(A) Signature to application. Each application for an annual occupational license required hereby shall be signed by the applicant or an authorized representative of the applicant, who shall attest to the truth of the statements therein, with knowledge that any false statements constitute perjury, for which the signatory may be prosecuted and punished according to law; and such signatures shall be notarized according to law.
(B) Presentment of application; copy of application to City Clerk; payment of fees. Each application for an annual occupational license required hereby shall be presented to the City Clerk, or any designee thereof, along with both the occupational license fee and any occupational license fee due from the applicant. No application for an occupational license shall be received by or on behalf of the city without payment of the occupational license fee and any occupational license fee due from the applicant.
(C) Review of applications by City Manager. Each application for an annual occupational license required hereby shall be immediately forwarded to and reviewed by the City Manager according to the following standards within thirty (30) days after actual receipt by the City Clerk:
(1) When the applicant, or employees of the applicant, are required to have any license, permit, degree, certification or other similar document pursuant to the provision of any applicable law for the conduct of or employment in the business which is the subject of the application; the license, permit, degree, certification or other similar document shall have been duly issued to the applicant or employees of the applicant prior to the issuance of the occupational license. The applicant shall provide documentary evidence of the issuance satisfactory to the City Manager.
(2) The criminal record of the persons named or identified in the application shall be considered to the extent such record includes conviction of a felony, a misdemeanor for which imprisonment or other confinement was a possible penalty, any other crime in which moral turpitude was involved; or any other crime which was directly related to a business of the type which is the subject of the application. In determining if a conviction was directly related to a business, the City Manager shall consider:
(a) The nature and seriousness of the crime for which the person was convicted.
(b) The relationship of the crime to the purpose of the regulation of the business.
(c) The relationship of the crime to the ability, capacity and fitness required to perform the duties and discharge the responsibilities of the operation of the business.
(d) The extent to which the person convicted has been successfully rehabilitated.
(3) The City Manager shall consider whether the business is of a type that the operation, unless closely supervised, has a probability of generating or resulting in criminal activity or adversely affecting the health, safety, morals and welfare of occupants or residents of adjoining property, the citizens and residents of the city, or will constitute a nuisance.
(4) The City Manager shall consider the business history of the applicant including:
(a) Whether the persons named and identified in the application have been denied or had suspended or revoked a similar license by the city or any other city, county or state and the reasons therefore.
(b) Whether complaints have been received by the city about the business practices or responsibility of the persons named and identified in the application, and the disposition of those complaints.
(5) The City Manager shall consider whether the persons named and identified in the application are indebted to the city for delinquent taxes, assessments, liens, fines, penalties, or similar obligations.
(6) The City Manager shall consider whether the business and the proposed location complies with all applicable laws, including, without limitation, land subdivision and use, zoning, building construction and maintenance, and fire prevention and life safety codes and regulations.
(D) Notice to the applicant. Unless the City Manager conditionally approves or disapproves the application for an occupational license within thirty (30) days after the application has been received by or on behalf of the city, the City Clerk, or the designee thereof, shall issue the occupational license that is the subject of the application and mail it to the applicant at the address indicated in the application; and, thereafter, the applicant may engage in the franchise, trade, occupation, profession, or other business described in the application, but only at the address thereof indicated in the application, until that occupational license expires or is suspended or revoked according to the provisions of this chapter.
(E) Conditional approval of application. In the event that the City Manager conditionally approves an application for an occupational license, the City Clerk shall notify the applicant thereof and the reasons therefore by certified mail, return receipt requested, to the address of the applicant indicated in the application, along with, a notice that the license will be issued by the City Clerk only upon receipt by the City Clerk of a written signed acceptance by the applicant of the conditions to be performed prior to the issuance of the license. The notice shall also state that if the City Clerk does not receive the acceptance within such time, the application will thereby be summarily disapproved.
(F) Disapproval of application. In the event that the City Manager disapproves an application for an occupational license required hereby, the City Clerk shall notify the applicant of that denial and the reasons therefore identified by certified mail, return receipt requested, to the address of the applicant indicated in the application, with a refund of any anticipated city occupational license fee paid with the application, and a notice of the procedure established in this chapter for an appeal from the denial of that application.
(G) Occupational license revocation or suspension by the City Manager.
(1) Any occupational license required hereby may be revoked or suspended by the City Manager for any period of time determined by the City Manager to be reasonable and appropriate for any one (1) or more of the following circumstances:
(a) Any false or intentionally misleading statement or information provided in the license application.
(b) Any failure or refusal to perform or abide by any of the conditions of a conditional license.
(c) The criminal conviction of any person named or identified in the license application of a felony, a misdemeanor for which imprisonment or any other confinement is a possible penalty, any other crime in which moral turpitude is involved, or any other crime which directly relates to a business of the type for which the license was issued. However, the consideration of such a criminal conviction shall include:
1. The nature and seriousness of the crime for which the person was convicted.
2. The relationship of the crime to the purposes of the regulation of the business.
3. The relationship of the crime to the ability, capacity and fitness required to perform the duties and discharge the responsibilities of the operation of the business.
4. The extent to which the person has been successfully rehabilitated.
(d) The revocation, suspension or expiration without renewal of any license, permit, degree, certification or similar document which is required by any applicable law for the conduct of or employment in the business for which the license was issued.
(e) Where the business is a disorderly house, or to permit lewd, indecent or immoral acts to be committed therein, or on the premises adjacent thereto and under the control of the person conducting such business, or to permit on such premises or adjacent premises any lewd, boisterous or obscene conversations, sounds or other noises, or to permit such premises to be used for the purposes of prostitution, assignation or other immoral or illegal purposes or otherwise to become a nuisance.
(f) The violation of any applicable law in the conduct of the business by any person engaged therein.
(g) Violations of applicable laws by any person within the business premises of the licensee, or under the control thereof.
(2) Upon receipt by the City Manager of evidence of any of the circumstances of revocation or suspension described within subsection (a) above with regard to any application for occupational license or anybody mentioned therein, the City Manager or his or her designee shall attempt informally to contact the applicant at either the address set forth within the application or the telephone number set forth therein, and, if the contact attempt is successful: (1) disclose said circumstances to the applicant, (2) indicate to the applicant that if the circumstances are shown to the City Manager to be accurate, then the occupational license may be revoked or suspended by the City Manager, (3) request that the applicant confirm or deny the truth of the circumstances, and (4) obtain any explanation or evidence from the applicant with regard to the presence or absence of the circumstances. One (1) of the attempts to contact the applicant shall consist of a letter of notification sent to the applicant at the address set forth within the application by certified mail, return receipt requested. The City Manager may decide whether or not to revoke or suspend an occupational license after his or her attempts to contact the application are deemed unsuccessful (including the applicant's failure to accept or sign for the certified mail letter of notification), or if no response is received within ten (10) calendar days of the applicant signs for the letter of notification.
(3) After considering the evidence of the existence of the circumstances described at subsection (1) above and any matters provided by the applicant pursuant to subsection (2) above, the City Manager may revoke or suspend an occupational license if there is probable cause that any one (1) or more of the circumstances described within subsection (1) exists.
(4) The remedy of revocation or suspension of an occupational license under this section shall be in addition to the imposition of any other remedy or penalty prescribed under this chapter or other applicable law.
(H) Appeals.
(1) Any conditional approval or disapproval of an application for an occupational license required by this chapter, or any suspension or revocation of any such license may be appealed to the City Commission, by filing with the City Clerk, within thirty (30) days after the issuance of the conditional approval, disapproval, revocation or suspension:
(a) A written notice of the appeal;
(b) A copy of the conditional approval, disapproval, revocation or suspension that is the subject of the appeal;
(c) A statement why there should be an approval without conditions, or no disapproval, revocation or suspension; and
(d) An appeal fee in the sum of two hundred dollars ($200.00), to provide for the expenses of conducting a hearing with regard thereto.
(2) In such an appeal, a de novo, evidentiary, on-the-record hearing with regard to the suspension or revocation shall be conducted by the City Commission. Within ninety (90) days after the date the appeal was filed, the City Commission shall issue a written decision in regard thereto, including findings of fact, conclusions of law and a decision based upon a record of the evidentiary hearing; and the applicant shall be notified thereof by certified mail, return receipt requested, at the address thereof indicated in the application for the license. Unless an appeal from the decision of the City Commission is filed in the court having jurisdiction thereof within thirty (30) days after the issuance of the decision of the City Commission, the decision of the City Commission shall become final.
(Ord. 2010-4, passed 3-9-10)