715.11  LICENSEE IN DEFAULT; PENALTIES.
   (a)   Any person engaging in or prosecuting any business, activity, trade or employment contrary to the provisions of this article, whether without obtaining a license therefor before commencing the same, or by continuing the same after termination of the effective period of any such license, shall in addition to paying the license tax, be liable to the following penalties:
      (1)   If the license tax to which he is subject is an annual one, or for a period of one month or more, ten percent (10%) of such tax for each month or part thereof during which he had been in default.
      (2)   If the license tax aforesaid is for any period less than one month, ten percent (10%) of such tax for each such tax period or part thereof during which he has been in default.  The City representative shall collect the full amount of the license and penalty therefor.
(1960 Code 4-111)
   (b)   Any person in possession of a license granted under Part Seven of the City Codified Ordinances found to have permitted one or more violations of State or municipal law to occur at the location of the business for which the license has been granted shall be subject to the revocation of said license.  Any person in possession of a license granted under Part Seven of the City Ordinances found to have permitted any condition at the location of the business for which the license has been granted, which condition constitutes a threat to the health or safety of the public, shall be subject to the revocation of said license.
   (c)   Upon written notice by the Mayor of Ripley, provided to the license holder by service of the same at the business location, the license holder shall appear before the Common Council and show cause why the license should not be revoked.  The notice shall advise the license holder of the condition or conditions and violation or violations which are alleged to have occurred at the business location.  The license holder shall have the right to present evidence in response to the notice  to show cause.
   (d)   If the Common Council should find by a preponderance of the evidence that one or more violations of State or municipal law have occurred at the location of the business for which the license has been granted, or that any condition at the location of the business for which the license has been granted constitutes a threat to the health and safety of the public, the Common Council shall have the right to revoke the license previously issued.  Any action taken by the Common Council to revoke said business license shall be subject to appeal to the Circuit Court of Jackson County.  Any such appeal shall be an appeal on the record established in the hearing before the Common Council and shall not be an appeal de novo.
   (e)   All licenses issued by the City of Ripley prior to and after the adoption of this amendment to Section 715.11 shall be subject to revocation under this article.
(1-29-07)