(a) 
A business license application filed in accordance with the provisions of this Part may be denied by the license collector upon proof to the satisfaction of the license collector that such business has not been or would not be operated in accordance with health, safety, planning, building, zoning, or fire regulations, or other provisions of law or this Ordinance Code, in a quiet and orderly manner, in conformance with considerations of public health, safety, and welfare, or that the nature of the business is not substantially as was represented in the license application.
(b) 
The license collector shall provide notice to the applicant of such denial. Notice shall be in writing and shall be served, either personally or by mail, to the address of the applicant as set forth in the application. The notice shall indicate the reason for denial and the process by which the applicant may request reconsideration by the license collector through an administrative review process at which the applicant may provide additional information. The Board of Supervisors may establish a fee for requesting reconsideration. The fee, if any, shall be set from time to time by resolution of the Board of Supervisors.
(c) 
An applicant's request for reconsideration must be filed or postmarked within ten (10) days of the date on the notice of denial. Notice of administrative review shall be given in the same manner that notice of the denial was given. The notice shall include the date, time, and place of the administrative review, and shall state that at the time of review the applicant may offer relevant information supporting reconsideration of the denial and the issuance of a license.
(d) 
The administrative review shall be conducted within a reasonable time, but may be continued from time to time at the discretion of the license collector. The license collector shall issue a written decision within ten (10) days after the conclusion of the review. The written decision shall indicate the reason(s) for the denial, and shall include information regarding appeal to the County Hearing Officer.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16; amended by Ord. No. 3559, effective 6-20-19)
A license issued pursuant to this Part is subject to emergency suspension under the following conditions and procedures:
(a) 
If the appropriate investigating officer, including but not limited to the Sheriff, Director of the Resource Management Agency, the Health Officer, the Fire Chief, or one of their duly appointed deputies or authorized employees, determines that the manner in which the business is being conducted or the nature of the business premises does not meet the requirements for the original issuance of a license and poses a threat to the immediate preservation of the public peace, health, safety, or general welfare, such officer may issue an emergency order against a licensee, or any person operating a licensed business on behalf of a licensee, immediately and temporarily suspending the license. The emergency order shall set forth the grounds upon which it is based, including a statement of facts constituting the alleged emergency necessitating the action. The emergency order is effective immediately upon issuance and service upon the owner, licensee or person operating the licensed business at the time of the issuance of the order.
(b) 
Within two business days after the emergency order is issued, the responsible investigating officer shall cause written notice of the emergency order to be sent to the licensee at the address listed on the license application and to the license collector. If the investigating officer desires a further suspension or revocation of the license pursuant to this Article and that the license remain suspended during such suspension or revocation proceedings, the investigating officer shall send with the written notice of the emergency order the written report required to suspend a license. Included in such report shall be the request that the license remain suspended and the facts showing the continued threat to the immediate preservation of the public peace, health, safety, or general welfare. The license collector shall set the administrative review required for a suspension within fourteen days of the date the emergency order was issued and shall thereafter proceed as set forth for a suspension. If the license was suspended pursuant to an emergency order, the license collector shall render a decision and send the required written notice of the decision within three business days after the administrative review.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16; amended by Ord. No. 3559, effective 6-20-19)
If the appropriate investigating officer determines at any time that the integrity of a licensee, the manner in which the business is being conducted, or the nature of the business premises does not meet the requirements for the original issuance of a license, or that the person conducting the business has committed or permitted a violation of any of the provisions of this Part, has committed or permitted any act contrary to good public morals or proper law enforcement, on or about the business premises, or has perpetuated or allowed an accumulation or succession of violations or incidents resulting in a pattern of persistent, warranted complaints or repeated law enforcement calls to or stops at the business premises, such investigating officer shall give written notice of the proposed action to the licensee and the license collector. The investigating officer shall make a written report of such findings to the licensee and the license collector and shall recommend to the license collector whether to permanently revoke the license or to suspend the license for a fixed period of time. The license collector shall give written notice to the licensee of administrative review at which the charges and recommendation of the investigating officer shall be acted upon. After the administrative review the license collector shall give written notice to the licensee of the action taken and information regarding appeal to the County Hearing Officer by causing such written notice to be delivered to the person designated in the application as the authorized agent for the receipt of notices.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3392, effective 9-10-09; amended by Ord. No. 3559, effective 6-20-19)
(a) 
A license issued in accordance with the provisions of this Part shall be revocable at any time by the license collector upon proof to the satisfaction of the license collector that such business is not being operated in accordance with all applicable health, safety, planning, building, zoning, or fire regulations, in a quiet and orderly manner, in conformance with considerations of public health, safety and welfare, in conformance with the requirements of this Part for that particular type of business, that the nature of the business is not substantially as was represented in the license application, or for failure to pay personal property taxes when due on personal property held in connection with the business licensed under this Part.
(b) 
Prior to the revocation of any license, the license collector shall provide notice to the licensee that such licensee is in violation of provisions of this Part, and that the license collector will provide administrative review of the complaint and proposed revocation. The notice shall be in writing and served, either personally or by mail, to the address of the licensee as set forth in the license. The notice shall indicate the nature of the complaint, the date, time, and place of the administrative review, and shall state that at the time of review the licensee may offer relevant information. The administrative review shall be held within a reasonable time, but not less than ten (10) days after personal service or fifteen (15) days after mailing of the notice to the licensee. The license collector shall issue a written decision within ten (10) days after the conclusion of the administrative review. The written decision shall indicate the reason(s) for the revocation, and shall include information regarding appeal to the County Hearing Officer.
(c) 
Notwithstanding subdivision (b) of this section, licenses may be immediately revoked without notice and prior to administrative review if, in the judgment of the license collector, the continuance of the business activity represents an immediate threat or danger to the public health or safety. In such a circumstance, the license collector shall provide notice of the immediate revocation in the same manner as set forth in subdivision (b) of this section on the day of revocation. The notice shall indicate the reason(s) for the revocation and that the license collector will provide administrative review of the revocation. The notice shall indicate the date, time, and place of the administrative review, and shall state that at the review the licensee may offer relevant information. The administrative review shall be held within a reasonable time, but not less than five (5) days after personal service or ten (10) days after mailing of the notice to the licensee(s), unless the licensee and license collector stipulate otherwise in writing. The license collector shall issue a written decision within ten (10) days after the conclusion of the administrative review. The written decision shall indicate the reason(s) for the denial, and shall include information regarding appeal to the County Hearing Officer.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16; amended by Ord. No. 3559, effective 6-20-19)
(a) 
The initial decision of the license collector to deny an application for a license shall become final on the tenth (10th) day following the mailing of the decision, unless the applicant files a request for reconsideration.
(b) 
The decision of the license collector after administrative review, to grant or deny an application, suspend a license, grant or deny a renewal, or to revoke a business license, shall become final on the tenth (10th) day following the mailing of the decision, unless the person aggrieved by the decision files an appeal.
(c) 
When a decision by the license collector becomes final under this section, it cannot be appealed and cannot be judicially reviewed, because the aggrieved person failed to exhaust available administrative remedies.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3559, effective 6-20-19)
(a) 
Any person aggrieved by any decision of the license collector under this Part may appeal to the County Hearing Officer as provided in Chapter 31 of Part I of this Code. The appeal and any appeal fee as may be adopted from time to time by resolution of the Board of Supervisors must be filed within ten (10) days of the mailing of notice of such decision or the deadline listed in Chapter 31 of Part I, whichever is later. The decision of the license collector shall be stayed pending hearing of the appeal, except when the license collector's suspension or revocation is based upon an immediate threat or danger to the public health or safety.
(b) 
In accordance with the procedures set forth in Chapter 31 of Part I of this Code, the Clerk of the Board of Supervisors shall fix a time and place for hearing such appeal and shall give notice in writing to the aggrieved party of the time and place of the hearing by personal delivery or by mail, addressed to the licensee at the address appearing on the licensee's or applicant's application or license. The hearing shall be set to be heard by the County Hearing Officer within sixty (60) days of receipt of the appeal, unless the appellant(s) and the County stipulate to extend the time for hearing.
(c) 
At a hearing regarding an initial or supplemental application, the applicant shall bear the burden of proof. At a hearing regarding a denial of renewal or a revocation, the license collector shall bear the burden of proof.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3392, effective 9-10-09; amended by Ord. No. 3490, effective 2-25-16; amended by Ord. No. 3559, effective 6-20-19)