(a) No person shall operate a day-care facility as defined herein until such person has obtained a license from the city to operate such facility. No person shall provide care on a regular basis for two or more children, with or without compensation, except in a licensed child care facility as defined herein, or in a Type A home or other approved home or institution as defined in the ordinances of the city.
(b) A written application for permission to establish and operate a day-care facility shall be filed with the Mayor on a form prescribed by him or her. When such application for a day-care facility license has been received, the Mayor shall order the necessary inspections and investigations to determine the advisability of the issuance of the requested license, and shall report his or her findings and recommendations to the Board of Zoning Appeals. The Board of Zoning Appeals shall thereafter either approve or disapprove the application for such license. Upon approval of such application, the Mayor shall issue a license to the owner or operator of the facility for the proper type of day-care facility, listing on such license the name of the owner or operator, the address of the approved location, the type of facility licensed, the authorized average daily attendance for preschool and school age children and infants, and other pertinent information.
(c) The license for any day-care facility or Type A home shall be valid for two years after issuance. The application for renewal of a day-care facility license shall be filed with the Mayor on a form provided for such purpose not later than 60 days prior to the expiration date of the current license. The renewal of such license shall be approved or disapproved by the Board of Zoning Appeals.
(d) The Mayor shall have the power to suspend or revoke any license granted under the provisions of this chapter if any of the following conditions exists:
(1) If any false statement was made by the licensee in connection with the application of such license or in the operation pursuant to such license;
(2) If the licensee fails or refuses to comply with any provision of this chapter and with all other city ordinances and state laws applicable thereto;
(3) If the building or premises for which such license has been issued does not comply with all provisions of this chapter and of all other city ordinances and state laws applicable thereto;
(4) If the licensee has been convicted of a crime involving moral turpitude;
(5) If the licensee has engaged in unfair, unjust, inequitable or fraudulent practices;
(6) If the licensee has been determined by the Mayor to be a person unfit by reason of immoral conduct to operate such licensed premises; or
(7) If the licensee has failed to provide adequately for the physical and mental well-being of the children using the facility.
(e) The license for any day-care facility shall not be transferable.
(f) The fee for the inspection and license shall be $50 for a child care center and $25 for a Type A home. This license shall be in effect for a two-year period.
(g) (1) Annual inspections shall be done by the city agent and shall include one announced and one unannounced visit to a child care center or Type A home.
(2) Fire inspection and approval shall be obtained in the following circumstances: upon initial application for the license in division (b) above and annually.
(Ord. 60-90, passed 6-19-1990) Penalty, see § 717.99