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Section 3.1.100. Code Compliance.
   Issuance of a business license does not excuse a licensee from compliance with applicable zoning, building, fire, health or other regulatory requirements. No license shall be issued without first obtaining, in writing, preliminary approval of the business location from the Planning Commission or a designee indicating that the proposed business complies with the Town zoning regulations.
Section 3.1.110. Records Maintained.
The Town Recorder shall maintain license registers as a permanent file. All beer licenses and general business licenses will be kept and maintained for four (4) years after being issued. Copies of annual license certificates will be maintained and retained for one (1) year after issued. The index shall state the license number, names to whom issued, time of issuance and the period covered, the place of business, the kind of business to be transacted, the amount paid and such other information as may be considered necessary.
Rev. ord. 07112023, passed 7-11-2023.
Section 3.1.120. Display of License.
   The licensee shall display every certificate of license in a conspicuous place easily viewed by the public in which the licensed business, trade, profession or calling is carried on. When such certificate of license has expired, it shall be removed from public view. A licensee without a fixed place of business shall carry a certificate of license while engaged in business. It shall be the duty of each licensee, agent and employee to show the certificate of license upon demand.
Section 3.1.130. Suspension or Revocation of License.
   A.   The Code Enforcement Officer may suspend or revoke a license if any of the following conditions apply:
      1.   The license was issued when it should not have been;
      2.   The business fails or refuses to permit or cooperate with an inspection;
      3.   The business fails to pay the required fees, Personal Property Tax or other required taxes and fees imposed by the Town, State or Federal government;
      4.   Continuing operation of the licensed activity that would constitute a nuisance or present danger to the health, general welfare or morals of the community; or
      5.   The business is violating this title or any other applicable law, including zoning, building or health regulations.
Rev. ord. 07112023, passed 7-11-2023.
Section 3.1.140. License Denial and Appeal Process.
   A.   The Town may deny the application for a business license for any of the following reasons:
      1.   Failure to meet qualifications. The applicant does not meet the qualifications for a license as provided in this chapter;
      2.   Nonpayment of fees. For a new application, nonpayment of a returned check for the required license fees at the time the application is made. For a business license renewal application, nonpayment of the required license fees, plus any penalty assessed for late payment;
      3.   Disapproval of the reviewing department. One of the reviewing departments or divisions of the Town provided for in this code has disapproved the application pursuant to any applicable provision of this code;
      4.   False Information. False or incomplete information given on the application; or
      5.   Noncompliance. Noncompliance with anyTown, State or Federal statutes, or any health department regulations governing the applicant’s proposed business.
   B.   If a business license is denied, suspended or revoked by the Licensing Official, or if a penalty is imposed, the applicant or licensee may appeal such action.
   C.   Filing of an appeal must be in written notice within ten (10) days of the date of service of notice of any denial, qualified approval, suspension, revocation or penalty. Upon receiving the notice of such appeal, a hearing shall be scheduled before the Town Council within thirty (30) days from the date of the appeal, unless such time shall be extended for good cause.
   D.   The Town Council shall hold a public meeting with a record of the proceedings being kept, and take such facts and evidence as necessary to determine whether the denial, qualified approval, suspension, revocation or penalty was properly under law.
   E.   The burden of proof shall be upon the Licensing Official.
   F.   After the meeting, the Town Council shall have fourteen (14) days, unless extended by good cause, to render findings of fact, conclusion of law and a recommended decision.