(A) Standards for issuance. An application for a business or professional license shall be approved and the license issued by the city unless there is tangible evidence that the conduct of the business or professional would pose a threat to the public health, safety, morals or general welfare, or would violate the law. Tangible evidence of any of the following shall constitute a valid reason for denying the issuance of a business or professional license:
(1) The applicant has made willful misstatements in the application;
(2) The applicant, any owner of the business or professional has a record of continual breaches of business contracts;
(3) The applicant, any owner of the business or professional has unsatisfactory moral character;
(4) The applicant, any owner of the business, or professional has been convicted of a felony, a misdemeanor for which a jail sentence could have been imposed, or a crime involving moral turpitude; and
(5) The applicant, any owner of the business or professional has been convicted of any crime or violation which directly relates to the conduct of the business or professional for which the license is sought. In determining whether a prior conviction directly relates to the conduct of the business or professional for which the license is sought, the authorized city official shall consider:
(a) The nature and seriousness of the crime or violation for which the applicant, owner of the business or professional was convicted;
(b) The relationship of the crime or violation to the purposes of regulating the business or professional for which the license is sought; and
(c) The relationship of the crime or violation to the ability, capacity and fitness required of the applicant or owner to perform the duties and to discharge the responsibilities of conducting the business or professional.
(B) Notice of denial. If a business or professional is denied a license for any of the reasons set forth above, the city shall notify the applicant in writing of the following:
(1) The reason for the denial;
(2) The applicant has the right to a hearing before the City Council, if a written request for a hearing is filed with the City Clerk/Treasurer within ten days after the service of the notice of denial. Service of the notice of denial may be by certified mail, return receipt requested; and
(3) If a business or professional is denied solely because of the prior conviction of a crime or violation, in addition to the information specified above, the city shall notify the applicant in writing of the following:
(a) The earliest date the applicant may reapply for the business or professional license; and
(b) Evidence that the applicant or owner has been successfully rehabilitated may be considered upon reapplication.
(C) Standards for revocation or suspension of license. Any business or professional license issued pursuant to this chapter may, with notice to the holder thereof and after a hearing, be revoked or suspended by the City Council for the following reasons:
(1) If there shall occur in, on or at the licensed premises any condition which constitutes a public nuisance, which otherwise endangers or is obnoxious to the public safety, health, morals or general welfare or otherwise violates the law of the state;
(2) If the license holder suffers or permits any disorderly conduct in, on or at the licensed premises;
(3) If the license holder shall misrepresent any material fact concerning the business which is necessary and proper to determine the amount of the annual license tax due;
(4) If the license holder is convicted of a felony, a misdemeanor for which a jail sentence could be imposed, or for a crime involving moral turpitude; or
(5) If the license holder is convicted of any crime or violation which directly relates to the conduct of the business or professional. In determining whether or not a conviction directly relates to the conduct of the business, the City Council shall consider:
(a) The nature and seriousness of the crime or violation for which the license holder was convicted;
(b) The relationship of the crime or violation to the purposes of regulating the business or professional; and
(c) The relationship of the crime or violation to the ability, capacity and fitness of the license holder to continue to perform the duties and to discharge the responsibilities of conducting the business or professional.
(D) Procedure for revocation and suspension of license. When there is evidence to support a belief that a business or professional license issued pursuant to this chapter should be suspended or revoked for any other causes enumerated above, it shall be duty of the city to prefer charges against the license holder. The city shall reduce the charges to writing and shall clearly set forth each charge. The city shall file the charges with the City Council and shall mail to the license holder, at the address shown on the license, certified mail, return receipt requested, a notice of the filing of the charges with the City Council and a notice of the date, time and place of the hearing thereon, which hearing shall be held by the City Council within ten days after the mailing of the notice to the license holder. The evidence taken at the hearing shall be transcribed and the decision of the City Council, whether to revoke or suspend the license, shall be reduced to writing and recorded in the minute books. If the Council determines that the license should be revoked or suspended, it shall notify the license holder of the following:
(1) The earliest date the license holder may reapply for the business or professional license; and
(2) Evidence that the license holder had successfully rehabilitated may be considered upon reapplication, if the license is suspended or revoked because the license holder was convicted of a crime or violation.
(Prior Code, § 110.16) (Ord. passed 2-6-1989)