(A) Signature to application. Each application for an annual business regulatory license required by this subchapter shall be signed by the applicant or an authorized representative of the applicant, who shall attest to the truth of the statements therein, with knowledge that any false statements constitute perjury, for which the signatory may be prosecuted and punished according to law; and such signatures shall be notarized according to law.
(B) Payment of fees. Each application for an annual business regulatory license required by this subchapter shall be presented to the City Clerk, or any designee thereof, along with both the business regulatory license fee and any occupational license fee that is due from the applicant. No application for a business regulatory license shall be accepted or received by the City Clerk without payment of the business regulatory license fee and any occupational license fee due from the applicant.
(C) Review of applications. Each application for an annual business regulatory license required by this subchapter that is received and accepted by the City Clerk 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/Tax Collector.
(1) When the applicant, or an employee 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, the license, permit, degree, certification or other similar document shall have been duly issued to the applicant or an employee 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.
(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 of Edgewood or any other city, county or state and the reasons therefor.
(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 comply with all applicable laws, including, without limitation, land subdivision and use, zoning, building construction and maintenance, and fire prevention and life safety regulations.
(7) After review of the application in conformity with division (C) of this section, the City Administrative Officer shall notify the City Clerk/Tax Collector, or any designee thereof, of either:
(a) The approval of the application;
(b) 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 subchapter, including, without limitation:
1. 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.
2. A requirement that a debt to the city be paid before a specified date.
3. A requirement that the applicant permit periodic inspection of certain parts of the premises or of certain records.
4. A requirement that certain alterations be made in the premises before a specified date; or
(c) The disapproval of the application.
(D) 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 subchapter has been referred to the City Administrative Officer for review pursuant to division (C) of this section, that the application was either conditionally approved or disapproved, the City Clerk, or any designee thereof shall issue the business regulatory license that is the subject of the application and mail it to the applicant at the address listed 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 subchapter.
(E) 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 subchapter has been referred to the City Administrative Officer for review pursuant to division (C) of this section, that the application was conditionally approved, the City Clerk, or any designee thereof, shall notify the applicant thereof and the reasons therefor 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 be thereby disapproved, ipso facto.
(F) 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 subchapter has been referred to the City Administrative Officer for review pursuant to division (C) of this section, that the application was disapproved by the City Administrative Officer, the City Clerk, or any designee thereof, shall notify the applicant of that denial and the reasons therefor 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.
(G) Business regulatory license revocation or suspension.
(1) Any business regulatory license required by this subchapter 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:
(a) Any false or intentionally misleading statement or information provided in the license application.
(b) Any failure or refusal to perform or abide by any of the conditions of a conditional license.
(c) The criminal conviction of any person named or identified in the 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:
1. The nature and seriousness of the crime for which the person was convicted.
2. The relationship of the crime to the purposes of the regulation of the business.
3. 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.
4. The extent to which the person has been successfully rehabilitated.
(d) 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 license was issued.
(e) The violation of any applicable law in the conduct of the business by any person engaged therein.
(f) Violations of applicable laws by any person within the business premises of the licensee, or under the control thereof.
(2) The failure of the licensee to preclude, by eviction or otherwise, the occurrence of another violation of any applicable law for which the violator may be imprisoned, at any real estate in the city that is leased or rented by the licensee to others; but only after a notice has been mailed to the licensee by the city that identifies two (2) or more previous occurrences at the same real estate, of violations of applicable laws for which the violator may have been imprisoned, while that same real estate was leased or rented by the same tenant.
(3) The revocation or suspension of an Edgewood business regulatory license pursuant to Edgewood ordinance shall be in addition to the imposition of any other penalty prescribed by Edgewood ordinance or any other applicable law.
(Ord. 2007-11-06, passed 12-10-07; Am. Ord. 2008-03-03, passed 4-7-08) Penalty, see § 110.99