[Ord. No. 22-38, 6-20-2022]
A. The
City Council shall have the power to revoke any license granted under
the terms and provisions of this Chapter for any of the following
reasons:
1. Whenever the business owner or operator is convicted of violation
of any provision of this Code applicable to the business activity
or premises licensed, including causing, maintaining, or assisting
in the cause or maintenance of a nuisance, whether public or private,
provided that the determination of such violation is made in accordance
with any specific procedure contained in this Code applicable to determining
violations of that provision;
2. Violation of the terms and conditions upon which the license was
issued;
3. Failure of the licensee to pay any license fee or any applicable
sales tax arising from the business activity or premises licensed;
4. Illegal or improper issuance of the license;
5. Any misrepresentation or false statement in the application for such
license;
6. Causing, maintaining, or assisting in the cause or maintenance of
conduct on or about the licensed premises that is hazardous to the
public health, safety, or welfare which is not a violation of the
Municipal Code;
7. Violation of the terms of a conditional or special use permit.
B. Upon
a complaint made to the City Council by the City Administrator, City
Clerk, or other appropriate City Official stating that cause exists
for the revocation of a business license, any business license issued
by the City pursuant to this Chapter may be revoked by the following
procedure:
1. The City Council shall set a hearing to consider the question of
revocation;
2. At least ten (10) days prior to the date of the hearing, a written
notice shall be mailed to the licensee at his/her last known address
as shown in the records of the City advising the licensee of the date,
time, and place of the hearing and reasons for considering revocation
of the license;
3. At the hearing set by the City Council, the licensee shall have an
opportunity to be heard by the City Council and the City Council shall
consider all evidence relevant to grounds for revocation of the license;
4. The affirmative vote of a majority of the members elected (or appointed)
to the City Council shall be necessary to revoke a business license.
C. Effects
Of License Revocation.
1. Immediately upon revocation of any license issued pursuant to any
provision of this Chapter, it shall be unlawful for any person to
continue to engage in the business, occupation, or other activity
for which that license was issued, and for any officer, director,
or manager of a corporate licensee or any partner of or manager of
a partnership licensee to assist or permit such continuation, and
the City Council shall direct the Police Department to take the actions
necessary to secure the business so that it can no longer operate
or remain open.
2. A license that has been revoked under Subsection
(A)(2),
(3),
(4),
(5),
(6), or
(7) may not be reissued until the basis for the revocation has been cured. A license that has been revoked under Subsection
(A)(1) may not be reissued.
3. No revocation of a license issued pursuant to this Chapter shall
entitle a licensee to a refund of any portion of any fee paid to the
City for such license.
[Ord. No. 22-38, 6-20-2022]
Any person, persons, firms, association, organization, partnerships
or corporations who shall be convicted of violating any of the provisions
of this Chapter shall be guilty of an ordinance violation and shall
be punished by a fine of not less than five dollars ($5. 00) nor more
than five hundred dollars ($ 500.00) for each day that he/ she shall
have violated the provisions of this Chapter.