(A) Licenses or license renewals under this chapter will be subject to the below named conditions:
(1) The term of every license shall be no longer than one year, to commence on January 1, or the date of issuance, and expire on December 31, except where otherwise provided hereinafter. Licenses shall be renewed each year in the same manner and subject to the same conditions as the initial license application.
(2) The location of any licensed business, trade or profession may only be changed upon authorization of the City Council, unless otherwise provided by this chapter. Application for transfer of location shall be made to the Clerk and processed in the same manner as an initial license application.
(3) Licenses are not transferable from the named licensee to any other person. A license transfer shall be treated as a new license application and application requirements shall be imposed as provided by this chapter.
(4) Every license issued pursuant to this chapter shall be conspicuously posted at the location or premises of the licensed activity, or carried by a licensee engaged in a mobile business, trade or occupation and displayed on demand.
(B) The licensee or license applicant shall consent to a lawful inspection of the licensed premise or premises that are proposed for a licensed activity or business, where such an inspection is authorized by this chapter.
(1) This provision shall not abrogate or modify any superior right under law of an owner or person in possession of the premises to withhold consent to such an inspection where such owner or person is not the licensee or license applicant.
(2) The City Council may waive the requirement for an inspection where withholding of consent to such inspection is beyond the control of the license applicant.
(C) No license shall be issued or renewed for any business, trade, occupation or business activity where such licensed activity would result in a violation of the zoning ordinance at the proposed location.
(D) The Council may deny license approval where an unfavorable inspection report has been made by the inspecting official. No license shall be issued or renewed to any applicant who has refused to grant consent to an administrative inspection authorized by this chapter, unless such inspection has been waived pursuant to division (B)(2) of this section.
(E) License fees shall be established by resolution of the City Council and may be amended from time to time. Fees shall be paid in full to the License Clerk upon license application unless specifically provided otherwise herein.
(1) Fees shall not be prorated unless specifically authorized herein, or by City Council resolution, and are not refundable for any reason, including license revocation, suspension, denial or termination of the licensed activity.
(2) On application to the City Council, fee requirements may be waived only for good cause under such circumstances whereby the regulatory purposes of this chapter will not be defeated, and the license applicant is a non-profit, charitable organization as defined by Section 501(c)(3) of the Internal Revenue Code, as amended.
(F) In considering distances to churches or public school buildings, such distances shall be measured in a straight line from the nearest point of the building in which the licensed business is located, or is proposed to be located, to the nearest point of the church or public school building.
(G) A public school building shall include any public or private elementary or secondary school regularly attended on a full-time basis by students under the age of 19 years.
(`77 Code, § 5.103) (Am. Ord. 1228, passed 7-8-91; Am. Ord. 1377, passed 10-12-98)