(A) Every person required to procure a license under the provisions of this chapter shall submit an application for such license in writing to the City Clerk on forms provided by the City Clerk, or as specified in the agreement between the City of Florence and the County of Boone pursuant to § 110.10(B). Each application shall contain the following information:
(1) The name in which the business will be conducted; the address at which the business will be conducted; the mailing address of the business if different from location; the business telephone number; and the federal tax identification number of the business.
(2) The name of the owners of the business and: if the owner is an individual, the name, residence address, telephone number and social security number; if the owner is a partnership, the name, residence address, telephone number and social security number of each partner; and if the owner is a corporation, the name and address of the registered process agent, the president, a vice-president, secretary, and treasurer.
(3) The name, residence address and telephone number of a duly authorized representative of the business who is responsible for operating and managing the business in the city, and a night emergency number at which some responsible representative of the business can be reached at night in case of an emergency.
(4) A full description of the business operations to be conducted.
(5) The date on which the business began or will begin operations in the city.
(6) The accounting period of the business.
(7) The number of employees working or expected to be working for the business in the city during the license year.
(8) A statement as to whether any of the persons listed in response to (2) or (3) above has ever had an occupational license or other similar business license denied or revoked or suspended in this city or in any other city, county, or state. If the answer is affirmative, full details of the incident or incidents must be given.
(9) A statement as to whether any of the persons listed in response to (2) or (3) above has ever been convicted of a felony; a misdemeanor for which a jail sentence may be imposed; any other crime in which moral turpitude is involved; or any other crime which directly relates to a business of the type for which this license is sought. If such a conviction has occurred, full details must be given.
(10) A statement as to whether any license, permit, degree, certification, or similar document is a legal prerequisite to the conduct of or employment in the business.
(11) A statement as to whether there are hazardous materials kept at the business premises and the location thereof, and whether there are pets, guard dogs, or other animals usually kept therein and any other information which the applicant believes would be necessary or helpful to emergency personnel responding to a call to said premises.
(12) Such additional information as the City Clerk may find reasonably necessary.
(13) The application form shall contain the following statement:
WARNING: Statements made in this application are subject to verification and false or intentionally misleading statements may be cause for denial of the license applied for or, if a license is granted, revocation thereof upon discovery.
(14) The application shall be signed by a person duly authorized to act for the applicant who shall certify his or her authority to so act and that the statements on the form are true and complete.
(15) An application which does not contain all of the required information shall not be accepted.
(B) The giving of false or intentionally misleading information on the application shall be grounds for denial of the license applied for or, if a license has been granted, revocation thereof upon discovery.
(C) All information furnished or secured under the authority of this chapter shall be treated and considered as confidential and privileged except for official purposes, unless otherwise treated by judicial decree or specific provisions of law, and shall not be open to public inspection.
(D) Each application shall be accompanied by the amount of the license fee provided for herein. The City Clerk shall issue a receipt for the amount of the fee tendered with the application, provided that such receipt shall not be construed as approval of the application; nor shall it entitle the applicant to open or maintain the business for which the license is sought. Such fee shall be refunded if the license applied for is denied.
(E) All applications for licenses hereunder shall be subject to review by the City Coordinator who shall endorse his decision for approval or denial or other disposition on the application form. The City Coordinator may refer an application to any other official, employee, or department of the city as he deems appropriate for review and recommendation. The City Coordinator may require such additional information from the applicant as the City Coordinator reasonably determines to be necessary in order to make a decision on the application. The request for such additional information shall be made in writing to the applicant within the time prescribed for decision by the City Coordinator on the application. The City Coordinator shall return the application to the City Clerk with his decision endorsed thereon within 15 business days of date on which the application was filed or within 15 business days of receipt of such additional information or documentation.
(F) The following are the general standards relative to the qualifications required of every applicant for a license hereunder. All such standards shall be considered and applied by the City Coordinator in making a decision on each application.
(1) Where the applicant, or employees of the applicant, are required to have any license, permit, degree, certification, or other similar document, under the provisions of any applicable city ordinance, county ordinance, or state or federal laws, which is a legal prerequisite to the conduct of or employment in the business for which application is made for the license hereunder, such license, permit, degree, certification, or similar document shall have been duly issued to the applicant or employees of the applicant prior to issuance of the license hereunder and evidence of such issuance satisfactory to the City Clerk shall be provided by the applicant.
(2) The criminal record of the persons listed in divisions (A)(2) and (A)(3) above shall be considered to the extent such record includes conviction of a felony; a misdemeanor for which a jail sentence may be imposed; 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 is sought. In determining if a conviction directly relates to the business for which the license is sought, the City Coordinator shall consider:
(a) The nature and seriousness of the crime for which the individual was convicted;
(b) The relationship of the crime to the purposes of regulating the business for which the license was sought.
(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 for which the license was sought.
(d) The extent to which the individual has been successfully rehabilitated.
(3) The City Coordinator shall consider whether the business for which the license is sought is of such a type that experience is shown that the operation of such business, unless closely supervised, has a high probability of generating or resulting in criminal activity or adversely affecting the health, safety, morals, and welfare of the citizens of the city or constituting a nuisance.
(4) The City Coordinator shall consider the business history of the applicant including:
(a) Whether the persons listed in divisions (A)(2) and (A)(3) above have been denied a license or had a license revoked in the city or a similar license in any other city, county, or state and the reasons therefor.
(b) Whether complaints have been received by the city of the business practices or responsibility of such persons and the disposition of such complaints.
(5) The City Coordinator shall consider whether the persons listed in divisions (A)(2) and (A)(3) above are indebted to the city for delinquent taxes, assessment, fines, or similar obligations.
(6) The City Coordinator shall consider whether the business for which the license is sought complies with all zoning laws and regulations of the city, affecting the proposed location of the business.
(7) The City Coordinator shall consider whether the premises at which the business for which the license is sought is proposed to be located complies with all building and fire code requirements and whether a certificate of occupancy, if required, has been obtained.
(G) After such review of the application, the City Coordinator may either:
(1) Approve the application. If the application is so approved, the City Clerk shall issue the license.
(2) Approve the application conditionally.
(a) If the application is approved conditionally, the City Coordinator shall determine such conditions as he may reasonably deem necessary to carry out the intent of and properly administer this chapter. Such conditions may include, but are not limited to, the following:
1. The requirement that the applicant post a bond, with surety acceptable to the City Coordinator, in a reasonable amount determined by the City Coordinator to insure compliance with laws and ordinances.
2. The requirement that a debt to the city be paid before a specified date.
3. The requirement that the applicant permit periodic inspection of certain parts of the premises or certain records.
4. The requirement that certain alterations be made in the premises before a specified date.
(b) Such conditions shall be set forth in writing by the City Coordinator and attached to the application. The applicant shall be promptly notified of the conditions and must accept the conditions by signing such writing prior to the issuance of the license. If the applicant refuses to accept the conditions, the license shall be denied and notification shall be made to the applicant as provided in division (3) below. Upon such acceptance of the conditions by the applicant and performance by the applicant of such of the conditions as are to be performed prior to the issuance of the license, the City Clerk shall issue the conditional license.
(3) Deny the license.
(a) If the license is denied, the City Coordinator shall notify the applicant in writing, by certified mail at the address listed on the application:
1. That the license has been denied; and
2. Of the grounds and reasons for the denial; and
3. That the applicant has the right to appeal to the City Council if written request is made within 20 days after receipt of this notice as herein set out.
(b) If the license is denied solely because of the prior conviction of a crime, such notice shall also inform the applicant:
1. Of the earliest date reapplication may be made for the license; and
2. That evidence of rehabilitation may be considered upon reapplication.
(H) Any person aggrieved by a decision of the City Coordinator hereunder shall have the right to appeal such decision to the City Council. Such appeal shall be taken by filing a written statement of appeal with the City Clerk within 20 days of receipt of the notice of the decision of the City Coordinator to be appealed from. Such written statement shall include a statement of the grounds relied upon to avoid such decision and shall have a copy of the notice of such decisions attached. The City Council shall hold a hearing on the appeal within 30 days of the filing of the statement of appeal. The Mayor shall set a time and place for such hearing and shall notify the appealing person of such time and place by certified mail or personal service not less than ten days prior to the date set for the hearing. The order of the City Council on the appeal shall be final.
CITY OF FLORENCE, KENTUCKY
APPLICATION FOR OCCUPATIONAL LICENSE
1. Business name:
2. Address at which business located:
3. Business mailing address (if different from above):
4. Business telephone number:
5. State Tax Identification Number:
6. Type of business entity: Individual
Partnership
Corporation
Other-specify
7. Owner(s) of Business: If an individual, give name, date of birth, residence address, home telephone number and social security number; if a partnership, give name, residence address, home telephone number and social security number and D.O.B. of each partner; if a corporation, give name and address, home telephone number, and social security number of the President, Vice-President, Secretary and Treasurer.
RESIDENCE
NAME D.O.B TITLE ADDRESS TELEPHONE NO. S.S.#
NAME D.O.B TITLE ADDRESS TELEPHONE NO. S.S.#
8. List a duly authorized representative of the business who is responsible for operating and managing the business in the City:
Name: D.O.B. & S.S.# TITLE
Residence Address:
Home Telephone No.: Night Emergency Telephone No.
9. Describe in full the operations and activities of the business:
10. Date business began or will begin operation in Florence:
11. Accounting Period: Calendar Year
Fiscal Year-specify period
12. Number of employees working or expected to be working during license year:
13. Have any of the persons listed in Items 7 or 8 above ever had an occupational license or similar business license denied, or revoked or suspended in this City or any other City or State? Yes
No
No
If yes, give full details at Item 17 below.
14. Have any of the persons listed in Items 7 or 8 above ever been convicted of a felony, or a misdemeanor for which a jail sentence may be imposed, or any crime which involves moral turpitude, or any other crime which directly relates to a business of the type described in Item 9 above?
Yes
No
No
If yes, give full details at Item 17 below.
15. Are hazardous materials or guard dogs, pets or other animals at the premises? If so, specify. Give any other information about the premises which would be necessary or helpful to emergency personnel responding to a call there:
16. Is there any license, permit, degree, certification or similar document which the persons listed in Items 7 or 8 above or any employee of the business must possess as a legal prerequisite in the conduct of or employment in this business? Yes
No
If yes, describe:
17. Additional information:
WARNING: Statements made in this application are subject to verification and false or intentionally misleading statements may be cause for denial of the license applied for or, if a license is granted, revocation thereof upon discovery.
I hereby certify that I am duly
authorized to act for the applicant and
that the statements contained on this
application are true and complete.
Signature
Title
Date
Issuance of the License is:
Approved
Approved Conditionally (conditions attached)
Denied (notification to applicant attached)
Dated this day of , 198 .
CITY COORDINATOR
(Ord. O-14-83, passed 4-26-83; Am. Ord. O-32-94, passed 11-15-94; Am. Ord. O-5-95, passed 4-11-95)