Chapter 5.12
APPROVAL, SUSPENSION OR REVOCATION OF BUSINESS LICENSES
Sections:
5.12.010 Functions of the Department of Community Planning and Building.
5.12.020 Applicability of CMC 5.12.010.
5.12.040 Suspension or Revocation.
5.12.050 Suspension or Revocation of Licenses – Hearing.
5.12.010 Functions of the Department of Community Planning and Building.
The function of the Director of Community Planning and Building, or a designated authority, with respect to business licenses shall be as follows:
A. Determine the appropriate SIC classification for all proposed business uses;
B. Determine whether the proposed business use is permitted, conditionally permitted or prohibited;
C. Determine the effects of businesses in the categories listed elsewhere in this title in terms of their compatibility with adopted plans, laws and the General Plan;
D. Review business license applications for potential police, fire, or health problems or conflict with applicable local, regional, State or Federal regulations;
E. Review the proposed business name as to potential impact on the public health, safety and welfare as well as potential impact on emergency responses;
F. Authorize the issuance of a business license after approval of the certificate of occupancy, payment of fees and compliance with any required Planning Commission findings or use permit conditions. Conditions of the use permit shall be conditions of the license. (Ord. 88-2 § 3 (Exh. C), 1988).
5.12.020 Applicability of CMC 5.12.010.
CMC 5.12.010 shall apply to the issuance of business licenses in the following categories:
A. All businesses within a fixed place of business, for an original license, a change of ownership, a change of location, including street location, courtyard and space if applicable, or a change of license to cover additional activities not licensed at the time of original issuance;
B. Bankruptcy sales, fire sales, closing-out sales, real estate auctions;
C. All machines placed in businesses for recreational dispensing purposes, whether electronically or manually operated and licensed separately for each location;
D. Bingo games. (Ord. 90-5 § 4 (Exh. A), 1990; Ord. 88-2 § 3 (Exh. C), 1988).
5.12.030 Appeals.
Decisions of the Director of Community Planning and Building pertaining to a proposed business name, the SIC of a proposed business or conditions attached to the business license may be appealed to the Planning Commission by filing an appeal in writing with the Planning Commission secretary within five working days from the date of the decision. The appeal must be in writing and must state the reasons why the decision is believed to be wrong. (Ord. 88-2 § 3 (Exh. C), 1988).
5.12.040 Suspension or Revocation.
A business license may be suspended or revoked by the Planning Commission if any of the following conditions are found:
A. Maintenance and operation of a business in a manner not consistent with the business license issued or the findings and conditions of the conditional use permit;
B. Maintenance and operation of a business in a manner conflicting with the plans and laws of the City;
C. Maintenance and operation of a business in a manner causing police, fire, health or nuisance problems;
D. Failure to comply with any provision or provisions of the municipal code or any rule or regulation adopted pursuant thereto related to the licensing of the business;
E. Failure to pay license tax after being sent two written notices stating the tax is due;
F. That the licensee, or the licensee’s employees or agents have engaged in the practice of unfair, unjust, inequitable, illegal or fraudulent acts or practices in connection with the business or on the business premises. (Ord. 88-2 § 3 (Exh. C), 1988).
5.12.050 Suspension or Revocation of Licenses – Hearing.
A. In the event that a majority of the Planning Commission determines that the best interest of the City would be served by consideration of the suspension or revocation of any existing business license, a hearing may be held as provided in this section.
B. Not less than 10 days before the date of the hearing, a notice of hearing shall be served upon the person or person’s agent involved in the contemplated action by the Planning Commission. Service may be made by mailing such notice to the last known address or the most recent address furnished to the City by the person responsible or involved.
C. The vote of a majority of the Planning Commission shall be required for action at a hearing.
D. The actions of the Planning Commission shall be final and conclusive from and after the expiration of five working days from the date of the action of the Planning Commission, unless an appeal to the City Council has been filed pursuant to Chapter 17.50 CMC. (Ord. 2000-06 § 4, 2000; Ord. 88-2 § 3 (Exh. C), 1988).