Loading...
ARTICLE I. - IN GENERAL
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Distributor equipment shall mean any mechanical amusement device or any mechanically operated device which shall dispense food, tobacco or beverages.
(Ord. No. 81-25, § 1, 6-2-81)
Cross reference— Definitions and rules of construction generally, § 1-2.
It shall be unlawful for any person to engage in or conduct a business, trade or other activity, or operate a vehicle requiring a license under any law or ordinance of the city unless such business, trade, activity or vehicle shall have been licensed according to the provisions of this chapter. It shall be unlawful for any licensee to engage in or continue to conduct a business, trade, activity or continue to operate a vehicle requiring a license during the time that his license has been revoked or suspended.
(Ord. No. 81-25, § 2, 6-2-81)
(a) Every person required to secure a license under the provisions of any law or ordinance of the city shall submit an application for such license to the city clerk upon forms provided for that purpose by the clerk. The application should include but should not be limited to the following information:
(1) Name of applicant.
(2) Residence address of applicant.
(3) Mailing address if requested.
(4) Telephone number of applicant.
(5) Telephone number of one other responsible party.
(6) Email address of applicant.
(7) Name of business to be licensed.
(8) Address of business to be licensed.
(9) Type of business.
(10) Quantities (number of rooms, number of seats, etc.).
(11) Brief statement about how the business will operate or the nature of the business.
(b) All buildings wherein a licensed business is conducted shall be inspected annually, and the issuance of a license for a business or activity specified in this chapter shall not relieve the licensee or owner of any such building from the responsibility of complying with the provisions of any other law or ordinance pertaining to such buildings including, but not limited to, the issuance of a certificate of occupancy. Any department or division may charge a fee for inspecting any commercial building, such fee to be separate and in addition to any license fee specified in this chapter.
(Ord. No. 81-25, § 3, 6-2-81; Ord. No. 05-1040, 6-6-05; Ord. No. 22-1724, - - )
(a) In all cases where the certification of the police chief is required prior to the issuance of any license by the city clerk, such certification shall be based upon a finding that the person making application for such license is of good moral character.
(b) The phrase "good moral character," when used in this chapter for the purpose of licensing, shall be construed to mean the propensity on the part of the person to serve the public in the licensed area in a fair, honest and open manner.
(c) A judgment of guilt in a criminal prosecution or a judgment in a civil action shall not be used, in and of itself, as proof of a person's lack of good moral character. It may be used as evidence in the determination, and, when so used, the person shall be notified and shall be permitted to rebut the evidence by showing that at the current time he has the ability and is likely to serve the public in a fair, honest and open manner, that he is rehabilitated, or that the substance of the former offense is not reasonably related to the occupation or profession for which he seeks to be licensed.
(d) The following criminal records shall not be used, examined or requested by the city in a determination of good moral character:
(1) Records of an arrest not followed by a conviction.
(2) Records of a conviction which has been reversed or vacated, including the arrest records relevant to that conviction.
(3) Records of an arrest or conviction for a misdemeanor or a felony unrelated to the person's likelihood to serve the public in a fair, honest and open manner.
(4) Records of an arrest or conviction for a misdemeanor for the conviction of which a person may not be incarcerated in a jail or prison.
(e) When a person is found to be unqualified for a license because of a lack of good moral character, or similar criteria, the person shall be furnished by the city clerk with a statement to that effect. The statement shall contain a complete record of the evidence upon which the determination was based. The person shall be entitled, as of right, to a rehearing on the issue before the council if he has relevant evidence not previously considered regarding his qualifications.
This section shall not bar the use by the city in its determination of a person's fitness, of any other public record, not related to arrest or prosecution, or of any other source of unbiased and accurate information.
State Law reference— Similar provisions, MCL 338.41 et seq., MSA 18.1208(1) et seq.
Loading...