5.02.110 Review of application and applicant qualifications.
A. The City Administrator, upon receipt of an applicant’s information, shall cause an investigation and review of the application to be made by the proper City officials, and shall approve or deny issuance of the license within 30 days thereafter; provided, this timeline may be extended in the event the applicant submits additional information to the City Administrator to consider pursuant to subsection E of this section.
B. The application shall be denied if the proposed use of premises would be in violation of any City building, safety, fire, health, or land use regulations as determined by the City department charged with the enforcement of said regulations.
C. Qualifications of Applicants. The City Administrator may deny issuance, or renewal, of a business license when the business itself or the licensee, officer or partner thereof, or another person with a legal interest in the license:
1. Has obtained a license or permit related to the business by fraud, misrepresentation, concealment, or through inadvertence or mistake;
2. Has knowingly caused, aided, abetted, or conspired with another to cause any person to violate any of the laws or regulations of this State or the City which may affect or relate to the proposed business, except for federal statutes, rules and regulations relating to cannabis that are in conflict with State law, as long as the business has a current State cannabis license;
3. Has been convicted of, forfeited bond upon, or pleaded guilty to any offenses related to the operation of the proposed business;
4. Has had a license revoked or suspended by the City or another jurisdiction; provided, this section shall not apply if the license that was suspended or revoked was reinstated on appeal or because applicant engaged in corrective action;
5. Has made a misrepresentation or failed to disclose a material fact to the City related to any of the obligations set forth in this chapter;
6. Is indebted or obligated to the City for past due fees or taxes related to the business exceeding 4 months; provided, that if business is working with the City in good faith to address the issue to the City’s satisfaction, the nonpayment of any taxes or fees will not be used as grounds to deny the business license; or
7. Has violated any building, zoning, safety, fire, or health regulation on the premises in which the business is located after receiving warning from the City to refrain from such violations.
D. If an application is denied by the City Administrator, the reason for denial shall be given and the applicant may appeal the decision as provided in this chapter.
E. An applicant who does not meet or who is unsure whether they meet the qualifications set forth in this section may submit additional information explaining any extenuating circumstances related to applicant’s failure to meet any such qualifications for the City Administrator to consider when determining whether to grant the applicant’s license. The information must be submitted to the City Administrator in writing prior to or contemporaneously with applicant’s submission of a business license application to the Business Licensing Service. The City Administrator may require the person to submit additional background information or may request to meet with the applicant to discuss further. The City Administrator will take the information provided by applicant into account when making the decision whether to approve or deny applicant’s license.
F. The granting of a business license under this chapter shall not authorize any person to engage in any activity prohibited by federal, State or local law or regulation. (Ord. 2972 § 1 (Exh. A), 2022).