§ 605.170. Remedies Regarding Operation Of Business Without Business License.

A. 

Nuisance. The continued operation of a business without a current and valid business license shall be deemed a nuisance, and, as such, shall be actionable under Article II of Chapter 245 of the Blue Springs City Code, and all of the provisions of Article II of Chapter 245 are applicable to the nuisance and it's abatement.

B. 

Prohibit Operation. The City may prohibit the further operation of any business that is not currently the holder of a valid business license if that business is required by this Chapter 605 to have an business license.

1. 

If the business license is not currently valid due to a suspension or revocation under Section 605.150 or a revocation that has occurred pursuant to Section 144.083.3, RSMo., or the failure to timely file and seek renewal, the closure of the operation of the business may be implemented by the City immediately and, if so implemented, the Blue Springs Police Department shall take the actions necessary to secure the business so that it can no longer operate or remain open for business.

2. 

In any other circumstance, the closure of the business shall only be initiated after a Hearing Officer, determines that the business is being operated without a current and valid City business license. A notice shall be served and a hearing held in accordance with the procedures set out in Chapter 140. Following a hearing, the Hearing Officer may order the business closed in which case the Blue Springs Police Department shall take the actions necessary to secure the business so that it can no longer operate or remain open for business. The business shall have written notice of the time and place of such hearing as set forth in Chapter 140. Said written notice shall be directed by certified or registered United States Mail to the business address last known to the City based on the most current application for a business license on file with the City or such other address as the City may determine. The business shall have the full right to be represented by counsel at such hearing, to produce witnesses in their/its behalf, and to be heard. Failure of a representative of such business appearing at said hearing shall not preclude the Hearing Officer from taking evidence and issuing their decision with respect to whether or not the business is operating without a business license in violation of the City's Codes, provided the procedures set out in Chapter 140 have been complied with. Appeals from any adverse ruling shall be as provided in Chapter 536, RSMo.

[Ord. No. 4589 § 9, 3-21-2016; Ord. No. 4631 § 1, 11-21-2016]

Editor's Note: Former § 605.170, which derived from CC 1968 § 11-32 and Ord. No. 377 § 16, 12-28-1967, was repealed 11-3-1997 by Ord. No. 3025 § 2.

R.O. 1996 § 605.170; Ord. No. 3157 § 1, 8-16-1999; Ord. No. 3444 § 4, 1-22-2002; Ord. No. 4526 § 1, 12-15-2014