§ 36.12. Same—Control of Issue, Reissue, Transfer, Revocation, Right of Appeal.

(1)

The Economic Development Director may refuse to issue or reissue or transfer any Business Tax Receipts provided for in this Chapter when the issue, reissue or transfer of the Receipt would be contrary to public policy or the welfare of the City. In each case of such refusal by the Economic Development Director to issue, reissue or transfer any Business Tax Receipt, the applicant therefor shall have the right to appeal such refusal to the Chief Administrative Officer by filing a notice of appeal within ten (10) days after such refusal. The Chief Administrative Officer, after reviewing the circumstances of such refusal, may reverse the decision of the Economic Development Director and order the Office of Permitting Services to issue or transfer the Business Tax Receipt. In circumstances where the Chief Administrative Officer upholds the refusal, the applicant therefore shall have the right to appeal such refusal to the City Council by filing with the City Clerk a notice of appeal within ten (10) days after such refusal by the Chief Administrative Officer. The City Council, not later than the second regularly scheduled City Council meeting following receipt of the notice of appeal, shall hold a public hearing to determine if such refusal to issue, reissue or transfer a Business Tax Receipt under this Chapter is in the public interest. Notice of the hearing shall be given to the Business Tax Receipt applicant, which notice shall fix a date for the hearing giving the Business Tax Receipt applicant an opportunity to be heard on the denial of the issue, reissue or transfer of the Business Tax Receipt by the Economic Development Director and Chief Administrative Officer. Such notice shall be given in writing by the City Clerk, at least five (5) days before the date of such hearing, unless such notice is waived by the Business Tax Receipt applicant. The City Council after hearing from all interested parties, by majority vote, shall either sustain the position of the Chief Administrative Officer and deny the requested Business Tax Receipt or transfer, or order the Chief Administrative Officer to direct the Office of Permitting Services to issue or transfer the Business Tax Receipt. The City Council shall base its decision on its transfer of said business operation in the interest of the public health, safety, or welfare and as to whether the applicant personally is fit to engage in said operation. Such issuance, reissuance or transfer of Receipt approved by the City Council will be made only after payment to the City of the appropriate business tax or transfer fee.

(2)

Whenever in this Code any prohibition, regulation, restriction or requirement is stated, referred to or set forth pertaining to the engaging in, conduct or operation of any business, occupation or profession, or pertaining to the manner or method of engaging in, conducting or operating the same, or pertaining to the area, building or premises or stock-in-trade of the same, compliance with such prohibition, restriction or requirement shall be mandatory and violation, or failure to comply therewith and conform thereto shall be unlawful. Such unlawful acts may be the basis for revocation of a receipt by City Council, after legal notice and public hearing.

(3)

The City Council shall have the right and authority to revoke any Business Tax Receipt granted under this Chapter and issued to any person, whenever it is made to appear that the business method or operation or work to be conducted or carried on by the receipt holder is being conducted or carried on through unfair, fraudulent or illegal methods to the detriment or damage of the public health, safety or welfare, or to customers or patrons of such receipt holder. Unfair or fraudulent methods are defined as including, but shall not be limited to, untrue or misleading advertising of products or services offered.

(Ord. of 8-13-1973, § 1; Ord. of 6-6-1994, Doc. #27592; Ord. of 7-22-2002, § 9, Doc. #020722703; Ord. of 5-10-2010, § 1, Doc. #1005101103)