(A) Submission of application; required information. The applicant shall submit an application not less than 60 days prior to the proposed commencement of the business, under oath, on a form to be provided by the City Clerk, which application shall disclose the pertinent information about the applicant, his or her proposed business location, facilities, maximum capacity to be admitted, business history, and responsibility, as the Clerk may require, and shall be accompanied by the following:
(1) Evidence of insurance. Evidence that the applicant has obtained public liability insurance with limits of not less than $1,000,000/$3,000,000 and property damage insurance with a limit of not less than $25,000 from a company or companies approved by the State Commissioner of Insurance, which insurance shall insure the applicant, his or her employees, and agents against liability for death or injury to persons or damages to property which may result from the conduct of the licensed business, which policy shall remain in full force and effect in the specified amounts during the term of the license. The evidence of insurance shall include an endorsement to notify the City Clerk, in writing, at least ten days before the expiration or cancellation of the policy;
(2) Bond. A corporate surety bond in the amount of $10,000 in a form to be approved by the City Attorney, conditioned upon applicants’ faithful compliance with all of the terms and provisions of this subchapter, and all applicable provisions of other city ordinances, county ordinances, and state statutes;
(3) License fee. A license fee of $25 for a business, the approved capacity of which does not exceed 500 persons, and an additional license fee of $25 for each additional 1,000 persons or fraction thereof to be admitted to licensee’s place of business per day of operation; and
(4) Designation of agent. If the applicant is not a resident of or a corporation licensed to conduct business by the state, he or she shall designate an agent located in the state for acceptance of service of process.
(B) Referring of application to appropriate officials. The Clerk may refer the application to the City Building Inspector, the City Police Chief, the County Health Department, the State Fire Marshal, and any other public officials as he or she may deem appropriate.
(C) Presentation of application and other data to Council for approval or denial. The application, supporting data, and reports of governmental officials shall then be presented to the City Council. In passing on the application, the Council shall determine whether or not the proposed business meets the requirements of this subchapter, other applicable city ordinances, other county ordinances, and applicable state statutes and shall approve or deny the license accordingly. If the license is denied, the basis for denial shall be specified in the resolution of denial.
(D) Advertisement of business prior to issuance; basis for denial. Advertising of the applicant’s proposed business prior to the issuance of a license by the city shall constitute a violation of this chapter by the applicant and shall constitute a basis for the denial of the license.
(E) Expense of police service. Based upon the maximum number of persons to be admitted to the licensee’s place of business per day, as disclosed in the application, if the number exceeds 499 persons, and if the City Council, in its discretion, determines that the public safety and welfare make it desirable that police personnel be assigned to the vicinity of the licensee’s place of business, the applicant shall be charged for the actual expense in providing the police service to the extent of two officers for the first 500 persons and one additional officer for each additional 200 persons.
(1995 Code, § 10-34) (Ord. 48, passed 5-18-1970)