Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.

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Sec. 26-42.1. Suspension or revocation of license.

(a) [Good cause for suspension/revocation.] Any business license issued pursuant to the provisions of this article may be suspended or revoked for good cause by the city council. Good cause for such suspension or revocation shall include, but is not limited to:

(1) The existence of unsanitary conditions, noise, disturbances, or other conditions at, near or in the premises which causes or tends to create a public nuisance, which may injuriously affect the public health, safety or welfare, or which unnecessarily affects the adequate allocation of public safety resources;

(2) The commission of, or permitting or causing the commission of, any act in the operation of the business which is prohibited by any ordinance, rule or law of the city, state or federal government;

(3) Fraudulent practices and misrepresentation in the operation of the business;

(4) Concealment or misrepresentation in procuring the business license;

(5) The business for which the license has been issued is unlawful or is prohibited by any ordinance, code, rule or law of the city, state or federal government;

(6) The license was issued by mistake or is in violation of any of the provisions of this article; or

(7) The premises used to conduct said business has been condemned, declared a fire hazard or declared unsafe for business occupancy pursuant to applicable building, property maintenance, or fire codes.

(b) Suspension/revocation procedure.

(1) The city council, on its own motion or initiative, or upon the written complaint of any person or city staff, may, by resolution, set a hearing date to determine whether good cause exists to suspend or revoke a license issued pursuant to this article.

(2) A notice of the hearing, along with a copy of the resolution setting the hearing date, shall be served by certified mail with return receipt requested, to the person holding the business license at the address shown on the business license application. Such notice and resolution shall also be hand delivered to the licensee at the address shown on the business license application, if the person is present. If the person is not present, the notice and resolution may be delivered to the person in actual charge of the premises at the time of delivery. If the business is closed, a copy of the notice and resolution shall be posted in a conspicuous location on the property.

(3) The notice and resolution shall inform the licensee of the allegations which constitute the basis for the hearing, and shall provide that the licensee will be given the opportunity to appear and be heard at the hearing.

(4) At the hearing, the city council will make a determination as to whether good cause exists to suspend or revoke the license. This determination shall be made only after the licensee has been afforded a reasonable opportunity to be heard on the issue.

(5) In the event the city council finds good cause to suspend the license, it shall have the authority to place reasonable conditions and restrictions on the licensee during the suspension period. Any violation of these conditions and restrictions shall result in the revocation of the license.

(6) In the event the city council finds that good cause exists to revoke the license, the city council shall, by ordinance, revoke the license and shall direct the city clerk to notify the licensee of the revocation of the license, and to direct the licensee to immediately cease all business activity at the business location. Notice shall be completed in accordance with subsection (b)(2) herein.

(7) Any person conducting business activity in violation of a revocation ordinance shall be punishable by those penalties prescribed in section 1-9 of this Code, and each sales transaction shall constitute a separate and punishable offense.

(8) Any business or person who has had a license revoked pursuant to the provisions of this article shall not be eligible for another license until the business or person has complied with the requirements of section 26-31 and has obtained city council approval before a new license may be considered.

(Ord. No. 4067, § 1, 6-26-07)

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