(A) Written notice of the denial or suspension of a license shall be provided to the applicant or licensee and shall contain:
(1) A statement of the reasons for the denial or suspension; and
(2) A copy of the applicable provisions of this chapter and any other ordinances relevant to the proposed denial or suspension; and
(3) Notice that the applicant or licensee may appeal by serving a notice of appeal on the Business License Official within 30 days and in accordance with the provisions of this section; and
(4) Notice to the applicant or licensee that failure to serve notice of appeal within 30 days shall result in denial or revocation as applicable.
(a) Where an application for a new business has been denied and an appeal has been timely filed, notice shall be given that no business operations may commence until a business license is issued after a successful appeal.
(b) Where an application for a license for a previously licensed business has been denied or a license for a previously licensed business has been suspended and an appeal has been timely filed, notice shall be given that all business operations may continue until the appeal is denied by written order.
(B) Except with respect to appeals of assessments under § 110.11 hereof, which are governed by S.C. Code § 6-1-410, any person aggrieved by a determination, denial, or suspension and proposed revocation of a business license by the License Official may appeal the decision to the Council or its designee by written request stating the reasons for appeal, filed with the License Official within 30 days after service by mail or personal service of the notice of determination, denial, or suspension and proposed revocation.
(1) A new business that has not been previously licensed, for which an application has been denied and an appeal has been timely filed, may not initiate business operations until a business license is issued after a successful appeal.
(2) A previously licensed business, with ongoing operations, for which an application for a license has been denied or notice of suspension given for a license and an appeal has been timely filed, may continue business operations until the appeal is denied by written order.
(C) A hearing on an appeal from a license denial, suspension, or other determination of the License Official shall be held by the Council or its designee within 30 days after receipt of a request for appeal.
(1) The hearing shall be held upon written notice at a regular or special meeting of the Council, or, if by designee of the Council, at a hearing to be scheduled by the designee.
(a) The hearing may be continued to another date by agreement of all parties.
(b) The Council or its designee may hold a pre-trial conference and ask that the parties exchange exhibits and witness lists.
(c) Additional issues not referenced in the notice of denial or suspension and the notice of appeal may not be raised at the hearing unless approved by the Council or its delegates.
(d) All parties shall have the right to be represented by counsel, to present testimony and evidence, and to cross-examine witnesses.
(e) The proceedings shall be recorded and transcribed at the expense of the party so requesting.
(f) The rules of evidence and procedure prescribed by Council or its designee shall govern the hearing. Hearsay, including affidavits, are allowed to be presented by either party.
(2) Following the hearing, the Council by majority vote of its members present, or the designee of Council if the hearing is held by the designee, shall render a written decision based on findings of fact and conclusions on application of the standards herein. The written decision shall be issued within 30 days of the hearing or final briefings if such is requested. The written decision shall be served, by personal service or by mail, upon all parties or their representatives and shall constitute the final decision of the municipality.
(D) Timely appeal of a decision of Council or its designee does not effectuate a stay of that decision. The decision of the Council or its designee shall be binding and enforceable unless overturned by an applicable appellate court after a due and timely appeal.
(E) For business licenses issued to businesses subject to business license taxes under Article 20, Chapter 9, Title 58, and Chapters 7 and 45, Title 38, of the South Carolina Code, the municipality may establish a different procedure by ordinance.
(Ord. 36-21, passed 12-14-21; Am. Ord. 004-23, passed 4-11-23)