(A) Signature to application. Each application for an annual business regulatory license required by this chapter shall be signed by the applicant or an authorized representative of the applicant.
(B) Payment of fees. Each application for an annual business regulatory license required by this chapter shall be presented to the City Clerk/Tax Collector, or any designee thereof, along with both the business regulatory license fee and any occupational license fee that is due from the applicant. No application for a business regulatory license shall be accepted or received by the City Clerk without payment in full of the business regulatory license fee and any occupational license fee due from the applicant.
(C) Review of applications. Each application for an annual business regulatory license required by this chapter that is received and accepted by the City Clerk/Tax Collector shall be immediately referred to the Mayor, who shall review it according to the following standards within 15 days after the receipt and acceptance thereof by the City Clerk/Tax Collector.
(1) When the applicant, or employees of the applicant, are required to have any license, permit, degree, certification or other similar document pursuant to the provision of any applicable law for the conduct of or employment in the business which is the subject of the application; the license, permit, degree, certification or other similar document shall have been duly issued to the applicant or employees of the applicant prior to the issuance of the business regulatory license. Documentary evidence of the issuance satisfactory to the Mayor shall be provided by the applicant.
(2) The Mayor shall consider the business history of the applicant whether the persons named and identified in the application have been denied or had suspended or revoked a similar license by the city or any other city, county or state and the reasons therefor; shall consider whether the persons named and identified in the application are indebted to the city for delinquent taxes, assessments, fines or similar obligations; shall consider whether the business and the proposed location complies with all applicable laws, including, without limitation, land subdivision use, zoning, building construction and maintenance, fire prevention and life safety regulations.
(3) After review of the application in conformity with § 60.012 and this section, the Mayor shall notify the City Clerk/Tax Collector, or any designee thereof, of either.
(4) The approval of the application.
(5) The approval of the application conditionally; if the application is approved conditionally, the Mayor shall determine and require those conditions that are reasonably necessary to accomplish the intent of this chapter, including, without limitation:
(a) A requirement that the applicant post bond with surety acceptable to the city in a reasonable amount determined by the Mayor to ensure compliance.
(b) A requirement that a debt to the city be paid in full before a specified date.
(c) A requirement that the applicant permit periodic inspection of certain parts of the premises or of certain records.
(d) A requirement that certain alterations be made in the premises before a specified date.
(6) The disapproval of the application.
(D) Notice to the applicant. Unless the City Clerk/Tax Collector receives a written notice from the Mayor, within fifteen (15) days after an application for a business regulatory license has been referred to the Mayor, that the application was approved or conditionally approved or disapproved, the City Clerk/ Tax Collector shall issue the business regulatory license to the applicant at the address indicated in the application.
(E) Conditional approval of application. In the event that the City Clerk/Tax Collector receives a written notice from the Mayor, within fifteen (15) days after an application for a business regulatory license required by this chapter has been referred to the Mayor for review pursuant to division (C) of this section, that the application was conditionally approved, the City Clerk/Tax Collector shall notify the applicant thereof and the reasons therefore identified by the Mayor, by certified mail, return receipt requested, to the address of the applicant indicated in the application, along with a notice that the license will be issued by the City Clerk/Tax Collector only upon receipt by the City Clerk/Tax Collector of a written signed acceptance by the applicant of the conditions to be performed prior to the issuance of the license. The notice shall also state that if the acceptance is not received by the City Clerk/Tax Collector within such time, the application will thereby be disapproved.
(F) Disapproval of application. In the event that the City Clerk/Tax Collector receives a written notice from the Mayor, within fifteen (15) days after the application has been referred to the Mayor that the application was disapproved by the Mayor, the City Clerk/Tax Collector shall notify the applicant of that denial and the reasons therefor and send such information to the address of the applicant indicated in the application.
(G) Business regulatory license revocation or suspension.
(1) Any business regulatory license required by this chapter may be revoked or suspended by the Mayor for any period of time determined by the Mayor to be reasonable and appropriate for any of the following reasons; but only after a due process evidentiary hearing before the Mayor 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 (10) days prior to the hearing:
(2) Any false or intentionally misleading statement or information provided in the license application.
(3) Any failure or refusal to perform or abide by any of the conditions of a conditional license.
(4) 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.
(5) 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.
(6) The violation of any applicable law in the conduct of the business by any person engaged therein. Violations of applicable laws by any person within the business premises of the licensee, or under the control thereof.
(Ord. 12-2007, passed 12-19-07)