§ 12.5-108. Procedure for denial, revocation or refusal to renew license, duration of revocation.

(a)

The license inspector shall give written notice to the applicant, licensee, or manager or other person in control of the business of a decision denying an application, revoking a license or refusing to renew a license. This notice shall include reasons for the decision and in the case of a license revocation or a refusal to renew a license, notice shall be given:

(1)

In person, with acceptance of service acknowledged in writing and signed by the applicant, licensee, or manager or other person in control of the business;

(2)

By any method of personal service on any of the individuals noted above as provided for in Rule 4 of the South Carolina Rules of Civil Procedure; or

(3)

By posting the notice on the front door of the business establishment.

(b)

An applicant whose initial business license application is denied for any of the reasons cited in section 12.5-107(a)(1) of this Code shall, within thirty (30) days following the notice of denial, correct or amend the application so as to comply with the business license application requirements. Should the applicant fail to correct or amend the application in a timely fashion, in addition to all standard fees, the applicant shall pay a one hundred dollar ($100.00) reapplication fee simultaneously with submittal of the application.

(c)

A notification of license revocation or refusal to renew a license issued pursuant to this Code shall contain:

(1)

The date a decision shall become effective;

(2)

A brief statement of the reasons for revocation or refusal to renew;

(3)

Reference to applicable provisions of this Code;

(4)

That the licensee has the right to request an appeal of the license inspector's decision before a hearing officer, by submitting a written request for appeal to the license inspector within ten (10) days from the date of service of the notice; and

(5)

That failure to request such hearing shall result in final revocation of the business license.

(d)

The licensee may appeal the action taken by the license inspector by filing written notice of appeal with the license inspector within ten (10) days from the date of service of the notice set forth above, stating the reasons therefore, and accompanied by a twenty-five dollar ($25.00) processing fee. Within forty-five (45) days after receipt of a request for appeal, unless continued by agreement of the licensee and license inspector, at a time and place of which the licensee has been given written notice, a hearing officer shall hold a hearing on the licensee's appeal from the license inspector's decision. At the hearing, the strict rules of evidence shall not apply, but the parties shall have the opportunity to present all relevant arguments, be represented by counsel, present evidence and witnesses, and request that certain questions be asked of adverse witnesses in cross-examination. The appellant shall bear the burden of proof. The hearing shall be recorded and transcribed at the expense of the party so requesting. The rules of evidence and procedure prescribed by the hearing officer shall govern the hearing.

(e)

The hearing officer shall issue a written decision on the appeal of the license inspector's decision within thirty (30) days after the hearing, which shall be served on all parties or their representatives. If any party shall feel aggrieved after issuance of the decision of the hearing officer, that party shall have ten (10) days after receipt of the written decision of the hearing officer to appeal the decision to the circuit court.

(f)

If a decision of the license inspector has been appealed, the revocation or refusal to renew a license shall be stayed until the issuance of the hearing officer's decision.

(g)

The period of revocation or non-renewal shall be three (3) years, and the licensee or any person who had a legal or beneficial ownership interest in the revoked or non-renewed license shall not again be licensed for the same kind of business on the premises during such period.

(h)

Nothing in this section shall be interpreted as granting the hearing officer authority to hear those matters which the board of zoning appeals is authorized by state law or county ordinance to hear.

(Ord. No. 99-14, § 1, 5-5-15; Ord. No. 92-16, § 3, 1-10-17)