Application procedure; grounds for denial

(a)

Form. No BTR shall be issued or granted to any applicant to engage in any business or in the practice or pursuit of any profession or occupation coming within the categories mentioned in section 31-50 herein, unless the applicant shall first make application and complete an application form stating the following:

(1)

The name of the applicant.

(2)

Where applicable, the business address where the applicant has obtained a valid and current certificate of use from the office of zoning for the business activity which the applicant seeks to engage in.

(3)

The name of the business, including, without limitation any fictitious name issued under the fictitious name statute of the State of Florida.

(4)

In the initial application state whether the applicant has ever had any BTR issued under this article revoked or suspended.

(5)

The application form shall have the following language:

STATEMENT: This information is given freely and voluntarily, and all the facts, figures, statements contained in this application are true and correct.

(6)

The applicant shall sign the application.

(7)

The application shall contain a section designated "emergency locator." The applicant shall fill out as part of the BTR application the resident address and resident phone number of the owner and manager or other local persons to be notified in case of fire or other emergencies. Any changes in such information during the period for which the BTR Holder is issued shall be made to the BTR division, in writing.

(8)

The applicant shall furnish all other information requested by the city manager or designee as deemed necessary for its determination of the appropriate BTR and the amount of said BTR applicable thereto.

(b)

Grounds for denial. Grounds for denial of the issuance of a BTR shall include:

(1)

The applicant has materially misrepresented or failed to include the information mandated by this article in the application.

(2)

The applicant, individual, partnership, or other incorporated or unincorporated business entity desiring to engage in the business applied for in this application currently has that BTR under suspension or revocation.

(3)

The applicant, individual, partnership or other incorporated or unincorporated business entity desiring to engage in the business as described in the application has not provided the city manager or designee with a valid and current certificate of use from the office of zoning.

(4)

The applicant, individual, partnership or other incorporated or unincorporated business entity desiring to engage in the business as described in the application is the subject of code enforcement procedures, a state law or county violation, or a violation of the zoning ordinance or other city ordinance, where the applicant's business enterprise is located or is to be located. Said BTR shall be withheld by the city manager or designee until such time as said violation is corrected and all attendant fines are paid in full, or the code enforcement board, a special master, or a court of competent jurisdiction issues an order directing the issuance of the BTR.

(c)

Any person whose application for a BTR has been denied by the city manager or designee under this section or under section 31-41 may, by appropriate written petition to the department of hearing boards, seek a hearing pursuant to section 31-49. The request for a hearing must be made within 30 days after the notice of denial by the city manager or designee, is submitted to the applicant.

(d)

BTR issued. The BTR shall have the name of the city manager or designee imprinted thereon.

(Ord. No. 10303, § 1, 7-23-87; Ord. No. 11148, § 3, 5-5-94; Code 1980, § 31-10; Ord. No. 12499, § 2, 2-26-04; Ord. No. 12683, § 2, 5-12-05; Ord. No. 12885, § 1, 2-8-07; Ord. No. 13106, § 2, 10-8-09; Ord. No. 13745, § 2, 2-22-18)

State Law reference— Fictitious name, F.S. § 205.023; prerequisites for issuance, F.S. § 205.194 et seq.