§ 50-118. Denial, suspension or revocation.

(a)

Denial, suspension and revocation:

(1)

Each application submitted or certificate granted hereunder shall be subject to denial, suspension or revocation for any reason set forth in subsection (b) of this section. Within 60 days of the filing of a completed application, the city manager or designee shall either issue an occupation tax certificate to the applicant or issue a written notice of intent to deny an occupation tax certificate for one or more reasons set forth in subsection (b) of this section. Revocation of the occupation tax certificate shall result in the inability of the applicant or certificate holder to obtain an occupation tax certificate from the city for a term of five years from the date of revocation. The decision of the city manager to deny the occupation tax certificate shall be final unless the applicant files a notice of appeal to the city manager within 30 days after the city manager's written notice of denial.

(2)

Whenever the city manager or designee determines there is cause to suspend or revoke the occupation tax certificate issued hereunder, the city manager or designee shall give the certificate holder written notice at least 15 days prior to an administrative hearing of the time, place, purpose of the hearing, and a statement or the charge(s) upon which the administrative hearing before the city manager or designee shall be held in accordance with this section.

(3)

The procedure for administrative hearings under this chapter shall be set forth by the city manager. The city manager or designee shall reach a decision on the matter before them within ten days following the close of the hearing and give written notice of said decision. The decision of the city manager or designee shall be final unless the certificate holder files a notice of appeal to the city manager or designee within 30 days of receiving notice of said decision.

(b)

An occupation tax certificate may be denied, suspended or revoked upon one or more of the following grounds:

(1)

The applicant or certificate holder is guilty of fraud in the operation of the business or occupation he practices or fraud or deceit in being licensed to practice in that area;

(2)

The applicant or certificate holder is engaged in the business or occupation under a false or unauthorized assumed name, or is impersonating another practitioner of a like or different name;

(3)

The applicant or certificate holder is addicted to the habitual use of intoxicating liquors, narcotics, or stimulants to such an extent he is unable to perform his duties under the business or occupation;

(4)

The applicant or certificate holder is guilty of fraudulent, false, misleading, or deceptive advertising or practices;

(5)

The applicant or certificate holder has been convicted of or has pled guilty or nolo contendere to any sexual offense as set out in O.C.G.A. tit. 16, ch. 6 (O.C.G.A. § 16-6-1), or to any offense involving the lottery, illegal possession or sale of narcotics or alcoholic beverages or possession or receiving of stolen property, for a period of five years immediately prior to the filing of the application. If after having been granted an occupation certificate, the applicant pleads guilty, is convicted of, or enters a plea of nolo contendere to any of the offenses listed in subsections a. through this subsection, said certificate shall be subject to suspension and revocation;

(6)

The original application or renewal thereof, contains materially false information, or the applicant has deliberately sought to falsify information contained therein;

(7)

The business or establishment is not authorized to operate within the city, or within the zoning district within which it is located, or is otherwise not in conformity with locational requirements of any of the city's ordinances;

(8)

The business or establishment is a threat or nuisance to public health, safety or welfare;

(9)

The business or establishment has been found by a court of law to have been operating unlawfully;

(10)

Any other violation of this article; or

(11)

Violation of another statute, ordinance, rule, or regulation that governs the operation of the business in question.

(Ord. No. 2009-12-42, 12-14-2009)