A. Any license issued under this chapter may be revoked by the business license office, the license review board, or the county manager as follows:
1. The business license administrator may administratively revoke any previously issued license when found that the licensee has:
a. Filed a false or fraudulent license application;
b. Been convicted of or pled guilty to any criminal action which would be a basis for denial of a permit, including pleas under a deferred adjudication or other similar agreement;
c. Paid fines, settlements or been convicted in criminal or civil actions by the state tax commission for the collection of, or arising from the nonpayment of taxes imposed by or collected by the state of Utah;
d. Used the business as a front for or site of illegal activity;
e. Engaged in its business without acquiring the appropriate additional approvals, licenses, and permits required by county ordinance or state or federal law for the operation of said business within the county.
2. In the event the business license administrator believes that there are sufficient factual issues to warrant a decision by the license review board (LRB), rather than the administrator for any of the reasons set forth in subsection A1 of this section, the administrator may refer the matter for a hearing before the LRB as described in this chapter. Any matter in which a written request for review and decision by the LRB has been made pursuant to subsection C of this section shall also be heard by the LRB.
3. The county manager may in his or her discretion hear and decide on a business license revocation if based upon the following:
a. The licensee has been issued a citation for failing to comply with the development code;
b. The licensee has failed to comply with the conditions or requirements of a building permit, conditional use permit, grading permit, development improvement agreement including bonding agreements, or low impact permit; or
c. The licensee has failed to comply with the terms of an applicable development agreement, stipulation agreement, consent agreement, or other agreement governing the development of property.
4. The county manager shall hear all revocation matters which are the third or fourth revocation in a license year thereby triggering sanctions under subsection E of this section.
B. Notification of the license revocation shall be sent by the administrator to the licensee at the address provided on the most recent application. Such notice shall be sent by certified mail and shall contain the following:
1. The name of the licensed business and responsible party;
2. The nature of the allegations on which the revocation is based;
3. The date and time of a hearing before the LRB if the business license administrator has determined it is needed;
4. The sanction to be imposed and the effective date of the sanction;
5. The appellate or other process which is applicable to the revocation.
C. Upon receipt of the notice, the licensee shall have fifteen (15) calendar days in which to request a hearing on the matter before the license review board. The request for a hearing shall be in writing and shall be filed with the business license administrator in the business license office of the county. If no request for hearing is made, the license shall be deemed revoked upon the expiration of the fifteen (15) calendar day period. In the event a hearing is requested, the hearing shall be held at least fourteen (14) calendar days, but not more than thirty (30) calendar days, from the date of the written request for hearing. At the hearing, the license review board may revoke or suspend the license, place it on probation for a period of less than one year, deny the revocation or take no action at all thereby keeping the license active, as the circumstances merit.
D. Any license revoked under this section shall remain revoked until the conditions that caused the revocation have been corrected. A revoked license which has not been corrected, or a revoked license for which reinstatement fees have not been paid, may not be renewed during the annual business license renewal process.
E. There shall be a progressive sanction imposed for the reinstatement of a revoked license as outlined below and fees imposed as established by the county:
1. For the first violation in any license year resulting in the revocation of the license, the business license will be revoked until the violation(s) has been corrected, and a fee paid to reinstate the business license.
2. For the second violation in any license year resulting in the revocation of the license, the business license will be revoked until the violation(s) has been corrected and a fee paid to reinstate the business license.
3. For the third violation in any license year resulting in the revocation of the license, the business license will be revoked for one week and be required to correct the violation(s). After the one week revocation and after correction of violations, a fee shall be paid to reinstate the business license.
4. For the fourth violation in any license year resulting in the revocation of the license, the business license will be revoked permanently.
F. Conditions of approval for a permit or development agreement cannot be amended or challenged through the license revocation process. (Ord. 806, 6-12-2013)