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A. In addition to any other fees, penalties or fines for a violation or an infraction or any other remedy available to the City, a business license may be revoked if, after notice and hearing before the City Council, the City Council determines that any of the following causes exist:
1. The applicant for the business license has given false or misleading information or has withheld important information in the application which was presented to the City Council for consideration or in the investigation conducted by the City Council during its deliberations and consideration of the application.
2. The person conducting the business is exceeding and/or violating the terms and conditions of the business license approved by the City Council.
3. Any change in condition which causes the business to exceed and/or violate the terms and conditions of the business license approved by the City Council.
4. Revocation or suspension of any license issued by the State of Idaho, Bannock County or the City to conduct the business for which the business license was issued.
5. Cancellation or non-renewal of any insurance required for the issuance of the business license.
6. Cancellation or termination of any lease of any real property, or sale of any real property, on which the business is licensed to operate.
7. Cancellation or termination of any lease of any real property, or sale of any real property, on which parking was located which causes the business to be in non-compliance with the off-street parking requirements of the Zoning Ordinance for the City of Lava Hot Springs.
8. Erection or use of a sign which violates the Lava Hot Springs Sign Code contained in Title 9, Chapter 4 of the City Code of Lava Hot Springs, Idaho.
9. Any condition which cause the business to be in non-compliance with the Building Code Ordinance of the City of Lava Hot Springs, Idaho.
10. Refusal to permit a compliance inspection.
11. Failure to take adequate precautions or make adequate changes or modifications which will reasonably protect the health, safety and welfare of customers and/or occupants of the business.
12. Failure to adequately safeguard the general welfare of nearby property owners or residents by allowing, or failing to prevent excessive or inappropriate noise, light, disturbance or other conduct that disturbs the peace and good order of nearby property owners, occupants or residents.
13. Failure of the business to adequately protect the general health, safety and welfare of the neighboring residents and businesses from business related activities by allowing, or failing to prevent the following: (1) excessive on-street parking by guests and customers; (2) impediments to the free flow of traffic on City streets; (3) impediments to snow removal on City streets and sidewalks; (4) conduct which blocks alleys or driveways; (5) conduct which unreasonably interferes with adequate on-street parking for residents and other businesses, (6) conduct which creates excessive accumulation of trash and rubbish; (7) conduct which produces offensive smoke or odor; (8) conduct which creates inappropriate displays which interfere with the quiet enjoyment of neighboring properties; and (9) other conduct which is inconsistent with the general health, safety and welfare of residents in the neighborhood in which the business is located.
14. Failure of the owner or manager or operator of a recreational motor vehicle rental business to take appropriate action to prevent operators from trespassing on private property, creating excessive erosion and damage to public property, driving recklessly, driving at excessive speeds, failing to obey traffic regulations, driving on sidewalks and otherwise creating hazards for pedestrians and vehicular traffic in the City.
15. Engaging in illegal activity at the business location and/or failing to take appropriate action to prevent customers, guests and/or renters from engaging in illegal activity at the business location.
B. Notice Of Hearing: If the Mayor, City Clerk or the Code Enforcement Officer finds that one or more of the causes listed in this section exist, the City Clerk shall send notice of the hearing to the person to whom the business license was issued by U.S. mail, postage prepaid, at the business address listed on the business license, which notice shall include a written statement setting forth the reasons for the proposed revocation and the time and the place of the hearing. In lieu of mailing the notice, the City Clerk may cause the notice to be delivered to the business location, leaving it in a conspicuous place. Such notice shall be mailed or delivered to the business location and left in a conspicuous place at least ten (10) business days prior to the date set for the hearing.
C. Hearing: The City Council shall hold a hearing to determine whether any one of the causes for revocation listed in subsection "A" above exist. The City Council shall issue its written decision within twenty (20) days after said hearing, which shall include the City Council's written findings which support its action. The time for entering of the City Council's decision may be extended by the City Council in cases where the complexity of the case requires additional time for proper review and consideration by the City Council. The City Council shall transmit a copy of the decision to the business in the same manner as provided for serving the notice of hearing.
D. Forfeiture of Fee; Reapplication: If a business license is revoked, the fee already paid for the business license shall be forfeited. The person whose license has been revoked under this section may not apply for a new license for a period of one year from the date the revocation took effect. (Ord. 2020-3, 8-13-2020)