DEPARTMENT OF LICENSING ACT



DEFINITIONS



  1. “The Department of Licensing” refers to the licensing authority being created and authorized by this ordinance.
  2. “License(s)” refers to a certificate, tag, document or object which gives formal permission from a governmental or other constituted authority to do something.
  3. “Official member(s)” refers to anyone employed by the by the Los Santos Government, Department of Licensing.



INTRODUCTION


An ordinances to create and authorize San Andreas licensing authority and the regulation of licensing.


[SECTION 2] - Department of Licensing


  1. The Department of Licensing is controlled and managed by The Office of Administration, Los Santos Government.
  2. The Department of Licensing is led by the Director of the Department of Licensing.
  3. The Department of Licensing is overseen by the Director of The Office of Administration.
  4. The Department of Licensing head office is based at “Pershing Square, Los Santos City Hall, Floor 3”.
  5. The Department of Licensing responsibilities and authority:
    • The Department of Licensing is responsible for licensing and regulating of business, including but not limited to business with the intention of selling alcoholic consumable material, institutions with intention of gambling, adult entertainment institutions and institutions with intention of general business operations.
    • The Department of Licensing has the responsibilities and duties to conduct itself in good faith and according with the law.
  6. Official members of the Department of Licensing do not hold the power of arrest. However, official members of the Department of Licensing have the power to issue penalties (Section 4) to be able to enforce rules and standards as set by “Department of Licensing Act” and The Department of Licensing.
  7. The Department of Licensing has the power to undertake random inspections of premises and facilities of license holders and registered business. The Department of Licensing should not inspect any facility or property not relevant to the business operation.


[SECTION 3] - Licensing Information


General Information
  1. The Department of Licensing has to decide and publish the process and procedure of obtaining a license(s). The Department of Licensing has to ensure that these processes and procedures are reasonable, fair and do not conflict with the law.
  2. The Department of Licensing can create new licenses, alter or abolish licenses. The Department of Licensing is required to publicly publish an up to date list of licenses types. The creation, alter or abolishment of licenses has to be done reasonably, fairly and following the law.
  3. The Department of Licensing can establish rules of licensing. The Department of Licensing can establish a level of standards relating to the health and safety which apply to any registered institution. Such rules and standards need to be publicly published.



Licensing Fee(s)
  1. An institution is required to pay an initial license application fee when registering a business. The Department of Licensing can set further monthly fees depending on the license.



Revocation of License
  1. Only the Department of Licensing can revoke the license(s) issued by the Department of Licensing.
  2. The Department of Licensing should issue the business with a reasonable warning before revoking the license of a business. Preferably but not required the Department of Licensing could use a “Formal Warning” penalty before revoking a license.
  3. The Department of Licensing can impose the penalty of revocation of business license if:
    • The business has failed to follow and adhere to licensing regulations and policies which have been set up by the Department of Licensing.
    • The business has failed to pay the required fee(s) set by the Department of Licensing.
    • The business has been or is being used to violate and break state or federal laws.
    • The owner of the license has ceased business operations for which the owner of the license has to inform the Department of Licensing so they can remove the business from the active business list.


Fines
  1. The Department of Licensing has the power to impose fines and civil penalty upon business, institutions or individual who fail to pay licensing fees on time or who violate licensing policies. The fines imposed by the Department of Licensing cannot exceed $60,000.



[SECTION 4] - Type of Penalties


Formal Warning
  • In most cases, a formal warning is the first use of official addressing to a business to abide by the licensing regulations and policies. A business has seven (7) days to address the violation upon receiving the formal warning. Failure to address the violation can result in the penalties listed below.

Civil Penalty
  • Civil Penalty is a financial penalty imposed on an individual or a business by the Department of Licensing as restitution for wrongdoing. The individual or business has five (5) days to pay the civil penalty upon receiving it.

Suspension of Business License
  • The Department of Licensing can impose a suspension of business license which would force the business to cease all activities related to the business license(s). The suspension of business license penalty is set in a determined period of time by the Department of Licensing.

Revocation of Business License
  • The Department of Licensing can revoke a business license which would force the business to cease all activities related to the business license(s) permanently. Preferably but not required the Department of Licensing could use a “Formal Warning” penalty before revoking a license.

Cease and Desist Order
  • The Department of Licensing can issue a business with a cease and desist order when a set business violates and disregards licensing regulations repeatedly. A cease and desist order will force a business to close its doors permanently.


[SECTION 5] - Business Offenses


Operating without Business License
  • Any business operations conducted without first obtaining the correct business licensing can be given a Civil Penalty of no less than $10,000 and no more than $20,000.

Failure to Pay Fees
  • Any business that fails to pay their monthly fees set by the Department of Licensing can have a sanction imposed from Civil Penalty to Suspension of Business License. Such sanctions will depend on the severity of the offence.

Breach of a Business License
  • Any business that knowingly and willingly breaches licensing standards and policies can face Civil Penalty of no less than $3,000 and no more than $55,000.

Obstruction of Official
  • Any business that obstructs, hampers or impedes a public official in performing her or his duties could face a CIvil Penalty of no less than $15,000 and no more than $60,000. The use of suspension of business license can also be enforced until the business allows for the official member(s) to continue her or his duties.



Hereby ordered, 9th August 2017, signed:
The Governor of San Andreas