§ 16-36. Revocation or suspension of license; right to appeal.

(a)

As used in this section, "director of finance" shall mean the person holding the office of director of finance or his designee.

(b)

Any business license issued by the city may be revoked by the director of finance, or suspended for any period of time determined by the director of finance to be reasonable and appropriate under the circumstances, for any of the following reasons:

(1)

Failure of a business licensee to file the return required by section 16-24;

(2)

Failure of a business licensee to pay the occupational license fees collected and held pursuant to section 16-23; or

(3)

Failure of any business licensee to pay city real estate and/or personal property taxes when due.

(c)

Upon a determination that any one or more of the above causes has occurred, the director of finance shall notify the licensee in writing of the city's intention to revoke or suspend said licensee's business license for cause, as the case may be, and shall direct the licensee to appear at the director of finance's office, or respond in writing, within ten (10) days of receipt of notice, to show cause why said licensee's business license should not be revoked or suspended. This notification shall be sent to both the owner and operator of the business licensed therein, if the two (2) are not the same. During the ten-day response period, the licensee shall have the opportunity to present any evidence that a return has been filed, or that the aforementioned fees and/or taxes have been paid, or other evidence of good cause for failure to file and/or pay same.

(d)

Within thirty (30) days after the expiration of the ten-day response period, the director of finance shall review all evidence submitted by the licensee, require such audits as are necessary for the determination of whether or not the contested amounts are disputed in good faith, and upon a preliminary determination that cause for revocation or suspension of the licensee's business license is found to exist, the director of finance shall promptly conduct a due process hearing at which time the licensee shall be allowed to appear and present witnesses and/or evidence on its behalf. Notice of the hearing shall be sent by the director of finance to the licensee, by certified mail, return receipt requested, at least seven (7) days prior to the scheduled hearing. A record of the hearing shall be kept. If the licensee fails to appear at the hearing, or fails to produce clear and convincing evidence of payment or good cause for nonpayment, the director of finance shall revoke or suspend the license of the business, as deemed reasonable and appropriate under the circumstances, and the licensee shall immediately cease operation of its business for the duration of the revocation or suspension. Notice of revocation or suspension of any business license shall be sent to the licensee or operator of the business license therein.

(e)

Right of Appeal. Any business licensee whose occupational license has been revoked or suspended by the director of finance pursuant to the foregoing provisions, may appeal said revocation or suspension to the board of commissioners, by filing with the city clerk within ten (10) days of the date of revocation or suspension, a written notice of appeal, along with a copy of the notice of revocation or suspension, and a statement of the reasons why the revocation or suspension should be overruled. Within thirty (30) days of the filing of the notice of appeal hereunder, the Owensboro Board of Commissioners shall review all evidence of record on appeal, and may consider additional testimony or evidence from the licensee or city personnel, in its sole discretion. The board of commissioners shall uphold the revocation or suspension imposed by the director of finance if it is supported by substantial evidence. The board of commissioners shall notify the director of finance and the licensee of its decision within seven (7) days after the completion of its appellate review. The decision of the board of commissioners upon the appeal shall be final.

(f)

Revocation or suspension of a business license hereunder shall be in addition to the imposition of any other penalty prescribed by this chapter or any other ordinance, statute or law. The city may take any and all necessary and appropriate measures to enforce this section, including legal, equitable and/or mandatory injunctive relief.

(Ord. No. 41-2003, § 1, 11-4-2003; Ord. No. 5-2005, § 1, 2-15-2005)