A license may be denied, suspended or revoked if the licensee does any of the following except

§ 38.2-1845.11. Termination, suspension, or revocation of license.

A. A license issued to an individual public adjuster shall authorize him to act as a public adjuster until his license is otherwise terminated, suspended, or revoked.

B. A license issued to a business entity shall authorize such business entity to act as a public adjuster until such license is otherwise terminated, suspended, or revoked. The dissolution or discontinuance of a partnership, whether by intent or by operation of law, shall automatically terminate the public adjuster license issued to such partnership. The Bureau shall automatically terminate all public adjuster licenses within 90 calendar days of receiving notification from the Clerk of the Commission that the certificate of organization or charter of a domestic limited liability company or corporation respectively, whether by intent or by operation of law, has been terminated or that the certificate of registration or certificate of authority of a foreign limited liability company or corporation, respectively, has been revoked.

C. Except as provided in subsection B of § 38.2-1845.5, the license authority of any licensed resident public adjuster shall terminate immediately when such public adjuster has moved his residence from the Commonwealth, whether or not the Commission has been notified of such move.

D. The license authority of any business entity licensed as a public adjuster shall terminate immediately if the sole licensed responsible public adjuster designated pursuant to subdivision F 3 of § 38.2-1845.2 for the business entity's compliance with the insurance laws, rules, and regulations of the Commonwealth is removed for any reason and a new responsible public adjuster has not been designated and the Commission notified within 30 calendar days of such removal and of the newly designated responsible public adjuster.

E. The Commission shall not revoke or suspend an existing license until the licensee is given an opportunity to be heard before the Commission. If the Commission proposes to revoke or suspend an existing license, it shall give the licensee at least 10 calendar days' notice in writing of the time and place of the hearing, if a hearing is requested. The notice shall contain a statement of the objections to the issuance of the license or the reason for its proposed revocation or suspension, as the case may be. The notice may be given to the licensee by registered or certified mail, sent to the last known address of record or the last known business address if the address of record is incorrect, or in any other lawful manner, the Commission prescribes. The Commission may summon witnesses to testify with respect to the licensee, and the licensee may introduce evidence in the licensee's behalf. No licensee whose license is revoked shall again apply for a license until after the expiration of a period of five years from the date of the Commission's order or such other period as the Commission prescribes in its order.

F. The license of a business entity may be suspended or revoked if the Commission finds, after notice and an opportunity to be heard, that a violation by an individual licensee acting at the direction of, on behalf of, or with the permission of the business entity was known to be a violation by one or more of the partners, officers, or managers acting on behalf of the business entity or if it can be demonstrated to the satisfaction of the Commission that responsibility for such violation by the individual can reasonably be imputed to one or more of the partners, officers, or managers acting on behalf of the business entity, and neither was the violation reported to the Commission nor corrective action taken.

G. In addition to or in lieu of any applicable denial, suspension, or revocation of a license, a person may, after notice and an opportunity to be heard, be subject to a penalty pursuant to § 38.2-218.

H. The Commission shall retain the authority to enforce the provisions of and impose any penalty or remedy authorized by this title against any person who is under investigation for or charged with a violation of this title, even if the person's license or registration has been surrendered, terminated, suspended, revoked, or has lapsed by operation of law.

2012, cc. 734, 735.

Chapter 5.15REVOCATION, SUSPENSION OR DENIAL OF LICENSES1

Sections:

5.15.010    Denial of a business license.

5.15.020    Reasons for suspension or revocation.

5.15.030    Enforcement.

5.15.040    Procedure for suspension or revocation.

5.15.050    Appeal procedure.

5.15.060    Hearing.

5.15.070    Decision of the City Council.

5.15.080    Appeal of City Council decision.

5.15.090    Licensing after revocation.

5.15.100    Validity of business license during appeal.

5.15.010 Denial of a business license.

After a person has made application to the City for a business license, the application may be denied for any of the following reasons:

(A) The applicant does not meet the qualifications for a license as provided under this title.

(B) For a new application, nonpayment of a returned check for the required license fees at the time the application is made. For a business license renewal application, nonpayment of the required license fees plus penalty three months after it is due.

(C) Any reviewing department, division or agency of the City provided for in this title has disapproved the application pursuant to any applicable provision of the City Code.

(D) False or incomplete information given on the application.

(E) Noncompliance with any requirement or condition set by the Planning Commission or Planning and Zoning Division, if applicable, under a conditional use permit or by the Board of Adjustment or Planning and Zoning Division, if applicable, granting a variance or special exception.

(F) Noncompliance with any City, state or federal statutes or any Health Department regulations governing the applicant’s proposed business.

(G) Any other reason expressly provided for in this title. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-03-010.]

5.15.020 Reasons for suspension or revocation.

An existing business license may be suspended or revoked for any of the following reasons:

(A) The license does not now meet the qualifications for a license as provided under this title;

(B) False or incomplete information given on an application;

(C) The licensee has violated or is violating any provision of this title or provision of the City Code, state or federal statutes or regulations governing the licensee’s business;

(D) The licensee has obtained or aided another person to obtain a license by fraud or deceit;

(E) The licensee has failed to pay any taxes or fees to the City when due;

(F) The licensee has refused authorized representatives of the City access to the licensed premises for the purpose of an inspection or has interfered with such representatives while in the performance of their duty in making such inspection;

(G) The licensee is not complying with a requirement or condition set by the Planning Commission or Planning and Zoning Division, if applicable, under a conditional use permit; by the Board of Adjustment or Planning and Zoning Division, if applicable, granting a variance or special exception; by the City Council, or by agreement;

(H) Violation of this title by the agents or employees of a licensee and violations of any other laws by the agents or employees committed while acting as an agent or employee of the licensee; or

(I) Any other reason expressly provided for by ordinance. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-03-020.]

5.15.030 Enforcement.

(A) The Business License Official shall have the authority, without a hearing, to deny a license for the reasons provided for in this chapter.

(B) The Business License Official shall have the authority to suspend or revoke a license, without a hearing, for reasons provided for in this chapter. However, the suspension or revocation shall not take effect until the time period for appealing the decision as set forth in this chapter below has passed.

(C) The Business License Official may, on his/her own initiative or in response to complaints from the general public or any City department or division, investigate and gather evidence of violations of this title or other circumstances which may give rise to a denial, suspension or revocation. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-03-030.]

5.15.040 Procedure for suspension or revocation.

The Business License Official shall cause written notice to be given by personal service or registered mail to the licensee at the licensee’s business address of his or her decision to suspend or revoke a license, the reason for such decision, that operation of a business after the effective date of the suspension or revocation is a Class B misdemeanor, the licensee’s right to appeal the Business License Official’s decision and have a hearing, and the appeal procedure. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-03-040.]

5.15.050 Appeal procedure.

(A) Appeals of the Business License Official’s or City Administrator’s decision to deny, suspend or revoke a license or regarding the application of this title may be made to the City Council by filing a written notice of appeal with the City Recorder within 15 days of receipt of the notice of denial, suspension or revocation.

(B) The notice of appeal shall be in writing and shall set forth with specificity the reasons for which the appeal is taken. [Ord. 11-08 § 1 (Exh. A); Ord. 09-11 § 2; Code 1971 § 6-03-050.]

5.15.060 Hearing.

(A) The hearing shall be at a time, place, and day set by the City Council, but not later than 21 days after receipt of the notice of appeal.

(B) At the hearing, the Business License Official or his or her designee shall present the reasons for the decision to deny, suspend or revoke the license.

(C) The applicant or licensee, in person or through his or her attorney, may then present any evidence showing reason why the decision was in error.

(D) All witnesses shall be sworn to testify truthfully. Either party is entitled to confront and cross-examine any witnesses.

(E) Any oral or documental evidence may be received, but the Council shall exclude all privileged, irrelevant, immaterial, or unduly repetitious evidence.

(F) If the denial, suspension, or revocation appealed from is based on a finding by the Building Department or Fire District that the business was or would be in violation of any Uniform Construction Codes or on a finding by the county health department that the business was or would be in violation of any county health department regulations, then that finding shall be conclusive on the City Council, and the Council’s decision may be based only on whether the license was properly denied, suspended, or revoked because of the Building Department, Fire Department or county health department finding.

(G) If the denial, suspension, or revocation appealed from is based on a determination by the Business License Official that grounds existed pursuant to this code, the City Council may examine the factual nature of the grounds and determine whether such grounds are sufficient to sustain the decision of the Business License Official.

(H) The City Council does not have the authority to waive compliance with applicable provisions of the business license ordinances, nor can the Council extend deadlines set forth in the ordinances or change the substance or form of the ordinances. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-03-060.]

5.15.070 Decision of the City Council.

The City Council, after hearing all the evidence, shall announce its decision within 15 days from the date of hearing. The Council may affirm, reverse or modify the decision of the City Administrator. The decision shall be in writing and shall be based upon findings of fact. [Ord. 11-08 § 1 (Exh. A); Ord. 09-11 § 2; Code 1971 § 6-03-070.]

5.15.080 Appeal of City Council decision.

Any decision of the City Council made pursuant to the provisions of this title may be appealed by any aggrieved party to the District Court within 30 days from when the written decision is made. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-03-080.]

5.15.090 Licensing after revocation.

A person, whose license has been revoked, may not be issued a license for a period of 12 months after the revocation. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-03-090.]

5.15.100 Validity of business license during appeal.

Throughout the administrative appeal process as outlined above, a licensee holding a suspended or revoked business license may continue to operate his or her business in accordance with federal, state and local laws pending final decision on the appeal, or until the time for appeal has passed, whichever occurs first. [Ord. 11-08 § 1 (Exh. A); Code 1971 § 6-03-100.]


Prior legislation: Ord. 06-26.


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