(A) New or renewal application consideration.
(1) City Council action. The City Council must take action on each new and renewal license application within a reasonable time following receipt of the recommendation from city staff regarding the application.
(2) Procedure. At the City Council meeting at which the license application is considered, any person must be provided an opportunity to be heard for or against the license. The City Council may then take any of the following actions:
(a) Approve the license;
(b) Deny the license;
(c) Approve a provisional license;
(d) Approve the license with reasonable conditions; or
(e) Continue the license application.
(3) Provisional license. The City Council may issue a provisional license or convert a regular license to a provisional license to any existing business that has generated more than three violations of city code or state statutes within the preceding 12-month period. At the time of approval of the provisional license, the City Council shall approve a mitigation plan. The mitigation plan may include adding security measures, improving the exterior of the property, reducing or changing the hours of operation, holding neighborhood meetings, or other steps the Council deems appropriate. The license term for a provisional license shall coincide with the license term of a regular license for the same activity.
(4) License with reasonable conditions. The City Council may add reasonable conditions upon approval of a regular license, if deemed appropriate.
(B) Denial, suspension or revocation hearing. The Council or its designee may hold a hearing to take action on a business license or licensed activity to deny, suspend or revoke a license or to consider other actions against the business. Any license may be denied, suspended or revoked for one or more of the following reasons:
(1) The proposed use does not comply with the Zoning Ordinance (Chapter 153);
(2) The proposed use does not comply with health, building, maintenance or other provisions of the city code or state law;
(3) The applicant has failed to pay all of the appropriate fees related to the license, or is delinquent on any other city fees;
(4) The applicant has made fraudulent statements, misrepresentations, not fully disclosed information or made false statements in the application or investigation for or in the course of the applicant’s business;
(5) Conviction of any crime or offense in the previous five years involving or relating to the business that is licensed or the type of licensed activity and the applicant or licensee has failed to show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business;
(6) The licensee has conducted the licensed activity in such a manner as to constitute a breach of the peace, a menace to the health, safety and welfare of the public, or a disturbance of the peace or comfort of the residents of the city, upon recommendation of the Police Chief or an appropriate city official;
(7) Expiration or cancellation of any required insurance or failure to notify the city within a reasonable time of changes in terms of the insurance or the carriers;
(8) The licensee has acted in an unauthorized manner or beyond the scope of the license granted;
(9) The applicant’s license has been denied, revoked or suspended by the city, the state or another government unit;
(10) Failure to allow inspections of the licensed premises, for the purpose of ensuring compliance with the law, at any time it is occupied or open for business;
(11) Failure to continuously comply with all conditions required as precedent to the approval of the license;
(12) Real estate or personal property taxes on the business premises have become delinquent and the property owner and the applicant are the same person or entity, or have any common ownership between the property owner and the applicant where they are a different person or entity;
(13) Violation of any regulation or provision of the city code or Zoning Ordinance applicable to the activity for which the license has been granted, or any regulation or state law that may be applicable;
(14) The applicant or licensee has been found guilty of professional misconduct, either criminally or civilly;
(15) Based on the findings of a background investigation, granting a license would be a menace to the safety, health, morals and welfare of the public;
(16) The applicant or licensee is not of good moral character;
(17) The licensee has violated a condition of its provisional license;
(18) The activity has been conducted without a license; or
(19) Other good cause.
(C) Temporary suspension. The City Council or its designee may temporarily suspend a license when, in its judgment, the public health, safety and welfare is endangered by the continuance of the licensed activity.
(D) Suspension or revocation hearing. A hearing for consideration of suspending or revoking a license will be conducted before the City Council or its designee. At the hearing, the licensee has the right to be represented by counsel, the right to respond to the charges, the right to present evidence through witnesses under oath and the right to confront and cross-examine witnesses under oath.
(1) Notice.
(a) Before holding the suspension or revocation hearing regarding the business license, the city must provide written notice informing the licensee of the right to a hearing.
(b) The notice must provide at least 20 calendar days’ notice of the time and place of the hearing and must state the grounds for the action proposed to be taken.
(c) The notice may be served upon the licensee personally or by leaving the notice at the licensed premises with the person in charge, or by certified mail to the address on the license application or where the business activity is conducted.
(2) Final decision. Following the hearing, the City Council or its designee may take any of the following actions:
(a) Take no action on the license;
(b) Allow the business activity to continue but add reasonable conditions to the license;
1. Convert the license to a provisional license and approve a mitigation plan;
2. Suspend the license; or
3. Revoke the license.
(3) Findings. Any actions taken following a hearing shall be adopted by resolution with findings and shall be sent to or served upon the licensee. If the license is suspended, the dates of suspension shall be fixed; if the license is revoked, the effective date of the revocation shall be fixed. The decision by the City Council or its designee following a hearing is final.
(2001 Code, § 1005.25)