Section
110.01 Definitions
110.02 Applications
110.03 Action on application, transfer, termination and duplicate license
110.04 Fixing license fees
110.05 Carrying or posting licenses
110.06 Penalty for property owner
110.07 Responsibility of licensee
110.08 Conditional licenses
110.09 Renewal of licenses
110.10 Insurance requirements
110.11 Worker’s compensation
For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person making an application for a license under this title.
APPLICATION. A form with blanks or spaces thereon, to be filled in and completed by the applicant as his or her request for a license, furnished by the city and uniformly required as a prerequisite to the consideration of the issuance of a license for a business.
BOND. A corporate surety document in the form and with the provisions acceptable and specifically approved by the City Attorney.
BUSINESS. Any activity, occupation, sale of goods or services, or transaction that is either licensed or regulated, or both licensed and regulated, by the terms and conditions of this title.
LICENSE. A document issued by the city to an applicant permitting him or her to carry on and transact a business.
LICENSE FEE. The money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on a business.
LICENSEE. An applicant who, pursuant to his or her application, holds a valid, current, unexpired and unrevoked license from the city for carrying on a business.
SALE, SELL and SOLD. All forms of barter and all manner or means of furnishing merchandise to persons.
(Prior Code, § 6.01)
All applications shall be made as follows.
(A) All applications shall be made at the office of the City Administrator upon forms that have been furnished by the city for such purposes.
(B) Unless otherwise provided for in this title, all applications must be subscribed, sworn to and include information as the Council deems necessary considering the nature of the business for which license application is made.
(C) It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in an application, or any willful omission to state any information called for on an application form, shall, upon discovery of the falsehood, work an automatic refusal of license, or if already issued, shall render any license or permit issued pursuant thereto, void and of no effect to protect the applicant from prosecution for violation of this title, or any part hereof.
(D) The City Administrator shall, upon receipt of each application completed in accordance herewith, forthwith investigate the truth of statements made therein and the moral character and business reputation of each applicant for license to an extent as he or she deems necessary. For the investigation, the City Administrator may enlist the aid of the Chief of Police. The Council shall not consider an application before the investigation has been completed.
(E) Applications for renewal licenses may be made in an abbreviated form as the Council may by resolution adopt.
(Prior Code, § 6.02) Penalty, see § 10.99
(A) Granting. The Council may grant any application for the period of the remainder of the then current calendar year or for the entire ensuing license year. All applications, including proposed license periods, must be consistent with this title.
(B) Issuing. If an application is approved, the City Administrator shall forthwith issue a license pursuant thereto in the form prescribed by the Council, payment of the appropriate license fee, and approval of the bond or insurance as to form and surety or carrier, if required. All licenses shall be on a calendar year basis unless otherwise specified herein as to particular businesses. Unless otherwise herein specified, license fees shall be pro-rated on the basis of one-twelfth for each calendar month or part thereof remaining in the then current license year; provided that, for licenses where the fee is less than $100, a minimum license fee equal to one-half of the annual license fee shall be charged. Except as to licenses which are specifically city-wide, licenses shall be valid only at one location and on the premises therein described.
(C) Transfer. A license shall be transferable between persons upon consent of the Council and payment of the investigation fee, if any. No license shall be transferable to a different location without prior consent of the Council and upon payment of the fee for a duplicate license. It is unlawful to make any transfer in violation of this section.
(D) Termination. Licenses shall terminate only by expiration or revocation.
(E) Refusal and revocation. The Council may, for any reasonable cause, refuse to grant any application or revoke any license. No license shall be granted to a person of questionable moral character or business reputation. Before revocation of any license, the Council shall give notice to the licensee and grant the licensee opportunity to be heard. Notice to be given and the exact time of hearing shall be stated in the resolution calling for the hearing. Grounds for revocation may be, but are not limited to, any of the following:
(1) The licensee suffered or permitted illegal acts upon licensed premises;
(2) The licensee had knowledge of the illegal acts but failed to report the same to police;
(3) The licensee failed or refused to cooperate fully with police in investigating the alleged illegal acts; or
(4) The activities of the licensee created a serious danger to public health, safety or welfare.
(F) Duplicate license. Duplicates of all original licenses may be issued by the City Administrator, without action by the Council, upon licensee’s affidavit that the original has been lost, and upon payment of a fee in an amount adopted by resolution of the Council for issuance of the duplicate. All duplicate licenses shall be clearly marked “DUPLICATE”.
(Prior Code, § 6.03)
Except as otherwise herein provided, all fees for licenses under this title shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. The license fees may, from
time to time, be amended by the Council by resolution. A copy of the resolution setting forth currently effective license fees shall be kept on file in the office of the City Administrator and open to inspection during regular business hours. For the purpose of fixing the fees, the Council may subdivide and categorize licenses under a specific license requirement; provided that, any subdivision or categorization shall be included in the resolution authorized by this section.
(Prior Code, § 6.04)
(A) All solicitors shall, at all times when so engaged, carry their license on their persons.
(B) All other licensees shall post their licenses in their place of business near the licensed activity; provided, however, that, in the case of machine or other device licensing, the city may provide a sticker for the current license year which shall be affixed to each machine or device requiring the sticker.
(C) All licensees shall display their licenses upon demand by any officer or citizen.
(Prior Code, § 6.05)
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