2019 US Virgin Islands Code
Title 27 - Professions and Occupations
Chapter 9 - Licensing of Businesses and Occupations
Subchapter I - General Provisions
§ 304. Denial, revocation or suspension of licenses; hearing; appeal

(a) The Commissioner, after notice and hearing, may refuse to issue, or may revoke or suspend a license for any one or any combination of the following causes:

• (1) Where fraud or deceit has been perpetrated in the application.

• (2) Where the Commissioner finds that because of the moral character or previous misconduct of the applicant or licensee, relevant to the conduct of the business or occupation for which the license is sought or has been granted, such applicant or licensee is not a suitable or fit person and the denial, revocation or suspension of the license is accordingly necessary to protect the public welfare, health, morals or safety.

• (3) Where the licensee allows, permits or suffers on the licensed place or business any improper or wrongful behavior of a substantial character and of public concern.

• (4) Where the licensee has violated or breached any term or condition of the license as established under the provisions of subsection (b), section 303 of this chapter.

• (5) Where the Commissioner finds that the applicant or licensee has willfully claimed an exemption from any excise tax, gross receipts tax or customs duty, knowing such claim to be false.

• (6) Where the licensee has failed to comply with section 303b of this chapter.

• (7) Where the applicant has failed to comply with the provisions of title 13, section 533(e) of this Code.

• (8) Where the licensee fails to comply with title 19 V.I.C., chapter 53a.

(b) The provisions of subsection (a) of this section shall be applicable to each member, officer, or employee of a partnership or corporation who is to exercise the powers conferred by the license and to the manager or operator of a place of business, licensed under the provisions of this chapter.

(c) A written notice stating the nature of the causes constituting the basis for the determination to deny, revoke or suspend the license and the time and place of the hearing shall be served on the applicant or licensee not less than thirty days prior to the date of the hearing either personally or by mailing a copy thereof by registered mail to the last known address of the applicant or licensee.

(d) If, after having been served with the notice of hearing as provided in subsection (c) of this section, the applicant or licensee fails to appear at said hearing and defend, the Commissioner may proceed to hear evidence against him and may enter such order as may be justified by the evidence, which order shall be final unless he petitions for a review thereof as provided in this section; Provided, however, That within 30 days from the date of any order, upon a showing of good cause for failure to appear and defend, the Commissioner may reopen the proceedings and may permit the applicant or licensee to submit evidence in his behalf.

(e) At any hearing the applicant or licensee may appear in person any by counsel, produce witnesses and evidence in his own behalf, cross examine witnesses and examine such evidence as may be produced against him. The applicant or licensee shall be entitled, on application to the Commissioner, to the issuance of subpoenas to compel the attendance of witnesses on his behalf.

(f) The Commissioner may issue subpoenas to compel the attendance of witnesses and the production of documents and may administer oaths, take testimony, hear proofs and receive exhibits in evidence. In case of disobedience to a subpoena the Commissioner may invoke the aid of any court of the Virgin Islands in requiring the attendance and testimony of witnesses and the production of documentary evidence.

(g) A stenographic record of the hearing shall be kept and a transcript thereof filed in the Department of Finance.

(h) At all hearings the Attorney General or an Assistant Attorney General shall appear and represent the Commissioner.

(i) Any person adversely affected by any order of the Commissioner may obtain a review thereof by filing a written petition for review with the Superior Court within 30 days after the entry of said order. The petition shall state the grounds upon which review is asked and shall pray that the order of the Commissioner be modified or set aside in whole or in part. A copy of such petition shall be forthwith served upon the Commissioner and within 15 days the Commissioner shall certify and file in the court a transcript of the record upon which the order complained of was entered. A copy of such transcript shall also be furnished at the time of such filing to the appellant. Upon such review the findings of the Commissioner, if supported by substantial evidence, shall be conclusive.

(j) The Commissioner shall not issue or renew a license to do business to any person who fails to present at the time of application for said license or renewal affidavits signed by an authorized officer of the Virgin Islands Bureau of Internal Revenue and the Division of Corporation and Trademarks, Office of the Lieutenant Governor affirming that said applicant has filed and paid all taxes, penalties and interest applicable to said business including a certification from the corporate division of the Lieutenant Governor's office that all franchise taxes have been paid, or has satisfactorily made agreement to pay the same. However, the proprietor of a new business who is applying to the Department for a business license for the first time and who is not the proprietor, partner or principal in any other business or a Film or Music Recording Company certified by the Commissioner of Tourism, is not required to obtain from the Virgin Islands Bureau of Internal Revenue and the Division of Corporate and Trademarks, an affidavit certifying the payment of taxes, penalties and interest.

(k) The Commissioner shall, after ten (10) days' notice, revoke any license of a person who fails to file and pay all taxes, penalties and interest due to the Virgin Islands Bureau of Internal Revenue and the Division of Corporations and Trademarks, Office of the Lieutenant Governor in connection with the operation of his business activities, or who has not made a satisfactory agreement to pay the same.