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For the purpose of this article, businesses are classified as any business located within the unincorporated area of the County of Greenville that has a Licenses, Permits, and/or Registrations (LPRs) from any State of South Carolina department or agency in order to do business in South Carolina (i.e., S.C. Department of Labor, Licensing, and Registration, S.C. Department of Revenue, S.C. Department of Health and Environmental Control, etc.).
(Ord. 4277, § 3, passed 4-21-2009)
Any person doing business in the unincorporated area of the County of Greenville must register annually with the County. No person shall be engaged in or carry on any business as described in § 21-3 unless the business is properly registered with the County. If business is conducted at more than 1 location or place, each such location or place shall be considered a separate business upon which a separate business registration will be required. One registration is required for each separate business location. Persons working for a registered business are not required to maintain a separate registration with the County. The Business Registration form shall contain the federal employer’s identification number and/or social security number, the South Carolina SID or retail license number if applicable, and the business name and address as reported on the South Carolina income tax return.
Every business or person who registers with the County must sign an affidavit, on a form designated by the County or prescribed by the South Carolina Illegal Immigration Reform Act, being S.C. Code, Title 41, Ch. 8, attesting under penalty of perjury that the business and/or person is in compliance with the S.C. Illegal Immigration Reform Act and does not knowingly or intentionally employ any person who is an unauthorized alien.
Upon the receipt of credible, specific information concerning a potential violation of the South Carolina Illegal Immigration Reform Act, the Department of General Services shall forward such information to the South Carolina Department of Labor, Licensing and Regulation for further investigation pursuant to state law.
(Ord. 4277, § 4, passed 4-21-2009)
A. Business registrations are not transferable under any conditions. Businesses that change ownership during the year will be allowed 45 days to register with the County.
B. A person must notify the County in writing within 45 days of any change of address for their business.
(Ord. 4277, § 6, passed 4-21-2009)
The Department of General Services shall administer the provisions of this article through the registration, initiation of denial and revocation procedures, reporting of violations to the Sheriffs or Codes Enforcement Offices and assistance in prosecution of violators.
(Ord. 4277, § 7, passed 4-21-2009)
The Department of General Services shall have authority to deny or revoke any business registration under the provisions set forth in this section.
A registration application may be denied, or an issued registration may be suspended or revoked, upon any of the following grounds:
(1) The registrant’s operation of the business constitutes a public nuisance, provided the determination of the public nuisance arises from 1 or more of the following activities on the premises or in the immediate vicinity thereof and the registrant has actual or constructive knowledge of the activities:
a. Frequent arrests of persons for crimes of violence, possession or sale or controlled substances, possession or sale of deadly weapons, the discharge of firearms, excessive noise, disorderly conduct, prostitution, disturbance of the peace, and the illegal acts correspond with or relate to the hours of operation of the business operations of this registrant;
b. Law enforcement agencies make an unusually high number of response calls, regardless of arrests, to the business premises, or to the immediate vicinity, and the high number of response calls corresponds with or relates to the hours of business operations of the registrant;
c. There are ongoing and significant deposits of litter and debris in the immediate vicinity, whether the persons making the deposits can be identified or not, when the litter and debris relate to the business operations of the registrant; and
d. Material violations of property maintenance codes, environmental codes, fire code, and/or building codes where violations are applicable to the business premises.
(2) Failure to provide sufficient security measures to protect people and property located on the premises, and to protect people and property located in the immediate vicinity when the immediate vicinity is affected by the business operations of the registrant;
(3) The provision of materially false and inaccurate statements in the business registration application or to a County official at the time of application;
(4) Failure to pay taxes or fees applicable to the premises or business operations when due, including but not limited to personal and real property taxes, hospitality taxes, accommodation fees and accommodation taxes, property assessments, sewer fees, stormwater fees, and false alarm fees;
(5) Failure of an applicant or registrant to show current compliance with applicable state laws related to the operation of business activities;
(6) Failure to provide full payment to the County within 10 days of notice of a check returned to the County for insufficient funds. Full payment means the full amount due of the original check plus costs and fees assessed to the County by its bank for the return of the check presented, as well as any return check fee otherwise assessed by the County;
(7) Failure to provide substantiation, when asked by the County, that the actual business use of the location for which a business registration has been applied for or granted, complies with what is allowed at the location under the County’s zoning ordinance. Nothing in this provision shall be interpreted to abrogate or limit any variances, special exceptions, or lawful nonconforming uses, previously established under the County’s zoning ordinance. In the case of amortization of signs, structures, and uses, the business owner must demonstrate that the amortization period has not expired. In instances requiring an interpretation of the zoning administrator, such interpretations may be rendered in accordance with the duties assigned to the zoning administrator under the zoning ordinance;
(8) An applicant or registrant whose employer’s license is suspended or revoked for violating the South Carolina Illegal Immigration Reform Act shall have his business registration suspended or revoked by the County. Such suspension or revocation by the County shall run concurrently with the penalty imposed by the South Carolina Department of Labor, Licensing and Registration.
(Ord. 4277, § 8, passed 4-21-2009)
Where grounds exist to deny or revoke a registration under the provisions of this article, the Department of General Services shall provide written notice to the applicant or registrant setting forth the grounds revoking the license effective 10 days from the date of the notice, and advising of the appeals process.
Any person aggrieved by a denial or revocation of a business registration may appeal the decision to the County Administrator (or his designee) within 10 days after notice of the denial or revocation. A written notice of appeal must be accompanied with a $25 fee that will be used to partially defray the costs incurred in connection with the administration of appeals. The fee will be refunded in the event of final resolution of the appeal in favor of the appellant. An appeal shall stay the revocation until the administrator or his designee renders a final decision.
The administrator or his designee shall hold a hearing within 15 days of the request and render a written decision based upon the findings of fact and the application of standards herein. The decision of the administrator or his designee shall be final unless appealed to a court of competent jurisdiction within 10 days after notice of the decision. An appeal from the final decision shall not stay revocation of the registration.
For a period of 1 year after the revocation or denial of a business registration, no new registration shall be granted to the same registrant or to the registrant’s agent or any person who can be shown to acting on the registrant’s behalf in attempting to register the business with the County.
(Ord. 4277, § 9, passed 4-21-2009)
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