(A) Approval of application.
(1) The City Administrator or designee shall issue a decision on an application for a new business license within ten business days of the submission of a complete application and required fee.
(2) The City Administrator or designee shall issue a license renewal within ten business days of receiving the renewal fee.
(3) If an application for a new license is approved, the City Administrator or designee shall notify the applicant by phone or in writing. The notice shall state any condition or limitation placed on the license as a condition of maintaining the license which the City Administrator or designee deems necessary to protect the public health, safety or welfare determined by local requirements.
(B) Renewal. Renewal is required with renewal payments due every June 1. Renewal fees are the same as the annual fees listed in § 112.07.
(C) Denial, suspension, revocation of application. The City Council, City Administrator or designee may deny, suspend or revoke a business license upon finding that:
(1) The licensee is in violation, as determined by the applicable governing jurisdiction, of applicable local requirements and such violation reasonably relates or has a nexus to the licensee’s business activities;
(2) The applicant has provided false or misleading material information or has omitted disclosure of a material fact on the applications, related materials or license;
(3) The applicants’ past or present violation of law, through creditable evidence establishing probable cause, present reasonable doubt about his or her ability to perform the licensed activity without endangering property or the public health or safety;
(4) The licensed activity would endanger property or the public health or safety; or
(5) The business or their clientele create any of the following violations:
(b) One or more nuisance activity as defined in § 134.02 or O.R.S. 163.005(2), 163.095 through 163.149, 163.160(1)(b), 163.165(1)(b), 163.165(1)(c), 163.175(a), 163.175(b), 163.175(c), 163.185(a), 163.185(d), 163.195, 163.375 through 163.427, 166.220, 167.007 or 475.752, occurs that are related to or arising out of the business.
(D) Notice. The City Administrator or designee shall provide written notice to the applicant or licensee of the denial, suspension or revocation. The notice shall state the reason for the action taken and shall inform the application or licensee of the right to appeal under § 112.10. The notice shall be given at least 15 days before the suspension or revocation becomes effective. If the violation ends within the 15 days, the City Administrator or designee may discontinue the suspension or revocation proceedings.
(E) Reapplication. A person whose application for a business license that has been denied, suspended or revoked may, after 60 days from the date of the denial, suspension or revocation, apply for a license or reinstatement upon payment of the application fee and submission of an application form and related documents.
(F) Disqualification. A person whose application for any business license that has been denied or whose license has been revoked for a total of two times within one 12-month period, or who has a total of four denials, suspensions or revocations, shall be disqualified from applying for a license or reinstatement for a period of two years from the date of the denial, suspension or revocation.
(G) Summary suspension. Upon determining that a licensed activity presents an immediate danger to person or property, the City Administrator may summarily suspend the license for the activity. The suspension takes effect immediately upon notice of the suspension being received by the licensee or being delivered to the licensee’s business address as stated on the licensee’s application for the license being suspended. Such a notice shall state the reason for the suspension and inform the licensee of the provisions for appeal under § 112.10. Within 30 days of the summary suspension, the City Council shall review the pertinent facts which resulted in the suspension and shall determine whether said facts deem it necessary to continue the suspension in order to protect the health, safety and welfare of the citizens of the city, or to otherwise ensure that the requirements of this chapter are complied with. The City Council may continue a suspension as long as the reason for the suspension exists or until a determination on appeal regarding the suspension is made under § 112.10.
(Ord. 438, passed 3-15-2023)