§ 12-63. Right to revoke, suspend or deny.

(a)

Subject to the notice and hearing procedure set out in this section, the city commission or city manager may revoke or suspend any local business tax receipt granted pursuant to this article for cause, including, but not limited to, the following:

(1)

The local business tax receipt holder maintains or allows a nuisance to be maintained at the permitted premises. As used in this paragraph, the term "nuisance" shall mean engaging in any activity or permitting any activity on the permitted premises proscribed by F.S. Chs. 796, 800, §§ 823.01, 823.05, and 849.20, or any amendments thereto;

(2)

The holder engages in or permits disorderly or immoral conduct on the permitted premises;

(3)

The holder causes or permits the playing of any form of music either by mechanical device or live performance in such a manner that the sound is violating the city's noise regulations;

(4)

The holder repeatedly violates the City Code;

(5)

The holder has violated any county ordinance, state or federal statute or rule or regulation pertaining to the activity which has been permitted pursuant to this article;

(6)

The holder fails to secure and maintain required off-street parking facilities for use by patrons of the business premises;

(7)

The holder fails to comply with the fire prevention ordinances of the city, after reasonable notice shall have been given to the holder to eliminate or correct any condition in violation of such ordinances on the permitted premises;

(8)

Any person holding both a city local business tax receipt and a county local business tax receipt for the same business shall have the city local business tax receipt automatically suspended if the county revokes or suspends the county local business tax receipt issued for such business; following such automatic suspension, the city commission shall establish a public hearing date at which time the holder of a city local business tax receipt that has been automatically suspended may appear and be heard as otherwise provided in this section with respect to whether or not such automatic suspension should become a suspension or revocation to exist until such time as the county issues a local business tax receipt;

(9)

Except as otherwise provided herein, such city local business tax receipt shall be suspended or revoked only after notice being given to the licensee setting forth the grounds for such proposed action, and an opportunity for a public hearing at which the local business tax receipt holder and all others concerned shall have the right to:

a.

Offer and examine witnesses and present evidence in support of their case; and

b.

Cross-examine witnesses and offer evidence to refute evidence offered in opposition.

(b)

Except as otherwise provided herein, whenever any city local business tax receipt upon any premises in the city has been revoked pursuant to this section, no subsequent local business tax receipt or certificate of occupancy shall be issued by the city for the premises for the same business or profession which has been revoked for a period of ninety (90) days subsequent to the effective date of the revocation unless the violation which caused the local business tax receipt to be revoked has been corrected.

(c)

Except as otherwise provided herein, whenever any city local business tax receipt has been revoked or suspended by reason of the suspension or revocation of a county local business tax receipt issued for such business, such suspension or revocation of the city local business tax receipt shall remain in effect until such time as a local business tax receipt is issued for such business.

(d)

Except in the case of a city local business tax receipt which has been suspended or revoked because of the suspension or revocation of a county local business tax receipt, any city local business tax receipt which has been suspended in the manner provided herein, may be reissued following the expiration of the period of suspension which suspension period may not exceed sixty (60) days.

(e)

The city manager shall not issue a local business tax receipt if he finds that:

(1)

The applicant, if an individual, or any of the co-owners, if the applicant is not an individual, has:

a.

Been convicted of any felony involving fraud, deceit or offense involving moral turpitude, unless such conviction occurred at least five (5) years prior to the date of the application or been convicted of any offense involving sexual misconduct with minors, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution or pandering, unless such conviction has occurred at least five (5) years prior to the application for permit and applicant has had no subsequent conviction;

b.

Been convicted of any offense involving the use of, or threat to use, force or violence upon the person of another, only if such conviction occurred at least five (5) years prior to the date of the application.

For the purpose of this section, "conviction" shall include any disposition of a criminal case involving the imposition against the applicant of a fine, probation, incarceration, or other adverse sentence of a punitive nature, whether or not the applicant has been formally adjudicated guilty;

(2)

The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the permit application or in any document required by the city in conjunction herewith; or

(3)

The applicant has had a permit or local business tax receipt, similar to the one being applied for, denied, revoked or suspended for any of the above causes by the city or by any other state or local agency within five (5) years prior to the date of application.

(f)

Revocation or suspension.

(1)

When a violation of any law or ordinance has been observed or reported, and the same constitutes cause for revocation or suspension of a license under subsection (a) above, the city manager shall issue to the affected person a provisional order to comply. The provisional order, and all other notices, issued in compliance with this section, shall be in writing, shall be sent by certified mail or personally served, and shall apprise the person affected, of his specific violations. In the absence of the person affected or his agent or employee, a copy of such notice shall be affixed to some structure on the premises. The provisional order shall require compliance within thirty (30) days of service on the affected person. Upon written application by the person affected before the expiration of the thirty-day period for compliance, the city manager shall set a hearing before himself or the city commission. Notice of such hearing shall be given the affected person in the manner prescribed herein. Upon written application, or on his own motion, the city manager or city commission shall have the authority, in a proper case, to extend the time for compliance, to grant a new hearing date, and to change, modify, or rescind any recommendation or order.

(2)

Upon the failure or refusal of the violator to comply with the provisional order or with any order made after hearing, the city manager shall, or the city commission may, then declare and make the provisional order final. The city manager or city commission shall have the authority to suspend or revoke the local business tax receipt upon making and declaring a provisional order final. Upon the revocation or suspension, the local business tax receipt holder shall immediately cease all business operated under such license.

(3)

When the conduct under any local business tax receipt is so inimical to the public health, safety and general welfare as to constitute a nuisance and thus give rise to an emergency, the city manager shall have the authority to summarily order the cessation of business and the close of premises, or to suspend or revoke the permit. Unless waived in writing, within thirty (30) days after he has acted summarily, the city manager shall conduct a special hearing for such action in respect to the summary order as may be therein determined. Notice of such hearing shall be given the affected person in the manner prescribed herein.

(4)

Notwithstanding the above provisions, upon conviction in a court of a violation of any of the provisions of this article, the local business tax receipt issued to the party convicted shall be immediately and automatically thereby revoked.

(5)

A person denied a local business tax receipt pursuant to this article may not apply for a license for a period of one (1) year following the denial.

(6)

Notwithstanding the above provisions, the city commission reserves the right to revoke any local business tax receipt for cause.

(Ord. No. 90-9, § 1, 6-4-90; Ord. No. 07-09, § 1, 5-7-07)