§ 18-36. Prerequisites for issuance of business tax receipt; denial; appeal.

(a)

Application. No business tax receipt will be issued to any person, business, profession or occupation in the city until an application has been filed with the community development director or his designee. The application shall contain the following information:

(1)

Name, type of business, address, phone number.

(2)

Owner's name, address, phone number.

(3)

Persons to be contacted in case of emergency.

(4)

Alarm system information.

(5)

Copy of certificate, registration or license issued by the state department of professional regulation if applicable.

(6)

Copy of certificate of competency issued by building division if applicable.

(7)

Other related data.

(b)

Inspections. No business tax receipt shall be issued to any person until the person's business location has been inspected by city inspectors for the building division and fire department, and such business location has been found by both inspectors to be in compliance with all applicable ordinances, codes and regulations. Such inspections shall not be required if a certificate of occupancy has been issued for the business location within 12 months preceding the application for the business tax receipt, provided that certificate of occupancy was issued for the same type of business for which the business tax application is being made.

(c)

Denial of business tax receipt. If an inspector from the building division or fire department determines that the applicant's business location does not comply with the requirements of the building code or fire code, respectively, such business tax application shall be denied by the community development director or his designee and the applicant shall not be permitted to engage in the business at such location.

(d)

Right of appeal.

(1)

If the community development director or his designee denies a business tax, the applicant therefor shall have the right to appeal such denial to the city manager by filing a notice of appeal with the city manager within ten days after such denial. The city manager, within 15 days of such appeal, shall hold an informal hearing to determine if the business location complies with the requirements of all applicable ordinances, codes and regulations. Written notice of the hearing shall be provided by the city manager to the applicant, which notice shall set a date for the hearing giving the applicant an opportunity to be heard on the denial of the business tax receipt. The city manager, after hearing from all interested parties, shall either sustain the position of the community development director or his designee and deny the business tax receipt, or order the community development director to issue the business tax receipt. The city manager shall issue a written decision based on whether the business location complies with the requirements of all applicable ordinances, codes and regulations.

(2)

If the city manager sustains the position of the community development director or his designee and denies a business tax receipt, the applicant therefor shall have the right to appeal such denial to the city council by filing a notice of appeal with the city clerk within ten days after such denial. The city council, within 30 days of such appeal, shall hold a public hearing to determine if the business location complies with the requirements of all applicable ordinances, codes and regulations. Written notice of the hearing shall be provided by the city clerk to the applicant, which notice shall set a date for the hearing giving the applicant an opportunity to be heard on the denial of the business tax receipt. The city council, after hearing from all interested parties, by majority vote, shall either sustain the position of the city manager and deny the business tax receipt, or order the city manager to direct the community development director to issue the business tax receipt. The city council shall base its decision on whether the business location complies with the requirements of all applicable ordinances, codes and regulations.

(Ord. No. 1991-2, § 7, 2-5-91; Ord. No. 2007-13, §§ 1, 12, 3-20-07)