(A) Every person and business entity engaged in any trade, business, or occupation in Kenton County shall be required to complete and execute an application/questionnaire prescribed by the Kenton County Occupational License Inspector. Every person required to file a return shall be required to complete a separate questionnaire for each separate business before the commencement of business or in the event of a status change, other than a change of address. Licensees are required to notify the County of any changes in address, the cessation of business activity, or any other changes which render inaccurate the information supplied to the county in the completed questionnaire.
(1) Any information from a previous application for an annual business license required by the county, which continues to be accurate, may be incorporated by reference into subsequent annual applications for the same license by the same applicant;
(2) Additional information that the County Occupational License Inspector deems reasonably necessary may be required of the applicant and the Occupational License Inspector is empowered to deny or withhold the issuance of a business license until such time as the requested information has been submitted;
(3) Each application for an annual business license required by the county 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;
(4) The fee for the requisition of a business license shall be $25 to offset the administrative cost to establish an account for reporting purposes. This fee may be used as a credit on the taxpayer’s initial license fee return.
(B) Any business license required by the county may be revoked or suspended by the County Occupational License Inspector for any period of time determined by the Occupational License Inspector 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 days prior to the hearing;
(1) Any false or intentionally misleading statement or information provided in the license application;
(2) Any failure or refusal to perform or abide by any of the conditions of a conditional license
(3) 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:
(a) The nature and seriousness of the crime for which the person was convicted;
(b) The relationship of the crime to the purposes 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 has been successfully rehabilitated;
(4) 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;
(5) The violation of any applicable law in the conduct of the business by any person engaged therein;
(6) Violations of applicable laws by any person within the business premises of the licensee, or under the control thereof;
(7) The revocation or suspension of a Kenton County business license pursuant to Kenton County ordinance or any other applicable law.
(C) Any conditional approval or disproval of an application for a business license required by the county, or any suspension or revocation of any such license may be appealed to the County Judge/Executive, within 30 days after the conditional approval, disapproval, revocation or suspension;
(1) A written notice of the appeal;
(2) A copy the conditional approval, disapproval, revocation or suspension that is the subject of the appeal;
(3) A statement why there should be an approval without condition or no disapproval, revocation or suspension; and
(4) An appeal fee in the sum of $200, to provide for the expenses of conducting a due process hearing in regard thereto.
(D) In such an appeal, a de novo due process hearing in or by a hearing officer appointed by the County Judge Executive, who shall file a record with the County Judge Executive, with a written recommendation regarding findings of fact, conclusions of law and a decision based thereon. Within 90 days after the date the appeal was filed, the County Judge Executive shall issue a written decision in record of the due process hearing; and the appellant shall be notified thereof by certified mail, return receipt requested, at the address thereof indicated in the application for the license. Unless an appeal from the decision of the County Judge Executive is filed in the court having jurisdiction thereof within 30 days after the decision of the County Judge Executive, the decision of the County Judge executive shall become final.
(E) Unless an earlier expiration date is provided therein, all business licenses required hereby shall expire at midnight on the 15th day of the fourth month after the end of the fiscal year of the licensee.
(Ord. 225.48, passed 12-27-07; Am. Ord. 225.50, passed 2-16-08)