(A) (1) No person shall for consideration, trade, barter or sell at retail any cut evergreen, fir, spruce or other tree for use as a decorative Christmas tree without a license issued pursuant to the provisions of this chapter.
(2) No person shall be licensed to operate an open sales lot pursuant to this section unless such applicant has first obtained a conditional use permit to operate such a lot.
(B) Licenses shall be issued for a period of three months commencing on October 1 of each year and expiring on December 31 of each year, notwithstanding § 5.103(A)(1) of this code.
(C) The City Council may refer the application to the Fire Chief for recommendation prior to taking action on the license application.
(D) Prior to the issuance of a license by the Clerk, the license applicant shall deposit with the city such sum as is set by resolution of the City Council. The Fire Chief shall inspect the licensed premises to determine whether the premises have been cleaned up and no public nuisance, as defined by this code, remains on the site.
(1) If a public nuisance is present, as determined by the Fire Chief, said official shall notify the licensee to have the nuisance abated no later than December 31.
(2) After December 31, the city may abate the public nuisance and deduct the cost of abatement from the deposit.
(3) On January 15, the city shall refund the deposit to the licensee, or any remaining part of said deposit, and shall provide a statement of any public expense incurred for the nuisance abatement.
(E) Licensees shall post “No Smoking” signs throughout the lot in such places as are designated by the Fire Chief. Said signs shall be maintained in the designated locations until all trees have been removed from the lot.
(F) Before a conditional use permit is issued, the license applicant must submit a site/plot plan showing the intended location of trees within the lot. The plan shall provide not less than four feet clearance around the perimeter of the lot and at all points across each aisle. No license shall be granted hereunder unless the said plan is first approved by the Fire Chief. The licensee shall maintain the lot at all times in accordance with the approved site plan.
(G) Each licensee must have on the licensed premises at all times one properly operating Class ABC fire extinguisher.
(`77 Code, § 5.206) (Am. Ord. 1074, passed 2-13-84; Am. Ord. 1377, passed 10-12-98) Penalty, see § 5.701