A. Grounds for Suspension Or Revocation: A business license issued under this chapter may be suspended or revoked for good cause. Good cause shall include, but is not limited to, the following:
1. Failure to pay business license fees within thirty (30) days of their due date;
2. Failure to renew the business license under the provisions of this chapter;
3. Failure to maintain other licenses required by federal, state, or local laws, which are necessary to conduct the enterprise endorsed on the license;
4. Failure to keep the enterprise free of unsanitary conditions, excessive noise, disturbances, violations of the Pershing County Development Code, and other conditions on or about the premises which cause, or tend to cause, a public nuisance or which injuriously affect the public health, safety or welfare;
5. Any act in the operation of the business that is unlawful or prohibited by federal, state, or local laws;
6. Any fraudulent practices or misrepresentations in the operation of the business;
7. Any concealment or misrepresentation in procuring a license; and
8. Becoming more than sixty (60) days delinquent in the payment of county real or personal property tax owed by the business licensee.
B. Suspension Of Business License: If a business licensee violates any of the provisions contained in subsections A1 through A8 of this section, the director may suspend the license, pending action by the board of county commissioners on revocation, under the following conditions:
1. The director shall notify the business licensee of the violation via certified mail, return receipt requested, personal service, or posting notification at the place of business. The notice shall contain:
a. The name and address of the business licensee;
b. The violation which has occurred;
c. That the business licensee has five (5) days, excluding weekends and holidays, from the receipt of the notice to remedy the violation; and
d. That if the business licensee fails to remedy the violation the business license will be suspended.
2. If the business licensee fails to remedy the violation, the director shall provide a second notice via certified mail, return receipt requested, personal service, or posting notification at the place of business, which shall contain:
a. The name and address of the business licensee;
b. The violation which has occurred;
c. The date the suspension will be in effect; and
d. A notice of revocation and hearing as provided in subsection C1 of this section.
3. The date the business licensee is deemed to receive the notice shall be determined as follows:
a. If the director personally serves the business licensee, the date of service;
b. If the director posts the notice at the place of business, the date it is posted; and
c. If the director sends the notice by certified mail, return receipt requested, the date of delivery as evidenced by the return receipt.
C. Revocation of Business License: Unless otherwise specified in this chapter, the board of county commissioners may revoke any business license issued under this chapter, under the following conditions:
1. Notice of Revocation And Hearing: The board shall serve upon the business licensee a notice of revocation and hearing. This notice shall be served upon the business licensee at least forty eight (48) hours prior to the time specified for hearing. The notice shall be deemed received in accordance with subsection B3 of this section. The notice shall include:
a. The name and address of the business licensee;
b. The cause(s) of the revocation;
c. The date and time of the revocation hearing; and
d. That the business licensee may submit evidence in opposition to the revocation.
2. Hearing of Revocation: In order to revoke a business license under this chapter, the board of county commissioners shall conduct a hearing to determine whether to revoke the license. The board shall permit any interested party, including the business licensee, to testify or otherwise submit evidence in favor of or opposition to the revocation. The board shall consider all the evidence presented and cause to have entered in the minutes its findings, stating specifically any causes for revocation found by the board. The board shall then enter its order in the minutes.
3. Notice of Revocation: If the board revokes the license, the business licensee shall be served notice of revocation following the hearing. The revocation shall be effective upon receipt of the notice, as specified in subsection B3 of this section. (Ord. 338, 2020: Ord. 331, 2017)