Loading...
(A) Upon receipt of the application for a license, accompanied by the proper fee, if approval by another officer or department is not required, the City Clerk shall forthwith deposit the fee in the General Fund of the city and issue to the applicant a proper license certificate signed by the City Clerk and any other appropriate city official. If for any reason the license is not issued, the license fee shall be returned to the applicant.
(B) Upon receipt of an application, an investigation of the applicant’s business reputation and moral character shall be made.
(C) The application shall be approved unless such investigation discloses tangible evidence that the conduct of the applicant’s business would pose a substantial threat to the public health, safety, morals or general welfare. In particular, tangible evidence that the applicant has done or possesses any of the following will constitute valid reasons for disapproval of an application:
(1) Has been convicted of a crime of moral turpitude;
(2) Has made willful misstatements in the application;
(3) Has committed prior violations of ordinances pertaining to itinerant merchants, peddlers, solicitors and the like;
(4) Has committed prior fraudulent acts;
(5) Has a record of continual breaches of solicited contracts; or
(6) Has an unsatisfactory moral character
(A) A license shall not be valid beyond the expiration date therein specified and, unless otherwise provided, shall not extend beyond December 31 of the year issued. However, at any time after December 14 licenses may be issued for the ensuing calendar year. Unless otherwise specified the full annual fee will be required of licensees irrespective of the date of issue of the license.
(B) In no event shall a license be granted to any business or any person for a longer time than 1 year.
Every license shall be issued to a real party in interest in the enterprise or business and unless otherwise provided no license shall be assigned or transferred.
Penalty, see § 110.99
Every licensee carrying on business at a fixed location shall keep posted in a prominent place upon the licensed premises, the license certificate. Other licensees shall carry their license certificates at all times and whenever requested by any officer or citizen, shall exhibit the license.
Penalty, see § 110.99
(A) Any license may be revoked by the legislative body at any time for conditions or considerations which, had they existed at the time of issuance, would have been valid grounds for its denial; for any misrepresentation of a material fact in the application discovered after issuance of the license; for violation of any provision of this chapter or other law or ordinance relating to the operation of the business or enterprise for which the license has been issued; or upon conviction of a licensee for any federal, state or municipal law or ordinance involving moral turpitude.
(B) The revocation shall become effective upon notice served upon the licensee or posted upon the premises affected.
(C) As a preliminary to revocation, the legislative body may issue an order suspending the license, which shall become effective immediately upon service of written notice to the licensee. This notice shall specify the reason for suspension, and may provide conditions under which reinstatement of the license may be obtained. Upon compliance with these conditions within the time specified, the license may be restored.
In case any applicant has been denied a license, or if his or her license has been revoked or suspended, the applicant or licensee as the case may be, shall within 3 business days have the right to appeal to the legislative body from the denial, revocation or suspension. Notice of appeal shall be filed in writing with the City Clerk who shall fix the time and place for a hearing which shall be held not later than 1 week thereafter. The City Clerk shall notify the Mayor and all members of the legislative body of the time and place of the hearing not less than 24 hours in advance thereof. A majority of the legislative body members shall constitute a quorum to hear the appeal. The appellant may appear and be heard in person or by counsel. If, after hearing, a majority of the members of the legislative body present at the meeting declare in favor of the applicant, the license shall be issued or fully reinstated as the case may be; otherwise the order appealed from shall become final.
(A) The City Council finds that the size of many homes and lots being used for short-term rental in Pewee Valley creates an unwanted and inappropriate opportunity for the short-term rentals to become large event spaces.
(B) The City Council hereby finds that the impact of traffic, noise and transient persons from these potentially large events is inappropriate for the city and cannot be mitigated.
(C) Therefore, no person, firm or corporation shall own or operate a short-term rental on any premises (whether it is the personal residence of the owner or not), within the city, unless the property is zoned C-2, C-3, or C-4, which allows hotels and motels as a Permitted Use.
(Ord. 2020-5, passed 8-3-2020; Am. Ord. 2021-1, passed 2-1-2021) Penalty, see § 110.99
(A) Whoever violates any provision of this chapter shall be guilty of a misdemeanor and shall be fined not more than $500.
(B) Any person who operates a short-term rental shall be issued a citation by an enforcement officer designated by the city and ordered to cease operations. Violation of § 110.10 (including advertising for short-term rental without a license) carries a penalty of not less than $150 for first offense and $400 per day for each day of violation thereafter. Each day of such violation(s) shall constitute a separate offense.
In addition to the penalties provided herein, the city is authorized to pursue remedial civil actions for violations of § 110.10 by civil complaint or petition for injunctive relief, declaration of rights or other appropriate proceedings filed in the Oldham County, Kentucky Circuit Court.
(Ord. 2020-5, passed 8-3-2020; Am. Ord. 2021-1, passed 2-1-2021)