[Ord. No. 2012-36 §3, 11-26-2012]
A.
Any
license issued by the City pursuant to the provisions of this Chapter
may be revoked or suspended for any of the following reasons, as well
as for any other reasons specified in this Chapter:
1.
Any failure to comply with or any violation of any provisions of
this Chapter, or any other ordinance of the City regulating the business,
occupation or activity licensed, or the Statutes of the State of Missouri
by any licensee.
2.
Violation of the terms and conditions upon which the license was
issued.
3.
Failure of the licensee to pay any tax or obligation due to the City.
4.
Any misrepresentation or false statement in the application for a
license required herein.
5.
Failure to display the license required herein.
6.
Illegal or improper issuance of the license.
7.
Causing, maintaining or assisting in the cause or maintenance of
a nuisance under the laws of the State of Missouri or under this Code,
whether public or private.
B.
Revocation
or suspension of any license shall be in addition to any other penalty
or penalties which may be imposed pursuant to this Code.
[Ord. No. 2012-36 §3, 11-26-2012]
A.
In
any case in which there is reason to believe a license issued pursuant
to this Chapter may be subject to revocation, the following procedure
shall govern:
1.
The City Administrator shall set a hearing to consider the question
of revocation.
2.
At least ten (10) days prior to said hearing, written notice shall
be mailed to the licensee, by registered mail, return receipt requested,
to his/her last known address as shown in the records of the City
Clerk advising the licensee of the time, date and place of hearing
and of the reason for considering the revocation of his/her license.
3.
During the pendency of this hearing the licensee shall be permitted
to continue the operation of the business, provided however, that
the pendency of such hearing shall not preclude prosecution for violation
of the ordinances of the City occurring during such period.
4.
The licensee may be present at the hearing in person and/or by his/her
attorney and may present evidence.
5.
At the hearing the City Administrator, acting as hearing officer,
shall hear all relevant evidence justifying the revocation of the
license and all relevant evidence justifying the retention of the
license.
6.
The City Administrator, after hearing all evidence submitted at such
hearing, shall enter such order as he/she finds is necessary to correct
any conditions or violations complained of which he/she finds to exist,
including suspension or revocation of the license.
7.
The City Administrator shall notify the licensee of the results of
the hearing in writing.
[Ord. No. 2012-36 §3, 11-26-2012]
A.
Any
person aggrieved by the determination of the hearing by the City Administrator
as aforesaid may appeal to the Board of Adjustment. An appeal to the
Board of Adjustment setting forth in writing all reasons known to
the applicant as to wherein and why the City Administrator's determination
is in error must be submitted by the aggrieved party within ten (10)
days of the date of the determination for which review is sought.
B.
The
filing of an appeal to the Board of Adjustment shall stay the outcome
of the City Administrator's determination until the Board of Adjustment
renders a determination on the appeal.
C.
The
Board of Adjustment shall make its determination of the appeal in
writing and give notice thereof to all parties.
D.
A concurring
vote of four (4) members of the Board of Adjustment shall be necessary
to reverse any order, requirement, decision, or determination of the
City Administrator.
[Ord. No. 2012-36 §3, 11-26-2012]
In the event a licensee whose license has been revoked pursuant
to this Article, or a related entity of a licensee whose license has
been revoked pursuant to this Article, shall thereafter apply for
a substantially similar license, the City may take into account the
act(s) and circumstances which lead to the revocation in considering
the new application.
