Chapter 5.01
GENERAL PROVISIONS

Sections:

5.01.010    License--Issuance conditioned upon applicant’s financial good standing with municipality.

5.01.020    License--Renewal.

5.01.030    License--Exhibition.

5.01.040    License--Transferability.

5.01.050    Correction order--Grounds for issuance.

5.01.060    License--Suspension or revocation.

5.01.070    Appeal to borough assembly.

5.01.080    Judicial review.

5.01.090    Operation without a license unlawful.

5.01.100    Penalty.

5.01.010 License--Issuance conditioned upon applicant’s financial good standing with municipality.

No license or permit required by this title shall be issued to any person owing delinquent property taxes, utility bills or rent to the municipality, nor to any person more than one (1) month delinquent in the reporting or remittance of sales taxes to the municipality.

(Ord. 11-13, Amended, 07/07/2011; Ord. 07-08, Amended, 04/19/2007; Ord. 84-24, Repealed & Replaced, 11/08/1984)

5.01.020 License--Renewal.

Unless otherwise specifically provided in this title, an application for renewal of license shall be considered in the same manner as an original application.

(Ord. 84-24, Repealed & Replaced, 11/08/1984)

5.01.030 License--Exhibition.

Every person required to obtain a license hereunder shall exhibit the same at all times, while in force, in some conspicuous part of the place of business for which it is issued, or shall carry such license upon his person at all times when engaged in an activity having no fixed place of business; and he shall produce the same for examination when applying for a renewal, or when requested to do so by an officer of the municipality charged with the enforcement of this chapter.

(Ord. 11-13, Amended, 07/07/2011; Ord. 84-24, Repealed & Replaced, 11/08/1984)

5.01.040 License--Transferability.

No license granted or issued under any of the provisions of this title shall be in any manner assignable or transferable.

(Ord. 84-24, Repealed & Replaced, 11/08/1984)

5.01.050 Correction order--Grounds for issuance.

A.    Whenever it appears to the borough manager by report filed by any municipal official or other sources that any licensee:

1.    Has relinquished legal control of the activity to any other person or;

2.    Has failed, refused or neglected to comply with any general or special term or condition of the license issued him/her or any law of the state or the municipality or;

3.    Has become delinquent in payment of property taxes, utility bills or rent owed the municipality; or has failed or refused to report and remit sales taxes due the municipality and has become more than one (1) month delinquent in such reporting or remittance;

4.    The borough manager shall immediately issue an order directed to such licensee by certified mail, return receipt, which shall specify:

a.    The term or condition of the license that has been violated,

b.    The corrective action, if any, the licensee may take to prevent suspension or revocation of the license, and the time limited for such corrective action (which shall be no earlier than seven (7) days following date of issuance of the corrective order),

c.    Notification of the penalties provided by this title, and

d.    That the licensee may request an informal meeting before the borough manager during the seven day period specified in section 4b above prior to suspension or revocation of the license to allow the licensee to contest the grounds for issuance of the corrective order and to provide the licensee the opportunity to provide information to the manager relevant to the grounds for the corrective order.

B.    Based on information timely received from the licensee, or from any other source, the borough manager may, in his discretion, amend the terms or conditions of the corrective order, or after consideration of the information provided by the licensee, affirm the corrective order as issued.

(Ord. 11-21, Amended, 10/06/2011; Ord. 11-13, Amended, 07/07/2011; Ord. 07-08, Amended, 04/19/2007; Ord. 84-24, Repealed & Replaced, 11/08/1984)

5.01.060 License--Suspension or revocation.

Upon the expiration of the time allowed in a corrective order issued under Section 5.01.050 of this chapter, if the licensee has not complied with the corrective order, the borough manager may suspend or revoke the license. Upon suspension or revocation of any license issued the borough manager shall notify the person whose license has been suspended or revoked by certified mail or by hand delivery. Following such suspension or revocation and after notification of the licensee, it is unlawful for the licensee to continue to conduct that previously licensed business within the municipality.

(Ord. 11-21, Amended, 10/06/2011; Ord. 11-13, Amended, 07/07/2011; Ord. 84-24, Repealed & Replaced, 11/08/1984)

5.01.070 Appeal to borough assembly.

A.    Any licensee who feels aggrieved by a correction order issued pursuant to Section 5.01.050 or a suspension or revocation issued pursuant to Section 5.01.060 may, within ten (10) days after the date of such order, file a request for hearing before the borough assembly at the office of the borough clerk, together with a statement setting forth the law and facts to be relied upon to seek relief from the correction order, suspension or revocation.

B.    The borough clerk, upon receipt of such request, shall cause the hearing to be placed on the agenda of the first regular meeting of the borough assembly and shall immediately notify the licensee in writing of the time and place of hearing. The operation and effect of the order appealed from shall be suspended immediately upon the filing of such request until final determination by the borough assembly. If no request for a hearing is filed, such correction order, suspension or revocation shall remain operative according to its terms.

C.    The borough assembly shall conduct the hearing informally and, at shall issue a decision within fifteen days of the conclusion of the hearing, which shall:

1.    Confirm the order of the borough manager as issued. The suspension for review shall cease and the order of the borough manager shall become operative in accordance with its terms and conditions;

2.    Modify the terms and conditions of the order of the borough manager. The license shall immediately become subject to the terms and conditions of the modified order; or

3.    Reverse the order of the borough manager. The licensee shall be permitted to resume operation with the terms and conditions as originally issued.

D.    The assembly’s written findings shall set forth the assembly’s determination (with respect to each of the grounds stated in the borough manager’s correction order) as to the existence of the original violation, and whether the licensee has completed corrective action with respect to each violation found by the assembly.

(Ord. 11-21, Amended, 10/06/2011; Ord. 11-13, Amended, 07/07/2011; Ord. 84-24, Repealed & Replaced, 11/08/1984)

5.01.080 Judicial review.

A final decision of the assembly may be appealed to the Superior Court for the State of Alaska, First Judicial District at Juneau, Alaska, as the court with exclusive jurisdiction of any appeal, and in accordance with the Alaska Rules of Appellate Procedure.

(Ord. 11-21, Amended, 10/06/2011; Ord. 11-13, Amended, 07/07/2011; Ord. 84-24, Repealed & Replaced, 11/08/1984)

5.01.090 Operation without a license unlawful.

A.    New Business. After the effective date of this title, it is unlawful for any new business to begin operation within the municipality without any applicable license required by this title.

B.    Existing Businesses. After ninety (90) days following the effective date of this title, it is unlawful for any person, firm or corporation which was doing business in the municipality on or before the effective date of the ordinance codified in this title to continue or resume any activity requiring a license under this title without first obtaining such license from the municipality.

(Ord. 11-13, Amended, 07/07/2011; Ord. 84-24, Repealed & Replaced, 11/08/1984)

5.01.100 Penalty.

A.    For violations of this chapter, refer to Chapter 1.20, General Penalty. Violations of this chapter are subject to civil fines established by resolution.

B.    The municipality may seek a court order enjoining the continued operation, within the municipality, of any business whose owner or operator fails to comply with correction orders issued under Section 5.01.050 or terms of the borough assembly decision under Section 5.01.070, or who fails to cease operation following suspension or revocation of a license under Section 5.01.060 or 5.01.070.

(Ord. 14-12, Amended, 06/19/2014; Ord. 11-13, Amended, 07/07/2011; Ord. 84-24, Repealed & Replaced, 11/08/1984)