The following procedures for denial, suspension, and revocation will apply to all businesses listed in this title.
A. Reasons For Denial, Suspension, Or Revocation Of A Business: After a person has made application to, or has obtained from, the City a business license, the application or license may be denied, suspended or revoked for any of the following reasons:
1. Does not meet the qualifications for a licensee as provided under this title.
2. For a new application, nonpayment of a returned check for the required license fees at the time the application is made. For a license renewal application, nonpayment of the required license fees plus penalty three (3) months after it is due;
3. One (1) of the reviewing departments or divisions of the City has disapproved the application pursuant to any applicable provision of the City code.
4. False or incomplete information given on the application or renewal form;
5. Noncompliance with any requirement or condition set by the City. Specifically, failure to comply with any requirement within three (3) days of receiving a noncompliance notice;
6. Noncompliance with any City, state or federal statutes or any health department regulations governing the applicant/licensee’s business;
7. The license was obtained by deceit, fraud or misrepresentation or other crime;
8. The applicant/licensee is more than sixty (60) days past due on any debt owed to the City;
9. The applicant/licensee has refused authorized representatives of the City to make an inspection or has interfered with such representatives while in the performance of such inspection.
10. Violation of this title by the agents or employees of a licensee and violations of any other laws by the agents or employees committed while acting as an agent or employee of the licensee;
11. The licensee attempts to, or does, assign, transfer or sell a license in violation of this chapter;
12. Any other reason expressly provided for in this title.
B. Enforcement:
1. Authority: The License Officer may, without a hearing, deny, suspend or revoke a license for the reasons provided in this title. However, if a license is suspended or revoked, the suspension or revocation shall not take effect until the time for appealing the decision has passed.
2. Procedure For Denial, Suspension Or Revocation: The License Officer shall cause written notice to be personally served upon the person affected or deposited in the United States mail addressed to the address provided to the business license office by the licensee, which shall advise the licensee of the specific violation, that the license has been denied, suspended or revoked, the licensee’s right to appeal the Licensing Officer’s decision and have a hearing and the appeal procedure. For suspensions and revocations, the notice shall include that operation of the business after the effective date shall be penalized as outlined in section 3-1-14 of this title.
3. Appeal Procedure: Appeals of the License Officer’s decision may be made by filing a written notice of appeal to the City Manager within fifteen (15) calendar days after personal service or mailing of the notice. The written notice of appeal shall set forth with specificity the reasons why the applicant/licensee believes the denial, suspension or revocation was in error and how the applicant/licensee is in compliance with all requirements in this title. If an appeal is filed, the suspension or revocation shall not take effect until after the time for appealing the decision of the hearing officer has expired. If an appeal is withdrawn, the suspension or revocation shall take effect immediately.
4. Hearing:
a. The City Manager shall schedule the hearing as soon as possible but no later than thirty (30) days after receipt of the notice of appeal, then advise the licensee of the hearing date.
b. The City Manager, after hearing all the evidence, shall make a factual determination, based on the preponderance of the evidence, whether the alleged grounds for enforcement have been proven. The decision shall be rendered in writing within fifteen (15) calendar days from the date of the hearing. The City Manager may either affirm or reverse the decision of the licensing officer or modify the order of the licensing officer. The decision of the hearing officer shall be final for purposes of appeal.
5. Appeal Of City Manager’s Decision: Either party may file a petition with the district court for review of the decision. The petition must be filed within thirty (30) calendar days after the decision is rendered. The district court’s review is limited to the record of the decision that is being appealed. The court shall not accept or consider any evidence that is not part of the record of that decision. The district court shall presume that the City Manager’s decision and orders are valid and review the record to determine whether or not the decision was arbitrary, capricious, or illegal.
C. Civil Suit: The City Attorney may institute a civil suit to enjoin the operation of any business being operated without the license required hereunder, or they may seek the criminal sanctions provided in section 3-1-14.
D. State Law Applicability: Enforcement provisions hereunder shall not apply to any aspect of regulation where enforcement is preempted by state law. (Ord. 2022-64, 12-14-2022)