Loading...
An application for a business or alcoholic beverage license may be denied, or an existing business or alcoholic beverage license may be suspended or revoked for any of the following grounds:
A. The licensee does not meet or fails to maintain the qualifications for a license as provided under this title;
B. False or incomplete information given on an application;
C. The licensee has violated, is violating, or due to the nature of licensee's business would violate any provision of this title or provisions of other City ordinances, State or Federal laws governing the licensee's business;
D. The licensee has obtained or aided another person to obtain a license by fraud or deceit;
E. The licensee fails to pay licensing fees including, without limitation, any penalty imposed for attempting to pay with a check, draft or financial transaction card that is not honored by the drawee;
F. The licensee refuses authorized representatives of the City to make an inspection or has interfered with such representatives while making an inspection;
G. The licensee is not complying with requirements or conditions set by the City;
H. Violation of City, State or Federal laws by the agents or employees of a licensee;
I. Any other reason provided in this title. (Ord. 17-18)
All licensees or applicants for a license hereunder shall have the right to appeal a denial of their licenses or other action taken by the City under this title, except for suspensions or revocations of licenses, by filing a written appeal with the City License Administrator within sixty (60) calendar days from the date of the denial or action taken by City. All complaints not presented to the City License Administrator prior to the established deadline shall not be considered.
A. License Hearing Officers: The Mayor, on January 15 of each year, shall prepare and appoint a list of five (5) license hearing officers for the purpose of hearing appeals pursuant to this section and revocation and suspension hearings pursuant to section 5.04.090 of this chapter. For each appeal or revocation or suspension hearing that requires a hearing officer, the City License Administrator shall select, on a random basis, from the list one (1) hearing officer to hear a specific appeal or a revocation or suspension complaint. If the selected hearing officer is unable to hear the matter within the time constraints provided herein, another hearing officer on the list shall be randomly selected. Following appointment to the list, hearing officers are required to know and understand this title.
B. Hearing Procedure: On the filing of a written appeal under this section, the City License Administrator shall schedule a date and time of the hearing before a hearing officer selected from the list provided in subsection A of this section and notify the aggrieved licensee or applicant, by certified mail or personal service, of the hearing date and time within seven (7) calendar days, excluding legal holidays, from the date the written appeal was filed with the City License Administrator. The hearing shall be held within fifteen (15) calendar days after the City License Administrator receives the written appeal. The hearing officer shall receive evidence and testimony relevant to the appeal. The hearing shall be held in accordance with the rules of administrative procedure.
C. Recommendations By The Hearing Officer: Within seven (7) calendar days after the conclusion of a hearing in subsection B of this section, the appointed hearing officer shall prepare and submit written findings of fact and recommendation(s) to the Mayor.
D. Mayor's Action: Within ten (10) calendar days of receiving the hearing officer's findings of fact and recommendations, the Mayor shall issue an order, file the order with the City License Administrator, and notify the aggrieved licensee or applicant of the order by certified mail or personal service.
E. Time Requirements: Any time requirements provided herein may be extended by written stipulation of the City License Administrator and the aggrieved licensee or applicant.
F. Appeal To District Court: Any licensee or applicant aggrieved by an order entered by the Mayor pursuant to this section may maintain an action for relief therefrom in any court of competent jurisdiction; provided the action for such relief is filed with the court within thirty (30) calendar days after the Mayor's order is received by licensee or applicant. (Ord. 17-18)
A. Written Complaint: If the City License Administrator finds grounds to suspend or revoke a license under the provisions of this title, the City License Administrator shall serve on such licensee a written complaint specifying the grounds for the suspension or revocation.
B. Hearing Scheduled: The City License Administrator shall schedule a hearing with a hearing officer who is on the list of hearing officers appointed by the Mayor pursuant to subsection 5.04.080A of this chapter, provided, however, that the hearing date shall not be less than twenty (20) calendar days from the date the licensee was served with the complaint. The City License Administrator shall notify the licensee of the hearing date no later than fifteen (15) calendar days before the hearing.
C. Hearing: The hearing officer shall conduct a full hearing and receive evidence and testimony relevant to whether the City should suspend or revoke the licensee's license. The hearing shall be held in accordance with the rules of administrative procedure.
D. Submission Of Written Findings And Recommendations: Within ten (10) calendar days following the conclusion of the hearing, the hearing officer shall submit written findings and recommendations to the Mayor.
E. Written Order: Within ten (10) calendar days from the date the hearing officer's written findings and recommendations were filed with the Mayor, the Mayor shall issue a written order, to be either personally served on or mailed to the licensee:
1. Suspending the license for a specified time;
2. Revoking the license; or
3. Maintaining the status of license as valid and effective.
F. Time Requirements: Any time requirements provided herein may be extended by written stipulation of the City License Administrator and the licensee.
G. Appeal To District Court: Any licensee aggrieved by an order of the Mayor pursuant to this section may appeal to a court of competent jurisdiction within thirty (30) calendar days after the Mayor's order is served as provided in this chapter. An appeal to District Court shall not stay implementation of the Mayor's order unless otherwise ordered by the District Court. (Ord. 17-18)
All notices required by this title shall be made by personal service or by mailing with the United States Postal Service postage pre-paid. Should notices be mailed, they will be deemed received and shall become effective three (3) business days after being deposited in the mail. (Ord. 17-18)
A. It shall be unlawful for any person to commence or conduct any enterprise, business, trade, craft or home occupation within the City without first procuring all applicable City business licenses or permits. For new business license applications, an applicant may not be found guilty of this offense, or held liable for late fees, charges or other penalties, if the original application is made within thirty (30) days of the commencement of such business operations or activities.
B. If, at any time, a license issued under this title is suspended or revoked, it shall thereafter be unlawful for the holder of such license to conduct business on the premises described in such application or license until the revoked or suspended license is reinstated or a new license is issued. (Ord. 17-18)
Every person shall obtain a separate license for each separate place of business maintained within the City. It is unlawful for any business to be conducted from mobile or portable structures without first obtaining a business license for each activity or business. (Ord. 17-18)
Loading...