§ 6-1.110. Determination of Type or Class of Business.

(a)

The determination of which business or businesses, or type or class of business or businesses, a licensee or applicant for a license is engaged in, or about to engage in, shall be an administrative function of the Director.

(b)

In any case where a licensee or applicant for a license believes that he/she is placed in the wrong business or class of businesses he/she may apply to the Director for a change in his/her classification. Such application may be made before, at, or within three (3) months after payment of the prescribed license tax. The applicant shall by affidavit and supporting testimony show such information as the Director may deem necessary in order to determine the proper classification. The Director may conduct his/her own investigation and shall have the administrative duty of determining the proper classification. Any applicant or licensee aggrieved by the decision of the Director shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the Director, within fifteen (15) days after notice of the decision of the Director, a written statement setting forth the grounds for the appeal. The City Clerk shall set a time and place for a hearing on such appeal within thirty (30) days after the receipt of the appeal. The decision and order of the Council if backed by substantial evidence shall be final and conclusive.

(Added by Ord. 3266-C.S., § 1, effective 9-26-02)