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1763ORDINANCE NO. 1763 (#16 - 2024) AN ORDINANCE TO AMEND JMC § 5.04.140 (SUSPENSION AND REVOCATION OF BUSINESS PRIVILEGE LICENSE) TO INCLUDE THE OPTION TO DENY A REQUEST FOR BUSINESS LICENSES UNDER CERTAIN CONDITIONS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. WHEREAS, the City of Jacksonville, Arkansas, recognizes the need to protect public health, safety, and welfare by ensuring that businesses operating within the city are conducted in a lawful, safe, and ethical manner; and WHEREAS, the current provisions of JMC § 5.04.140 allow for the suspension and revocation of Business Privilege Licenses but do not explicitly address the need for denial of such licenses under certain conditions; and WHEREAS, it is essential for the City to have the authority to deny the issuance of a Business Privilege License when an applicant has demonstrated through previous actions or legal violations that operating a business would be detrimental to the community; and WHEREAS,, this ordinance is necessary to provide clear guidelines and authority to deny, suspend, or revoke business licenses in cases where the operation of a business poses a threat to public health, safety, or welfare, or where there is evidence of fraudulent, unlawful, or unethical business practices. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS: SECTION ONE: JMC § 5.04.140 (SUSPENSION AND REVOCATION OF BUSINESS PRIVILEGE LICENSE) is hereby amended to read as follows: JMC § 5.04.140 (SUSPENSION, REVOCATION, OR DENIAL OF BUSINESS PRIVILEGE LICENSE) 1) If any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship shall act to operate his/her/its/their business in such a way as to create a fraudulent, unhealthy, unlawful, unreasonable, unsanitary, or unsafe circumstance(s) or condition(s), be delinquent in submission of any and all payment(s) obligated under this Code or any other City, County, State, or Federal taxes or required fees, has had his/her/its/their local, state, or federal license suspended or revoked, or has conducted its business operations so as to warrant such, the City can suspend and/or revoke said business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship's Business Privilege License; 2) A business privilege license may also be denied if the applicant, managing agent, principal, or equity holder of the applicant: a. Has made a willful misrepresentation in applying for and obtaining a license; b. Has previously been denied a license or has had a license suspended or revoked; c. Has had a business license/permit revoked or suspended in another jurisdiction; ORDINANCE NO. 1763 (416 - 2024) Page Two d. Applicant's operation of a business would be a threat to the public health or safety; e. Has violated any provision of this Code or any other applicable law; f. Has failed within the required timeframe to remit payment for the City .for any fees incurred pursuant to this Code; g. Has been convicted of operating without a license under this Code or performing any act for which a license is required under this Code; or h. Has violated any provisions of this General Licensing Code. 3) Should the City have reason to believe that grounds exist to justify the revocation, suspension, or denial of a Business Privilege License, a letter shall be mailed by First Class Mail through the U.S. Postal Service to the Business Mailing Address on file with the City of the affected or proposed License Holder. Said letter shall notify the business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship of the grounds for revocation, suspension, or denial and the date and location of a Hearing regarding said matter within Ten (10) business days. Said letter shall also be emailed if a current email address for said License Holder or proposed License Holder has been provided to the City; 4) The Director of Administration shall conduct the Hearing, shall receive evidence and information from City employees or others about the grounds for revocation, suspension, or denial of the Business Privilege License, then shall allow the business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship an opportunity to present evidence and information to rebut any allegations so as to support why the Business Privilege License should not be revoked, suspended, or denied; and, 5) After such a hearing, the Director of Administration shall, solely within his/her judgment, issue a written Ruling within Ten (10) Business days. In said Ruling, the Director shall have the following options: (a) uphold the City's revocation, suspension, or denial of the license; (b) reinstate said Business Privilege License; (c) modify said suspension period for no more than Ninety (90) days; (d) place said Business Privilege License on probationary status for no more than Ninety (90) days to allow the business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship to remedy the violation(s); (e) direct that a citation be issued by the City's Code Enforcement Office for said violation(s); (f) issue a directive for Code Enforcement to issue a Cease & Desist Order for said Business License; (g) issue a directive to withhold any and all City services, including sanitation, wastewater, and water services, to the License Holder's business location(s); and/or, (h) issue a directive of any combination of the above so as to protect the citizens from any unethical, unscrupulous, unhealthy, unsafe, and/or unsanitary business practice(s) by the License Holder. 6) Should any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship whose Business Privilege License has been revoked, suspended, or denied by the City disagree, the decision of the Director of Administration shall be appealed to the Pulaski County Circuit Court and/or a court of competent jurisdiction within Thirty (30) days of the date of the Director of Administration's written ruling. SECTION TWO: Should any part(s) of this Ordinance be declared invalid for any reason, no other part(s) of the Ordinance shall be affected thereby. SECTION THREE: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. ORDINANCE NO. 1763 (#16 - 2024) Page Three SECTION FOUR: It is hereby found and determined by the City Council that the ability to deny, suspend, or revoke a Business Privilege License under the circumstances outlined in this ordinance is immediately necessary for the preservation of public peace, health, and safety. Therefore, an emergency is declared to exist, and this ordinance shall be in full force and effect from and after its passage. APPROVED AND ADOPTED THIS 19TH DAY OF SEPTEMBER, 2024. CITY OF JACKSONVILLE, ARKANSAS F ELMORE, MAYOR ATTEST: APPROVED AS TO FORM: STEPHANIE FRIEDMAN, CITY ATTORNEY