City of Poplar Bluff, MO Revocation of Business License

[Ord. No. 22-38, 6-20-2022]

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:

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;

Violation of the terms and conditions upon which the license was issued;

Failure of the licensee to pay any license fee or any applicable sales tax arising from the business activity or premises licensed;

Illegal or improper issuance of the license;

Any misrepresentation or false statement in the application for such license;

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;

Violation of the terms of a conditional or special use permit.

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:

The City Council shall set a hearing to consider the question of revocation;

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;

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;

The affirmative vote of a majority of the members elected (or appointed) to the City Council shall be necessary to revoke a business license.

Effects Of License Revocation.

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.

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.

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.