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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)
A. Every temporary business activity shall obtain a temporary business license which permits the licensee to conduct business in the City for a period not to exceed ninety (90) days in any one (1) location. A temporary business license applicant may not apply for a similar temporary business license more than twice within twelve (12) consecutive months from date of issue. A temporary business license may not be issued or obtained for the purpose of avoiding or attempting to avoid the licensing requirements for a regular business license. An applicant may not apply to operate a temporary business license under a different name for the purpose of avoiding the requirements of this section.
B. A temporary outdoor facility shall be removed within five (5) days after the expiration date of the temporary license or after the last day of the sales season, whichever occurs first.
C. For fireworks stands and Christmas tree lots:
1. A refundable cash deposit in the amount of two hundred dollars ($200.00) for each outdoor sales location shall be posted with the City to ensure prompt removal and cleanup after each sales season. Said cash deposit may only be refunded if a written request for a refund is made within thirty (30) days following the close of the business, and may be returned provided the owner has performed the required removal and cleanup of the business; and
2. Proof of personal and property and public liability insurance in force in the amount of one million dollars/three million dollars ($1,000,000.00/$3,000,000.00) with the City as a named insured shall be provided to the City.
D. Garage sales are allowed in all residential zoning districts and at all properties used residentially without a business license or permit provided that the sale is limited to two (2) consecutive days and no more than three (3) such sales are conducted at the same property in any twelve (12) month period. Organized neighborhood garage sales where sales are to be conducted by multiple residential property owners located within the same block or contiguous blocks require a special events permit as outlined in title 12, chapter 12.34 of this Code. (Ord. 17-18)
A. Applications for City business licenses shall include the following information:
1. A specific statement identifying business activity(ies);
2. The kind of license desired;
3. Expiration date if a temporary business;
4. State sales tax number;
5. The street address and telephone number where such business is to be conducted;
6. Name that the business is to be licensed under;
7. Mailing address, if different than business address;
8. The name, date of birth and proof of identification through government issued picture ID of individual(s) applying for the license or individuals who are responsible for the business entity applying for the license;
9. The date of application;
10. Signature of owner or officer of the business or entity;
11. All other facts that are necessary to permit the City License Administrator to assess the license fee levied by this title.
B. Every certificate of license shall bear on its face:
1. The name of the person, business or entity to whom the license certificate has been issued;
2. The terms of the license, with the dates of its commencement and expiration;
3. Location where such business, trade or profession is conducted;
4. Space provided for the signature of the Mayor and attestation by the City Recorder;
5. The business activity approved for this location. (Ord. 17-18)
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