§ 115.02  PERMITS; LICENSE AND LICENSE FEE; EXCEPTIONS.
   (A)   Permits.  No person shall operate a restaurant or itinerant restaurant in the city if he does not possess a valid permit from the Health Officer.  The permit shall be posted in a conspicuous place in the restaurant or itinerant restaurant.  Only persons who comply with the applicable requirements of this chapter shall be entitled to receive and retain such a permit.  The permit for a restaurant shall be for a term of 1 year beginning January 1 and expiring December 31 of the same year and shall be renewed annually. The permit for an itinerant restaurant shall be for the term of 1 continuous operation.  Any permit issued by the Health Officer shall contain the name and address of the person to whom the permit is granted, the address of the premises for which the permit is issued and other pertinent data required by the Health Officer.
      (1)   A separate permit shall be required for each restaurant or itinerant restaurant operated or to be operated by any person.
      (2)   A permit shall be issued to any person or application after inspection and approval by the Health Officer, provided the restaurant or itinerant restaurant complies with all the applicable provisions of this chapter.
      (3)   No permit or renewal shall be denied or revoked on arbitrary or capricious grounds.
   (B)   License and license fee.  No person shall operate a restaurant in the city if he or she does not possess a valid license for the operation of the establishment.  The license shall be for a term of 1 year beginning January 1 and expiring December 31 of the same year and shall be renewed annually.
      (1)   The license shall be provided by the City Controller if there is presented at his or her office a valid permit from the Health Officer together with $12, or with $6, if the application for license is made on or after July l.
      (2)   Any person who desires to operate an itinerant restaurant in the city shall, after securing a permit from the Health Officer, obtain from the City Controller a license for an itinerant restaurant.  The license shall be provided by the City Controller if there is presented at his office a valid permit from the Health Officer, together with $3 for each day of operation, not to exceed $12 for any 1 continuous operation.
      (3)   A separate license shall be required for each restaurant or itinerant restaurant operated or to be operated by any person.
   (C)   License and fee exception.  The provisions of §§ 115.01 through 115.10 shall apply to, and a permit as described in (A) above shall be obtained for, restaurants and itinerant restaurants operated by fraternal organizations, service clubs, and religious, educational and charitable institutions.  However, no license shall be required and no license fee shall be paid for restaurants or itinerant restaurants operated by religious, educational or charitable institutions if the service rendered is confined to members of the organization and their guests.
(1979 Code, § 115.02)  (Ord. 1643, passed 12-17-1956)