(A) All persons or businesses operating within the City of Olive Hill must secure a business license before conducting business within the corporate limits. All businesses currently operating. without a business license must secure a license within 30 days of the passage of this chapter. An application for business license will be made available per request of the City Clerk during normal business hours at City Hall at 225 Roger Patton Drive, Olive Hill, Kentucky.
(B) The applicant must answer every section and subsection fully and honestly. Failure to do so may result in suspension in the operation of said applicant and/or issuance of license. It must include the business name, address, telephone number and the name and contact information for the person responsible for date to date operations. It must fully sufficiently describe the business operations, date which the business began or is expected to begin, number of employees anticipated to work during the license year, explanation as to any prior application denials, the criminal history as well as a list of adjudicated violations of moral turpitude of all officers, owner or persons engaged in the day to day management, a statement as to whether hazardous materials will be stored upon the premises and copy of all licenses or permits, all other information which may be reasonably necessary and must be signed, under oath and subject to perjury and revocation and/or denial of said license.
(C) The applicant's place of business and premises must comply with all applicable state statutes and ordinances of the city. No license will be issued for conduct or circumstances which would deem a violation of the city's code.
(D) All actions under this chapter shall be administered through the City Clerk, under the direction of the Mayor. The City Clerk, at the direction of the Mayor, shall have authority to issue and promulgate such regulations as he or she may consider necessary for the administration of this chapter and in order not to conflict with any other ordinance within the City of Olive Hill. No license shall be issued for any unlawful activity, or for any business that the City Clerk, at the Mayor's direction, considered detrimental to the public welfare or contrary to public interest, but any such decision may be appealed before the City Council.
(E) A license may be revoked if:
(1) The license holder fails to comply with this chapter or other applicable law, or if any person licensed to conduct business in the city is convicted of a felony, a misdemeanor for which a jail sentence may be imposed, any other crime in which moral turpitude is involved or any other crime which directly relates to the business, occupation or profession of which a license was issued. Notice may be given by the city's Code Enforcement Officer, City Clerk or the Mayor. The City Clerk must document the license holder's name, the nature of the violation and other pertinent information;
(2) The license holder or the business shall conduct any behavior which would be deemed a nuisance or obnoxious to the moral and general welfare of the public or disorderly behavior occurs on said premises; or
(3) The license holder misrepresents any material facts as to the kind of business in the application.
(F) If the Mayor has probable cause to believe a license shall be revoked for any reason stated herein, the Mayor shall provide notice of revocation and set forth each charge upon which the decision was made. The license holder may appeal for reinstatement before the City Council within 30 days of said notice. The Council may consider the following when a request for reinstatement is made: the nature or seriousness of the crime; the relationship of the crime to the purpose of the business, occupation or profession for which a license was issued; the relationship of the crime with the ability, capacity and fitness required to operate the business; and the extent to which a person is likely to be rehabilitated.
(G) If the applicant is not in violation of any chapter, not otherwise operating in violation of federal, state or local laws, a license certificate may be issued to each person or entity filing an application. If also paying all other fees and occupational taxes under this or any other city ordinance.
(H) The cost for obtaining a fee shall be set forth as follows: $100.
(I) Failure to pay the business license fee will result in immediate denial. Failure to pay a yearly renewal fee shall result in a fine of $50 for every day said business continues to operate. Failure to pay renewal fees may be used in determining whether the applicant may conduct business within the city.
(J) Nobody, other than those engaged as employees in the city, shall conspire, cause, permit, promote, allow, aid, assist, encourage or engage in business for which a business license has not been issued.
(K) Business licenses are non-transferrable and may not be assigned to any person or business unless, after careful determination, the City Clerk, at the Mayor's direction. Said license may be transferred if it is deemed the kind of business is not materially changed. No additional fee is required if this request is approved.
(L) All businesses must keep its license on file at said premises and published in a location visible to city employees. The certificate shall show the year for which it is issued, the name of the person to whom issued and the address/location of the place of business being licensed.
(M) The license holder shall allow inspection of the premises used for, or in connection with, the operation of a licensed business or occupation which are reasonably necessary to secure compliance with any ordinance or provision or to detect violations thereof. It shall be the duty of the license holder or person in charge of the premises to admit thereto for the purpose of making an inspection by the city's Code Enforcement Officer or other employee of the city who is authorized or directed to make such inspection at any reasonable time that admission is requested. Determining the reasonableness of an inspection shall be an analysis of whether it is reasonably necessary to secure compliance with any city ordinance or other laws and regulations. In addition to other penalty, the Mayor may revoke the license of any license holder or business which refuses to permit such officer or employee authorized to make such inspection. The business license holder shall be given reasonable notice that inspection will be made upon the premises.
(N) This business license does not affect the payment of any other fees, occupational tax, or other taxes assessed or enforced before the date of this chapter nor thereafter unless specifically referenced in writing.
(O) All ordinances not in conflict with this chapter, namely the current occupational tax, shall remain in full force and effect.
(Ord. 19-04, passed 7-16-2019)