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)
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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.
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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