A. Grounds For Denial, Suspension Or Revocation: The city council may deny, suspend or revoke a business license for any of the following reasons:
1. The licensee does not meet or fails to maintain the qualifications for a license as provided under this title;
2. False or incomplete information given on an application;
3. The licensee has violated or is violating any provision of this title, or provisions of other city ordinances and/or state or federal laws governing the licensee's business;
4. The licensee has obtained or aided another person to obtain a license by fraud or deceit;
5. The licensee fails to pay licensing fees, including, without limitation, any penalty imposed for attempting to pay with a check, draft or financial transaction card that is not honored by the drawee;
6. The licensee refuses entry onto the business premises by authorized representatives of the city to make an inspection or has interfered with such representatives while making an inspection;
7. The licensee is not complying with a requirement or condition set by the city;
8. Violation of city, state or federal laws by the agents or employees of a licensee that are deemed to negatively impact the health, safety or welfare of the inhabitants of city;
9. Any other reason provided for in this title.
B. Penalty: Any person who violates any provision of this chapter shall be guilty of a class B misdemeanor, as defined by state law. Each day a holder of a business license violates any provision of this chapter shall be deemed a separate violation.
C. Expiration Date Of Licenses: All licenses, excluding temporary licenses which expire as indicated on the certificate of license, shall expire on December 31.
D. Filing Of Complaints: It shall be the duty of the city license administrator to file complaints with the city attorney against persons for alleged violations of provisions of this title.
E. Penalty Fees For Failure To Obtain License:
1. A person conducting business in the city without first obtaining a business license shall be assessed a one hundred percent (100%) penalty on past due fees.
2. A late payment penalty shall be assessed on past due license fees for renewal of a business license as follows:
a. Fifty percent (50%) up to thirty (30) days delinquent.
b. One hundred percent (100%) if between thirty one (31) and sixty (60) days delinquent.
c. After sixty (60) days' delinquency, the city license administrator shall not accept a reissuance application for a license which has expired, or for which any other reason is not in full force and effect. Applicants shall be required to file an application for a new business license and pay all new business license fees and any past due licensing fees and/or penalties prior to issuance of a new license.
3. Imposition of late payment penalties is in addition to and not in lieu of any legal remedy available to the city to enforce this title. Payment of a late payment penalty is not a defense to a violation of this title.
F. Final Notice; Remedy: In February of each year, a final notice shall be sent to all licensees whose annual license fee remains unpaid. This notice shall state that unless the fee and any accrued penalties are paid within ten (10) days, legal action will be initiated by the city attorney for engaging in business without a valid business license.
G. Enforcement Remedies Not Exclusive:
1. Conducting business without a license is a continuing violation and each day of operation without a business license constitutes a separate offense for which the city may pursue any or all legal remedies available under this title or state law.
2. The city may, in addition to other remedies provided by law, take other appropriate legal action to enforce the provisions of this title.
3. The election to pursue any particular remedy provided by law does not prevent the city from pursuing any other remedy, civil or criminal, as to the same or a similar offense, against the same person who is in violation of this title. (Ord. 2008-001, 2008)