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(A) The location of any licensed or registered business, activity or occupation may be changed, but only upon ten days prior written notice thereof to the City Clerk or a designee, and only if any required review, inspections or investigations indicate that the city’s building and zoning requirements are met in the new location, or in the case of a business that is required only to register with the city, only if the use is permitted in the zoning district where it is located.
(B) Any license issued or registration filed under this title shall be applicable only to the specific licensee or registrant, and may not be sold, transferred or otherwise assigned. In the event that the business is sold, a new license or registration will be required.
(Ord. 09-44, passed 2-23-10)
No business, whether licensed or not, shall be conducted or operated so as to create a nuisance.
(Ord. 09-44, passed 2-23-10) Penalty, see § 110.99
(A) Whenever inspections are provided for or required by the city's code for any premises used in connection with the operation of a licensed business, activity or occupation to determine compliance with any provision of the city's code or to detect violations thereof, it shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit any officer or employee of the city who is authorized or directed to make such inspections upon such a request for admission at any reasonable time.
(B) In addition to any other penalty which may be provided for in this title, the City Administrator or a designee, or in the case of a business license issued to a business that also holds a liquor license pursuant to Chapter 111 of this code, the subchapter entitled Alcoholic Liquor Control; or a license issued pursuant to Chapter 119 or Chapter 122, the Mayor or a designee, may revoke the license for any licensed business, activity or occupation in the city if the licensee refuses to permit any authorized officer or employee of the city to make any required inspection as provided in this section, or who interferes with any such officer or employee engaged in such inspection as authorized and directed by the city; provided, that no license shall be revoked for such cause unless a written demand is made upon the licensee or person in charge of the premises for such an inspection.
(Ord. 09-44, passed 2-23-10; Am. Ord. 13-54, passed 11-12-13)
(A) Any person who violates any provision of this title for which another penalty is not specifically provided shall, upon conviction, be subject to the general penalties provided for in § 10.99 of this code. Each day a violation continues shall be deemed a separate violation. The minimum fine for any further conviction of a violation within a one-year period shall be $250.
(B) In addition to any other penalty provided for herein, any license may be suspended for up to 30 days, or revoked by the City Administrator or a designee, or by the Mayor or a designee in the case of a business license issued to a business that also holds a liquor license pursuant to Chapter 111 of this code, the subchapter entitled Alcoholic Liquor Control; or a license issued pursuant to Chapter 119 or Chapter 122, at any time during the term of such license for a violation of any provision of this title regulating the business, activity or occupation subject to a license hereunder, or the premises occupied, or for a violation of any other provision of the city's code related thereto, in accordance with the following.
(1) Every act or omission of whatever nature that constitutes a violation of any of the provisions of this title or any other provision of this code related to the licensed business, activity or occupation, or the licensed premises, by any officer, director, manager, employee, or agent of any licensee, shall be deemed and held to be the act of such licensee, and such licensee shall be subject to the same penalties as if the act or omission had been committed or omitted by the licensee personally. Accordingly, any act or omission by any such persons that constitutes a violation of the provisions of this title or any other provision of this code related to the licensed business, activity or occupation, or the licensed premises, shall be deemed to be the act or omission of the licensee for purposes of determining whether the license should be suspended, revoked or renewed.
(2) A business license issued pursuant to this title may be suspended or revoked only after no less than three day's written notice from the City Administrator of the alleged violation and an opportunity for the licensee to appear and defend against such violation. Hearings concerning alleged violations shall be before the City Administrator or a designee, or by the Mayor or a designee in the case of a business license issued to a business that also holds a liquor license pursuant to Chapter 111 of this code, the subchapter entitled Alcoholic Liquor Control; or a license issued pursuant to Chapter 119 or Chapter 122. Following such a hearing, the hearing officer shall issue written findings and an order concerning the suspension or revocation. Notwithstanding the provisions of this division (B), if the City Administrator or a designee, or in the case of a business license issued to a business that also holds a liquor license pursuant to Chapter 111 of this code, the subchapter entitled Alcoholic Liquor Control; or a license issued pursuant to Chapter 119 or Chapter 122, the Mayor or a designee, has reason to believe that the continued operation of a licensed premises will immediately threaten the welfare of the community or create an imminent danger of a violation of applicable law, the premises may be closed for not more than three days pending the hearing provided for in this division; provided that if such licensee also is engaged in the conduct of other businesses on the licensed premises, such order shall not be applicable to such other businesses.
(3) In the event of a revocation of a license pursuant to this section, the licensee shall forfeit any and all monies paid for such license.
(Ord. 09-44, passed 2-23-10; Am. Ord. 13-54, passed 11-12-13)