§ 12-7. Control by city of issuance, reissuance, and transfer, of certificate of use and local business tax receipt; right of appeal.

(a)

The city may refuse to issue, reissue or transfer any certificate of use or local business tax receipt, or both provided for in this chapter when the issue, reissue or transfer of the certificate of use or local business tax receipt, or both would result in the violation of applicable city, county or state law. In the case of such refusal by the city, the city shall state in writing the basis for such refusal to issue, reissue or transfer a certificate of use or local business tax receipt, or both with specific reference to the provisions of the city or county code or state statute or federal law which the city asserts constitutes grounds for denial.

(b)

The city shall have the right and authority to revoke any certificate of use granted under this chapter and issued to any person, to issue a notice of violation, notice to appear or uniform code citation, or may close a business, profession or occupation after appropriate written notice as provided in section 12-3(c)(1), whenever it is made to appear that the business method or operation or work being conducted or carried on would constitute a violation of any applicable city, county, state, or federal law.

(c)

An applicant who is denied issuance, re-issuance or transfer of a certificate of use or local business tax receipt, or whose certificate of use has been revoked, or any person, firm, or corporation whose business operation or facility has been closed in accordance with this article, may, within five (5) business days of the denial, revocation, or closure, appeal the denial, revocation, or closure to the city. The due process hearing shall be scheduled on the next upcoming special master hearing agenda and the special master shall review the application, the denial, revocation, or closure and any other information presented and either sustain or reverse the city's denial, revocation, or closure. In the event the denial, revocation, or closure is sustained in whole or in part, the applicant, or any person, firm or corporation, may appeal the decision of the special master within thirty (30) days of the entry of the order to the appropriate county court with jurisdiction.

(Ord. No. 96O-129, § 2, 7-15-96; Ord. No. 07O-04-121, § 1, 6-25-07; Ord. No. 10O-06-131, § 1, 6-28-2010)