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(A) Any license issued under this subchapter may, with notice to the holder thereof and a hearing as hereinafter provided for, be revoked or suspended by the Board of Commissioners:
(1) If, within 12 months prior to the date on which charges are filed, there has been a conviction of any licensee or his or her agent, servants or employees for any action or activity occurring in, on or at the premises covered by the license in violation of any provision of this division, any other ordinance of the City or of any criminal or penal statute of the commonwealth against gambling, disorderly conduct or any other criminal or penal offense;
(2) If there shall occur in, on or at the premises covered by the license any condition which is a nuisance or obnoxious to the morals and general welfare of the public;
(3)
If any person is disorderly in, on or at the premises covered by the license and disturbs the good order of the community and/or the licensee or his or her agents, servants or employees suffer or permit any disorderly conduct or nuisance to occur in, on or at the licensed premises; orv
(4) If the licensee or his or her agents, servants or employees shall misrepresent any material facts as to the kind of business in his or her return, or any other fact necessary or proper to determine the amount of license fee to be paid.
(B) (1) When the City Manager has probable cause to believe that a license should be revoked for any of the causes enumerated herein, it shall be his or her duty to prefer charges against the holder of the license by filing a statement of the charges against the holder of the license with the City Clerk. The charges shall be in writing and each charge shall be clearly set out. Within 3 days after the filing of the charges with the Board of Commissioners, a notice of the filing of the charges and of the time of the hearing thereof shall be mailed to the licensee at the address shown on the license and a hearing before the Board of Commissioners shall be held within ten days after the filing of the charges with the Board.
(2) At the hearing, the evidence shall be transcribed and the introduction of any judgment of conviction in any court of competent jurisdiction shall be conclusive evidence that a violation occurred. The existence of any prior judgment of conviction for the same or similar offense, under the same ownership/ management as those being asserted as the basis for the current licensing hearing, shall be considered as actual or constructive knowledge of the existence of the engagement in the illegal conduct on the licensed premises. The licensee shall be permitted to present evidence in defense of the charges and shall be given the opportunity to refute that the licensee knew or should have known of the existence of the illegal conduct which led to a conviction on the part of the licensee or any agent, servant or employee thereof.
(3) The action and decision of the Board of Commissioners on the charges shall be reduced to writing and recorded in the minute book.
(4) Upon a finding that the licensee knew or should have known of the existence of the illegal conduct resulting in a decision by the Board of Commissioners to revoke or suspend a license under this subchapter, all business activity at the location shall cease immediately for the period of suspension or revocation.
(1995 Code, § 3.20.200) (Am. Ord. O-2008-007, passed 4-7-2008; Am. Ord. O-2021-003, passed 2-25-2021)
(A) Renewal of any existing occupational license during a period when charges against the same are pending for a hearing before the Board of Commissioners for revocation thereof shall not constitute a waiver of the charges.
(B) No transfer of an existing occupational license or issuance of any new occupational license shall be permitted so long as charges against the business and/or the license are pending for a hearing before the Board of Commissioners pursuant to this subchapter.
(C) In the event an occupational license is surrendered by the license holder pending charges against the license and prior to any revocation hearing or is revoked after hearing, no new license certificate for the business premises for which the original occupational license was granted shall issue to any person when, in the discretion of the Chief Financial Officer, the same is attempted for the sole purpose of allowing the previously surrendered or revoked license holder, or the holder of a license surrendered in lieu of revocation, to operate the same or substantially similar business under a new occupational license and merely in the name of another person, the same constituting a “sham” application.
(1995 Code, § 3.20.250)
(A) Should any occupational license holder herein voluntarily surrender any existing occupational license during the term of its issuance and prior to expiration thereof, the occupational license shall automatically be deemed as revoked, null and void and shall only be reissued upon submission of a new application and qualification for the same.
(B) In the event of the voluntary surrender, no pro rata refund of any fees paid shall be permitted.
(1995 Code, § 3.20.201) (Ord. O-97-10, passed - -)
(A) (1) The license fee provided for by this subchapter shall be as set forth in § 37.091 and shall be either:
(a) Where the annual license fee is based upon gross receipts, same shall be measured by the amount of the gross receipts of the business entity for the appropriate accounting period immediately preceding April 15 and shall be the respective percentage of the gross receipts as set forth in the applicable sections; provided, however, that, the minimum or maximum license fee shall be as therein stated, notwithstanding the amount of the gross receipts of the business entity.
(2) Unless otherwise authorized by the Chief Financial Officer, in writing, upon written request of the business entity, the fiscal year shall be the same as defined in § 7701(6)(24) of the Internal Revenue Code.
(B) The license fee shall be due and payable as provided in § 37.076. The License period shall be for one full year commencing July 1 of 1 year and extending through June 30 of the following year, except as may otherwise be specifically provided for under any section pertaining to a particular business.
(1995 Code, § 3.20.210)
The license fee for each business, as defined in § 37.071, is as set forth and indicated below.
(A) (1) Except as specifically provided in divisions (B) through (C) of this section, every person shall pay each year a license fee to the City in the amount of three and one-half tenths of 1% (.0035) of his or her gross receipts or $75, whichever is greater, but not more than a maximum of $20,000. The maximum liability imposed by this section herein shall increase or decrease annually based upon a factor equal to the Consumer Price Index (CPI).
(2)
In addition, the maximum payment amount shall be automatically adjusted on an annual basis in accordance with the annual change in the Consumer Price Index, as determined by the Federal Bureau of Labor Statistics rounded up to the nearest $100. The City shall provide the information on the new maximum payment amount contemporaneous with the annual renewal forms when they are mailed out.
(B) Every person engaged as a vendor upon the street shall pay a license fee of three and one-half tenths of 1% (.0035) of his or her gross receipts, but not less than the amount of $75 per year or $25 per day.
(1995 Code, § 3.20.220) (Ord. O-94-27, passed - - ; Am. Ord. O-2008-006, passed 4-7-2008; Am. Ord. O-2019-014, passed 6-11-2019)
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