A hearing to determine whether an existing license should be conditioned, modified, suspended or revoked shall be initiated by a written statement of charges. Such statement may be initiated by any commission, department, agency or employee required to review or inspect the licensed business activity for compliance with City regulations. Such statement shall be submitted to the Tax Collector.
(Ord. 543, § 3)
If the Tax Collector determines that a hearing by the City Council is warranted, written notice of the hearing shall be given to the licensee not less than 10 days prior thereto.
(Ord. 543, § 3)
(a)
Right to Witnesses. The licensee or legal representative of the licensee shall have the right to call witnesses to testify on behalf of the licensee.
(b)
Rules of Evidence. Hearings need not be conducted according to technical rules of evidence. Oral evidence shall be taken only on oath or affirmation.
(c)
Decision. The City Council shall issue its decision in writing. The decision shall contain a determination of the issues presented.
(Ord. 543, § 3)
After hearing, the City Council may, in its sole and absolute discretion, condition, modify, suspend or revoke a business license for any business activity required to be licensed under this chapter if the City Council finds that one or more of the following conditions exist:
(a)
Business Activities Involving First Amendment Activities.
(1)
That the building, structure, premises or equipment used in the conduct of the business does not comply with any health, zoning, fire, or building and safety laws of the State or ordinances of the City;
(2)
That the licensee, or any employee, agent or manager of the licensee, has violated any Federal or State statute or any ordinance or regulation of the City in the course of exercising any rights under the business license which is being considered for revocation;
(3)
That the licensee, or any employee, agent or manager of the licensee, has knowingly or should have known that they made any false, misleading or fraudulent statement of material fact in the application for the license, or in any report or statement required to be filed with the Tax Collector or the City Council;
(4)
That the licensee has failed or refused to notify the Tax Collector of any change in facts as required by this chapter within five days after such change;
(5)
That the licensee, or any employee, agent or manager of the licensee, has violated any conditions or restrictions of the business license, including failure to allow an inspection of the business premises or the property pursuant to this Code;
(6)
That the licensee, or any employee, agent or manager of the licensee, has allowed, or failed to prevent, the use of the business or the business premises as a base for unlawful or criminal activity, including, but not limited to, solicitation, prostitution or drug trafficking;
(7)
That the licensee has unpaid State or local fees, fines, costs, or taxes.
(b)
Business Activities Not Involving First Amendment Activities.
(1)
That the building, structure, premises or equipment used in the conduct of the business does not comply with any health, zoning, fire, or building and safety laws of the State or ordinances of the City;
(2)
That the licensee, or any employee, agent or manager of the licensee, has violated any Federal or State statute or any ordinance of the City in the course of exercising any rights under the business license which is being considered for revocation;
(3)
That the licensee, or any employee, agent or manager of the licensee, has been found to have committed a crime of moral turpitude which bears a substantial relationship to the conduct of the business activity for which the business license is being considered for revocation;
(4)
That the licensee, or any employee, agent or manager of the licensee, has knowingly or should have known that they made any false, misleading or fraudulent statement of material fact in the application for the business license, or in any report or statement required to be filed with the Tax Collector or the City Council;
(5)
That the licensee has failed or refused to notify the Tax Collector of any change in facts as required by this chapter within five days after such change;
(6)
That the licensee, or any employee, agent or manager of the licensee, has violated any conditions or restrictions of the business license, including failure to allow an inspection of the business premises or the property pursuant to this Code;
(7)
That the licensee has been held liable for, or has been convicted of, any offense involving the maintenance of a nuisance resulting from any act performed in exercising any rights under the business license which is being considered for revocation;
(8)
That the licensee, or any employee, agent or manager of the licensee, has violated any rule or regulation adopted by the City Council or any other governmental agency relating to the licensee's business;
(9)
That the licensee has unpaid State or local fees, fines, costs or taxes.
(Ord. 543, § 3; Ord. 25-976, 1/12/2026)
(a)
No refunds of any business license fees shall be made to any licensee upon revocation of a business license.
(b)
Following revocation of any business license for cause under this chapter, no business license to conduct the same business activity shall be issued to the same person for a period of one year.
(c)
Whenever a business license is suspended or revoked, the Tax Collector shall take into possession the business license for the subject business activity. The licensee shall surrender the business license and license stickers, or similar evidence of a license, to the Tax Collector.
(d)
Upon revocation or suspension of a business license, the licensee shall immediately cease operation of the business activity. Except as otherwise provided, if the license is suspended, the licensee may resume operation upon expiration of the suspension period.
(Ord. 543, § 3)
(a)
Filing. Unless an alternative procedure is specified in this chapter regarding an appeal from a decision of the Tax Collector, any person aggrieved by any decision of the Tax Collector may file with the Tax Collector a notice of appeal to the City Council within 10 days of the date of mailing of the decision. The notice shall be signed by the appellant or the legal representative of the appellant and shall be sufficient if it states that the appellant appeals from a specified decision or a particular part thereof. The notice of appeal shall state the grounds upon which the appeal is based and any argument, evidence or legal points and authorities in support of those grounds.
(b)
Effect of Notice of Appeal. If a timely appeal is filed, the effect of the Tax Collector's decision shall be stayed pending the City Council's resolution of the matter unless the Tax Collector specifically finds that the public health and safety will be endangered by any such stay.
(c)
Deposit of Estimated Costs. With every notice of appeal filed pursuant to this section, the appellant shall deposit with the Tax Collector an amount which the Tax Collector estimates will cover the cost of production of a transcript of documentation on the matter, including the record of any hearing conducted by the Tax Collector, which resulted in the decision on which the appeal is taken.
(d)
Accounting of Funds. The Tax Collector shall keep a permanent and accurate account of all deposits received on appeal. If the actual cost of the transcript exceeds the amount deposited by the appellant, the appellant shall pay the deficiency; if it is less, the Tax Collector shall refund the difference to the appellant.
(Ord. 543, § 3)
Upon receipt of a timely notice of appeal and the deposit of estimated costs, the Tax Collector shall notify the City Clerk of the request for appeal. The Tax Collector shall give not less than 10 days' prior written notice to the appellant, and to the licensee if other than the appellant, of the date, time, and place of the hearing.
(Ord. 543, § 3)
(a)
Transmission of Documentation. Upon the filing of a notice of appeal and the deposit of estimated costs, the Tax Collector shall transmit to the City Council the documentation on the matter. Copies of the documentation shall also be delivered to the appellant and to the licensee, if other than the appellant.
(b)
Conduct of Hearing. Upon receipt of the transcript required by Subsection (a), the City Council shall conduct the appeal. To the extent reasonably feasible, the hearing on the appeal shall be conducted not later than 30 days after the filing of a notice of appeal. The City Council may, at its discretion, receive new evidence or testimony which is not part of the record upon a showing that it could not, in the exercise of due diligence, have been presented at the time of the Tax Collector's decision. The City Council may hear and consider additional argument and points and authorities of law prior to rendering any decision on the appeal.
(c)
City Council Action. Upon reviewing the evidence and considering the parties' arguments and any points and authorities of law submitted, the City Council may either:
(Ord. 543, § 3)