Title 5 BUSINESS REGULATIONS AND LICENSES*
Chapter 5.30 HOTELS, MOTELS AND PLACES OF PUBLIC LODGING
5.30.160 Grounds for suspension or revocation of license or permit.
(a) A license or permit issued under this chapter may be suspended by the
town manager if he/she determines that any of the following events has occurred
or conditions exist:
(1) The licensee has failed to pay the annual fee
required by Section 5.30.070 of this chapter for renewal of such
license;
(2) The licensee fails to provide the town manager with any
material additions, corrections, or changes to the information provided in the
license application within thirty days of such additions, corrections, or
changes;
(3) The licensee fails to permit inspections of the hotel and its
premises by public authorities acting pursuant to law;
(4) The licensee
fails to keep the hotel and its premises clean and free from any sort of
rubbish, combustible or explosive material, or any other conditions injurious to
public health and the general welfare;
(5) If the licensee is a nonnatural
person, the licensee is no longer in good standing under the laws of the state
of Indiana, or is no longer authorized and qualified to engage in business in
the state of Indiana;
(6) Any application for a hotel license or hotel room
permit filed by a licensee contains any material omissions and/or materially
false or misleading information;
(7) The license or permit was obtained
through fraud, duress, or illegality;
(8) The hotel and/or its premises are
conducted, maintained, supervised, or operated in such a manner as to create a
nuisance, or a threat to the public health or general welfare;
(9) The
licensee, any person having a financial interest in the licensee or associated
premises, or an employee of the licensee has been convicted of a felony in
connection with the operation of the hotel;
(10) The licensee, any person
having a financial interest in the licensee or associated premises, or an
employee of the licensee has been deemed to be aiding, abetting, encouraging,
permitting, harboring, or engaged in criminal conduct or criminal activities at
the hotel or on its premises;
(11) The licensee has failed to implement or
enforce policies and procedures governing employees, guests, and/or conduct and
activities at the hotel or on its premises reasonably calculated to ensure that
no illegal conduct or practice will take place at the hotel or on its
premises;
(12) The licensee, any person having a financial interest in the
licensee or associated premises, or the hotel and/or the premises so licensed
has failed to comply in any manner with any town ordinance, or state law
applicable to the operation of the hotel or its premises, in addition to any
provision of the revised code of the Consolidated City and County,
Indianapolis/Marion County, Indiana (the “Consolidated City Code”)
and the revised code of the Health and Hospital Corporation of Marion County
(the “Health and Hospital Code”), to the extent that the
Consolidated City Code and the Health and Hospital Code apply within the
corporate boundaries of the town; or
(13) The licensee has previously evaded
the licensing provisions of this chapter.
Before a license or permit may be
suspended, the town manager shall give written notice of the suspension to the
licensee with the date of suspension effective thirty days from the date of the
notice. The suspension will remain in effect until all fees and penalties have
been paid and the licensee is in compliance with this chapter. A suspension may
be appealed to the town council as set forth in Section 5.30.170 of this
chapter.
(b) A permit issued under this chapter may be revoked by the town
manager if:
(1) The permit has been suspended three or more times;
(2) A
suspension of the permit remains in effect for ninety or more days;
or
(3) The licensee’s license has been revoked.
If the town
manager revokes a permit, he/she shall provide written notice of the revocation
to the licensee. A revocation of a permit may be appealed to the town council
as set forth in Section 5.30.170 of this chapter.
(c) A license issued under
this chapter may be revoked by the town manager if:
(1) The license has been
suspended three or more times;
(2) A suspension of the license remains in
effect for ninety or more days;
(3) A suspension of any permit of the
licensee remains in effect for ninety or more days.
If the town manager
revokes a license, he/she shall provide written notice of the revocation to the
licensee. A revocation of a license may be appealed to the town council as set
forth in Section 5.30.170 of this chapter. (Ord. 1059 §1(part),
2006).
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