(A) Requirements. Everybody who is engaged in any franchise, trade, occupation, profession, or other business in the city, other than those who are only so engaged as employees, shall obtain an annual business regulatory license for that franchise, trade, occupation, profession, or other business, and pay to the city a business regulatory license fee in the amount of either $50 or that part of a multi-jurisdictional occupational permit fee, collected by the county and proportionally allocated to the city, pursuant to the provisions of an inter-local agreement between the city and the county and some other cities therein, for a single multi-jurisdictional annual occupational permit fee of $225, which the Mayor is hereby authorized and directed to sign on behalf of the city.
(B) Prohibitions. Nobody, other than those who are only engaged as employees within the city, shall conspire, cause, permit, promote, allow, aid, assist, encourage, or engage in any franchise, trade, occupation, profession, or other business within the city for which the annual business regulatory license required hereby has not been issued.
(C) Form and content of annual business regulatory license and application.
(1) The form and content of the annual business regulatory license required hereby and the application for it shall be determined by the City Clerk/Treasurer.
(2) However, that the application shall include:
(a) Sufficient information for the identification of the individuals and other persons involved in the franchise, trade, occupation, profession, or other business;
(b) The computation of the annual occupational license fee imposed by this subchapter;
(c) Sufficient information and inspection authorization for a determination by the city of compliance by the licensee with all applicable laws;
(d) The name in which the business will be conducted, the street address of the real estate upon which the business will be conducted, the mailing and street addresses of the business if different from the location, and the business telephone number and the state tax identification numbers of the business;
(e) The name, residence, address, date of birth, and Social Security number of each owner of the business and each partner, officer, director, and member, if any;
(f) The name, residence, address, and telephone number of a duly authorized representative of the business who is responsible for operating and managing the business in the city, and a nighttime emergency number at which some responsible representative of the business can be reached in case of an emergency;
(g) A full description of the business operations to be conducted;
(h) The date on which the business began or will begin operations in the city;
(i) The accounting period of the business;
(j) The number of employees working or expected to be working for the business in the city during the license year;
(k) A statement describing the circumstances of each denial, suspension, or revocation of any business regulatory license for any individual or other person named or identified in the application;
(l) A statement describing the circumstances of each conviction of any person named or identified in the application of a felony, misdemeanor for which imprisonment or other confinement was a possible penalty, any other crime in which moral turpitude was involved, or any other crime directly related to a business similar to that which is the subject of the application;
(m) A statement as to whether any license, permit, degree, certification, or similar document is required by any applicable law for the conduct or employment in the business;
(n) A statement as to whether there are any hazardous materials kept at the business premises and the location thereof, whether there are pets, guard dogs, or other animals usually kept therein, and any other information which the applicant believes would be necessary or helpful to emergency personnel responding to a call to said premises;
(o) The gross receipts and hereinafter described property factor, sales factor, and payroll factor of the business for the previous calendar year;
(p) Such additional information that the City Clerk/Treasurer determines to be reasonably necessary;
(q) A warning in the following or similar language: Warning: Statements in this application shall be made under oath, by affirmation, or any other legally authorized matter of attesting to the truth of such statements, with the signatures notarized, according to law, and any false statements made herein shall be punishable according to law and may be cause for denial of the application or the revocation of any business regulatory license issued pursuant thereto; and
(r) A statement indicating whether any information within any prior applications for an annual business regulatory license, that continues to be accurate, is to be incorporated by reference into subsequent annual applications by the same applicant.
(D) Application process.
(1) Signature to application. Each application for an annual business regulatory 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.
(2) Presentment of application; copy of application to City Clerk/Treasurer; payment of fees. Each application for an annual business regulatory license required hereby shall be presented to the City Clerk/Treasurer, or any designee thereof, along with both the business regulatory license fee and any occupational license fee due from the applicant. No application for a business regulatory license shall be received by or on behalf of the city without payment of the business regulatory license fee and any occupational license fee due from the applicant. If the applicant elects to present an application for a business regulatory license to the City Clerk/Treasurer’s designee who is not an officer or employee of the city, then the applicant shall also present to the City Clerk/Treasurer a legible copy of the application, and all exhibits and attachments thereto, contemporaneously with the presentment of the application to the City Clerk/Treasurer’s designee.
(3) Review of applications by City Clerk/Treasurer. Each application for an annual business regulatory license required hereby shall be immediately forwarded to and reviewed by the City Clerk/Treasurer according to the following standards within 30 days after actual receipt by the City Clerk/Treasurer.
(a) 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 business regulatory license. The applicant shall provide documentary evidence of the issuance satisfactory to the City Clerk/Treasurer.
(b) 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 Clerk/Treasurer shall consider:
1. The nature and seriousness of the crime for which the person was convicted;
2. The relationship of the crime to the purpose 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; and/or
4. The extent to which the person convicted has been successfully rehabilitated.
(c) The City Clerk/Treasurer 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.
(d) The City Clerk/Treasurer shall consider the business history of the applicant including:
1. 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 therefor; or
2. 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.
(e) The City Clerk/Treasurer shall consider whether the persons named and identified in the application are indebted to the city for delinquent taxes, assessments, fines, penalties, or similar obligations.
(f) The City Clerk/Treasurer 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, fire prevention, and life safety codes and regulations.
(4) Notice to the applicant. Unless the City Clerk/Treasurer conditionally approves or disapproves the application for a business regulatory license within 30 days after the application has been received by or on behalf of the city, the City Clerk/Treasurer, or the designee thereof, shall issue the business regulatory 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 business regulatory license expires or is suspended or revoked according to the provisions of this subchapter.
(5) Conditional approval of application. In the event that the City Clerk/Treasurer conditionally approves an application for a business regulatory license, the City Clerk/Treasurer shall notify the applicant thereof and the reasons therefor 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/Treasurer only upon receipt by the City Clerk/Treasurer 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/Treasurer does not receive the acceptance within such time, the application will thereby be summarily disapproved.
(6) Disapproval of application. In the event that the City Clerk/Treasurer disapproves an application for a business regulatory license required hereby, the City Clerk/Treasurer shall notify the applicant of that denial and the reasons therefor 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 subchapter for an appeal from the denial of that application.
(7) Business regulatory license revocation or suspension by City Clerk/Treasurer.
(a) Any business regulatory license required hereby may be revoked or suspended by the City Clerk/Treasurer for any period of time determined by the City Clerk/Treasurer to be reasonable and appropriate for any one or more of the following circumstances:
1. Any false or intentionally misleading statements, or information provided in the license application;
2. Any failure or refusal to perform or abide by any of the conditions of a conditional license;
3. 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:
a. The nature and seriousness of the crime for which the person was convicted;
b. The relationship of the crime to the purposes 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; or
d. The extent to which the person has been successfully rehabilitated.
4. 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;
5. The violation of any applicable law in the conduct of the business by any person engaged therein; or
6. Violations of applicable laws by any person within the business premises of the licensee, or under the control thereof.
(b) Upon receipt by the City Clerk/Treasurer of evidence of any of the circumstances of revocation or suspension described within division (D)(7)(a) above with regard to any application for business regulatory license or anybody mentioned therein, the City Clerk/Treasurer 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 Clerk/Treasurer to be accurate, then the business regulatory license may be revoked or suspended by the City Clerk/Treasurer;
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 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 Clerk/Treasurer may decide whether or not to revoke or suspend a business regulatory 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 calendar days of the applicant’s signature for the letter of notification.
(c) After considering the evidence of the existence of the circumstances described in division (D)(7)(a) above and any matters provided by the applicant pursuant to division (D)(7)(b) above, the City Clerk/Treasurer may revoke or suspend a business regulatory license if there is probable cause that any one or more of the circumstances described within division (D)(7)(a) above exists.
(d) The remedy of revocation or suspension of a business regulatory license under this section shall be in addition to the imposition of any other remedy or penalty prescribed under this subchapter or other applicable law.
(8) Appeals.
(a) Any conditional approval or disapproval of an application for a business regulatory license required by this subchapter, or any suspension or revocation of any such license may be appealed to the Mayor of the city, by filing with the City Clerk/Treasurer within 30 days after the issuance of the conditional approval, disapproval, revocation, or suspension:
1. A written notice of the appeal;
2. A copy of the conditional approval, disapproval, revocation, or suspension that is the subject of the appeal;
3. A statement why there should be an approval without conditions, or no disapproval, revocation, or suspension; and
4. An appeal fee in the sum of $200, to provide for the expenses of conducting a hearing with regard thereto.
(b) In such an appeal, a de novo, evidentiary, on-the-record hearing with regard to the suspension or revocation shall be conducted by the Mayor, or by a hearing officer appointed by the Mayor, who shall file a record with the Mayor, with a written recommendation regarding findings of fact, conclusions of law, and a proposed decision based thereon. Within 90 days after the date the appeal was filed, the Mayor 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 Mayor is filed in the court having jurisdiction thereof within 30 days after the issuance of the decision of the Mayor, the decision of the Mayor shall become final.
(E) Expiration date. Unless an earlier expiration date is provided therein, all business regulatory licenses required hereby shall expire at midnight on the fifteenth day of the fourth month after the end of the fiscal year of the license.
(F) County Fiscal Court. The Mayor of the city may contract with the County Fiscal Court, for the performance of the duties imposed hereby on the City Clerk/Treasurer; provided, however, that nothing within said contract may relieve an applicant of the obligation to provide a copy of the application to the City Clerk/Treasurer contemporaneously with filing the original with the county.
(2010 Code, § 110A.03) Penalty, see § 110.99