§ 1-24. Refusal to issue licenses, permits or renewal thereof; suspension or revocation; procedure  


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  • (a) The city may refuse to issue a license or permit, or grant a renewal thereof, unless otherwise provided in this Code, for any of the following reasons:

    (1) Any fraud, misrepresentations or false statements contained in the application for permit or license.

    (2) Conviction of the applicant of a crime violating any law of the city, state or federal government, including, but not limited to, theft, fraud, and receiving stolen property, and excluding misdemeanor traffic violations, where such crime has a reasonable and significant relationship to the purpose and scope of the permit or license, and where it has occurred within the last three years from the date of application.

    (3) Any violation of an applicable building, fire, health, safety, licensing or zoning code or ordinance, where such violation exists on the premises of the proposed licensed or permitted activity.

    (4) Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares, or services.

    (5) Conducting the licensed or permitted activity under this Code and/or any ordinance in a manner as to constitute a menace to the health, safety, morals or general welfare of the public.

    (b) The city may suspend or revoke the licenses or permits issued pursuant to this Code, unless otherwise provided in this Code, after notice and hearing, for any of the following reasons:

    (1) Any fraud, misrepresentation or false statement later discovered contained in the application for permit or license.

    (2) Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or services.

    (3) Conviction of the licensee or permittee of a crime violating any law of the city, state or federal government, including but not limited to fraud and receiving stolen property, and excluding misdemeanor traffic violations, where such crime has a reasonable and significant relationship to the purpose and scope of the license or permit, and where it has occurred during the effective period of such license or permit.

    (4) Conducting the licensed or permitted activity under this Code and/or any ordinance in a manner as to constitute a menace to the health, safety, morals or general welfare of the public.

    (5) Any violation of an applicable building, fire, health, safety, licensing or zoning code or ordinance, where such violation exists on the premises of the licensed or permitted activity.

    (c) In case of suspension or revocation of a license or permit, the notice of hearing for such shall be in writing by the clerk. Such notice shall set forth specifically the grounds of the complaint and the time and place of the hearing. Service of such notice shall be made by either personal service or by certified mail, return receipt requested, to the licensee or permittee at the last known address at least ten days prior to the date set for the hearing.

    (d) Unless a different procedure is specified for a particular license issued under the Municipal Code of Pontiac, any person whose application for a license or permit is denied shall have the right to a hearing before the city council, provided a written request therefor is filed with the clerk within ten days following the denial of application for a license or permit.

    (e) In case of either refusal to issue a permit or license or the suspension or revocation of a license or permit, no portion of the application, license or permit fee shall be returned to the applicant, licensee or permittee unless otherwise provided in this Code and/or in any ordinance of the city.

    (f) Any suspension or revocation of a license or permit shall be in addition to any penalty or fine as prescribed in this Code and/or in any ordinance of the city.

    (g) The order of the council or such other authorized official, department, board or agency, where applicable, following the appropriate notice and hearing, shall be the final municipal action for the purpose of judicial review.

(Code 1985, § 1-24)