporting the denial.

   C.   Any applicant may appeal the Deputy Licensing Officer's denial of the application to the Licensing Officer by filing a written appeal, stating the grounds for appeal, with the City Clerk's Office within ten (10) days following the date of denial of the application.

   D.   In the event an appeal is filed, it shall be heard de novo and recorded electronically or otherwise at least ten (10) days after the appeal is filed with the City Clerk's Office. If a postponement of this hearing is requested, the applicant must file a written request for continuance at the same time the appeal is filed. The Licensing Officer shall have the discretion to grant or deny the request for continuance. At the Deputy Licensing Officer's request, the City may be represented by a prosecuting attorney. The Licensing Officer shall have the discretion to conduct the hearing or designate a hearing officer to do so. In conducting any hearing, the Licensing Officer and hearing officer are empowered to administer oaths and issue subpoenas. Compliance with any subpoena issued by the Licensing Officer or hearing officer may be enforced by application to the Municipal Court of the City, where enforcement may be in the same manner as contempt of court. At the hearing on the appeal, the Licensing Officer or hearing officer shall consider the evidence presented and either uphold the decision of the Deputy Licensing Officer and deny the license or overturn the decision of the Deputy Licensing Officer and grant the license. The Licensing Officer or hearing officer may impose appropriate conditions upon any license granted to protect the general health, safety and welfare. Failure to appeal in accord with this section shall be deemed a waiver of the right to appeal pursuant to CRCP 106 by virtue of a failure to exhaust administrative remedies. (Ord. 97-160; Ord. 01-42; Ord. 14-72)