(A) Requirements. Every business entity shall obtain an annual business regulatory license for that franchise, trade, occupation, profession or other business; and pay to the city a business regulatory license fee in the amount of either fifty dollars ($50) or that part of a multi-jurisdictional business regulatory license fee, collected by the county and proportionally allocated to the city, pursuant to the provisions of an interlocal agreement between the city and the county and some other cities therein, for a single multi-jurisdictional annual business regulatory license fee.
(B) Prohibitions. No business entity in the city shall conspire, cause, permit, promote, allow, aid, assist, encourage, or engage in any franchise, trade, occupation, profession or other business in the city for which the annual business regulatory license required hereby has not been issued.
(C) Expiration date.
(1) A business regulatory license required hereby shall expire at midnight on the fifteenth day of the fourth month after the end of the taxable year of the licensee, unless another expiration date is specified by the city or its designee.
(2) In addition to any penalties and fines imposed by this chapter, there shall be a penalty of 10% of the amount of any license fee herein imposed if the business regulatory license fee is not paid on or before the first day due.
(D) Application process.
(1) Every business entity required to procure a business regulatory license under the provisions of this chapter shall submit an application for the business regulatory license on the designated form specified by the city or Kenton County.
(2) Each application for an annual business regulatory license required by this chapter that is received and accepted by the city or Kenton County shall be immediately referred to the City Administrative Officer, who shall review it according to the following standards within thirty (30) days after the receipt and acceptance thereof by the City Clerk.
(E) Review of applications.
(1) When the applicant, or employees of the applicant, are required to have any license, permit, degree, certification or other similar document pursuant to the provision of any applicable law for the conduct of or employment in the business which is the subject of the application or renewal application, the license, permit, degree, certification or other similar document shall have been duly issued to the applicant or employees of the applicant prior to the issuance of the business regulatory license. Documentary evidence of the issuance satisfactory to the City Administrative Officer shall be provided by the applicant.
(2) The criminal record of the persons named or identified in the application shall be considered to the extent such record includes conviction of a felony, a misdemeanor for which imprisonment or other confinement was a possible penalty, any other crime in which moral turpitude was involved or any other crime which was directly related to a business of the type which is the subject of the application. In determining if a conviction was directly related to a business, the City Administrative Officer shall consider:
(a) The nature and seriousness of the crime for which the person was convicted;
(b) The relationship of the crime to the purpose of the regulation of the business;
(c) The relationship of the crime to the ability, capacity and fitness required to perform the duties and discharge the responsibilities of the operation of the business; and
(d) The extent to which the person convicted has been successfully rehabilitated.
(3) The City Administrative Officer shall consider whether the business is of a type that the operation, unless closely supervised, has a probability of generating or resulting in criminal activity or adversely affecting the health, safety, morals and welfare of occupants or residents of adjoining property, the citizens and residents of the city, or will constitute a nuisance.
(4) The City Administrative Officer shall consider the business history of the applicant including:
(a) Whether the persons named and identified in the application have been denied or had suspended or revoked a similar license by the city or any other city, county or state and the reasons therefor; and
(b) Whether complaints have been received by the city about the business practices or responsibility of the persons named and identified in the application, and the disposition of those complaints.
(5) The City Administrative Officer shall consider whether the persons named and identified in the application are indebted to the city for delinquent taxes, assessments, fines or similar obligations.
(6) The City Administrative Officer shall consider whether the business and the proposed location complies with all applicable laws, including, without limitation, land subdivision and use, zoning, building construction and maintenance, and fire prevention and life safety regulations.
(F) Determination. After review of the application in conformity with this division, the City Administrative Officer shall notify the applicable city staff member, applicable Kenton County staff member, or any designee thereof, of either:
(1) The approval of the application;
(2) The approval of the application conditionally; but if the application is approved conditionally, the City Administrative Officer shall determine and require those conditions that are reasonably necessary to accomplish the intent of this chapter, including, without limitation:
(a) A requirement that the applicant post bond with surety acceptable to the City Administrative Officer in a reasonable amount determined by the City Administrative Officer to ensure compliance;
(b) A requirement that a debt to the city be paid before a specified date;
(c) A requirement that the applicant permit periodic inspection of certain parts of the premises or of certain records; and/or
(d) A requirement that certain alterations be made in the premises before a specified date; or
(3) The disapproval of the application and the reason for the disapproval.
(G) Notice to the applicant. Unless the City Clerk receives a written notice from the City Administrative Officer within thirty (30) days after an application for a business regulatory license required by this chapter has been referred to the City Administrative Officer for review pursuant to division (E) above, that the application was either conditionally approved or disapproved the City Clerk or the city designee thereof shall issue the business regulatory license that is the subject of the application and mail it to the applicant at the address indicated in the application; and, thereafter, the applicant may engage in the franchise, trade, occupation, profession or other business described in the application, but only at the address thereof indicated in the application, until that business regulatory license expires or is suspended or revoked according to the provisions of this chapter.
(H) Conditional approval of application. In the event that the City Clerk receives a written notice from the City Administrative Officer within thirty (30) days after an application for a business regulatory license required by this chapter has been referred to the City Administrative Officer for review pursuant to division (E) above that the application was conditionally approved, the City Clerk shall notify the applicant thereof and the reasons therefore identified by the City Administrative Officer by certified mail, return receipt requested, to the address of the applicant indicated in the application, along with a notice that the license will be issued by the City Clerk only upon receipt by the City Clerk of a written signed acceptance by the applicant of the conditions to be performed prior to the issuance of the license. The notice shall also state that if the acceptance is not received by the City Clerk within such time, the application will thereby be disapproved.
(I) Disapproval of application. In the event that the City Clerk receives a written notice from the City Administrative Officer within thirty (30) days after an application for a business regulatory license required by this chapter has been referred to the City Administrative Officer for review pursuant to division (E) above that the application was disapproved by the City Administrative Officer, the City Clerk shall notify the applicant of that denial and the reasons therefore identified by the City Administrative Officer by certified mail, return receipt requested, to the address of the applicant indicated in the application, with a refund of any anticipated city occupational license fee paid with the application, and a notice of the procedure established in this chapter for an appeal from the denial of that application.
(J) Additional requirements.
(1) All business entities who are subject to the city’s occupational license fee must display a valid, current business regulatory license in a business space that is capable of being publicly viewed. Upon request by the City Administrator or his/her designee, a business entity must produce a valid, current business regulatory license.
(2) Any business regulatory license issued by the city or Kenton County which is determined to be in violation of the city’s ordinances or is otherwise deficient or was inadvertently or erroneously issued may be revoked by the city and/or its designee pursuant to the procedures in this chapter.
(K) Business regulatory license revocation or suspension. Any business regulatory license required by this chapter may be revoked or suspended by the City Administrative Officer for any period of time determined by the City Administrative Officer to be reasonable and appropriate for any of the following reasons, but only after a due process evidentiary hearing in regard thereto, for which a notice has been sent to the licensee at the address indicated in the licensee’s application, by certified mail, return receipt requested, at least ten (10) days prior to the hearing:
(1) Any failure to pay the business regulatory license fee and/or occupational license fees as required by this chapter;
(2) Any false or intentionally misleading statement or information provided in the license application, any occupational license fee return (including required attachments or forms), or any refund application;
(3) Any failure or refusal to perform or abide by any of the conditions of a conditional business regulatory license;
(4) The criminal conviction of any person named or identified in the business regulatory license application of a felony, a misdemeanor for which imprisonment or any other confinement is a possible penalty, any other crime in which moral turpitude is involved, or any other crime which directly relates to a business of the type for which the license was issued. However, the consideration of such a criminal conviction shall include:
(a) The nature and seriousness of the crime for which the person was convicted;
(b) The relationship of the crime to the purposes of the regulation of the business;
(c) The relationship of the crime to the ability, capacity and fitness required to perform the duties and discharge the responsibilities of the operation of the business; and
(d) The extent to which the person has been successfully rehabilitated;
(5) The revocation, suspension or expiration without renewal of any license, permit, degree, certification or similar document which is required by any applicable law for the conduct of or employment in the business for which the business regulatory license was issued;
(6) The violation of any applicable law in the conduct of the business by any person engaged therein or by any employee of said business; and
(7) Violations of applicable laws by any person within the business premises of the licensee, or under the control thereof.
(L) Appeals.
(1) Any conditional approval or disapproval of an application for a business regulatory license required by this chapter, or any suspension or revocation of any such license may be appealed to the Mayor of the city by filing with the City Clerk within thirty (30) days after the conditional approval, disapproval, revocation or suspension:
(a) A written notice of the appeal;
(b) A copy of the conditional approval, disapproval, revocation, or suspension that is the subject of the appeal;
(c) A statement of why there should be an approval without conditions, or no disapproval, revocation or suspension; and
(d) An appeal fee in the sum of two hundred dollars ($200), to provide for the expenses of conducting a due process hearing in regard thereto.
(2) In such an appeal, a de novo due process hearing regarding the suspension or revocation shall be conducted by the Mayor, or by a hearing officer appointed by the Mayor, who shall file a record with the Mayor, with a written recommendation regarding findings of fact, conclusions of law and a decision based thereon. Within ninety (90) days after the date the appeal was filed, the Mayor shall issue a written decision in regard thereto, including findings of fact, conclusions of law and a decision based upon a record of the due process hearing; and the appellant shall be notified thereof by certified mail, return receipt requested, at the address thereof indicated in the application for the license. Unless an appeal from the decision of the Mayor is filed in the court having jurisdiction thereof within thirty (30) days after the decision of the Mayor, the decision of the Mayor shall become final.
(Ord. 2007-12-1, passed 12-13-07; Am. Ord. 2019-08-02, passed 11-14-19; Am. Ord. 2021-7-2, passed 8-12-21)
Penalty, see § 110.99