A. General Penalty: Any person violating any provision of this chapter, where no other penalty is specifically provided, shall be fined as provided in the general penalty in section 1-4-1 of this code for each offense. A separate offense shall be deemed committed on each day during which a violation occurs or continues.
B. Emergency Suspension Of Business License: When the operation of any place of business shall constitute a nuisance in fact and a clear and present danger to the public health, safety, or general welfare, the city manager shall be authorized to summarily order the cessation of business, the closing of the place of business and the suspension of the business license for a period not to exceed ten (10) days. Within seven (7) days after he or she has so acted, the city manager shall call a hearing for the purpose of determining whether the business license should be suspended for an additional period of time or revoked.
C. Suspension Or Revocation Of Business License: Business licenses may be suspended for up to thirty (30) days or revoked by the city manager after notice and hearing as provided below for any of the following causes:
1. Fraud, misrepresentation of a material fact, or false statement by the applicant on the application for the business license;
2. Any violation by the business of any zoning, building, fire, or health code or any other applicable ordinances and regulations by the business;
3. Upon conviction of the licensee of violation of any provision of this code or any statutes of the state relating to the business for which such license was issued;
4. Upon conviction of the licensee of any felony or of a misdemeanor when such conviction indicates the licensee's inability to operate a safe, honest, or legitimate business operation;
5. Failure to pay outstanding indebtedness of the business to the city, in the form of any unpaid fees, taxes, or fines that are in arrears more than thirty (30) days from the date they were accrued, more than ten (10) days after the director of finance has issued a demand for payment; and
6. Refusal to permit an inspection or sampling or any interference with a duly authorized city officer or employee while in the performance of his or her duties in making such inspection.
The suspension or revocation of a business license may be in addition to any fine imposed pursuant to the general penalty provisions of this code.
D. Effect Of Suspension Or Revocation: Any business whose license is suspended or revoked shall immediately discontinue the business for which the license was issued. No person whose business license has been revoked as herein provided shall be eligible for a new license during the period for which the revoked license was originally issued.
E. Hearings: The hearings on business license suspension or revocation matters shall be conducted by the city manager at a time and place designated by him. Notice of the hearing for suspension or revocation of a business license shall be given in writing setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be sent by certified mail (return receipt requested) to the business at the address of the place of business provided in the most recently submitted business license application no later than five (5) days prior to the date set for the hearing. Based upon the record of such hearings, the city manager shall make a finding and shall sustain, modify or rescind any official notice or order considered at the hearing. A written report of the hearing decision shall be furnished to the business.
F. Penalty: Any person violating any provision of this chapter, where no other penalty is specifically provided, shall be fined as provided in the general penalty in section 1-4-1 of this code for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. M-19-13, 10-7-2013)