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Application for a license pursuant hereto shall be made upon a form prepared and made available by the City Clerk and shall provide:
(a) The name and main business address of the applicant.
(b) The names and main business addresses of any firm, association, or corporation of which the applicant is a division or subsidiary.
(c) The names and addresses of all owners, partners, directors, officers and resident agents of the applicant.
(d) The names and addresses of all stockholders of the applicant who own twenty-five percent (25%) or more of the applicant’s stock, or of all partners or other owners of twenty-five percent (25%) or more of the applicant.
(e) A report of the prior calendar year’s activities for the educational museum/theme park indicating:
(1) Total attendance on a daily basis;
(2) Number of vehicles parked in the Related parking areas on a daily basis;
(3) A statement of any citations which the educational museum/theme park may have received for alleged violation of any Federal, State or local law, including the disposition of such citation and current status thereof; and
(4) An annual statement of operating expenses and income prepared by an independent accounting or consulting firm.
(Ord. 2867, passed 2-14-1983)
Each year during the term of the license, as such term is set forth in the Cash Flow Agreement, the licensee shall, on or before April 1, file with the Clerk an annual report which will indicate all of the same information as required in an original application for a license filed pursuant to § 12-117 above.
(Ord. 2867, passed 2-14-1983)
Upon application for the original license hereunder, the applicant shall pay a license fee which shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code.
(Ord. 2867, passed 2-14-1983; Ord. 3402, passed 2-8-1999)
For each succeeding year during the term of this license, as the term is set forth in the Cash Flow Agreement, the licensee shall pay an annual license fee on or before April 1 of each year, which fee shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code.
(Ord. 2867, passed 2-14-1983; Ord. 3402, passed 2-8-1999)
The licensee shall be entitled to a credit against the annual license fee required hereby in the amount of any annual debt service payable by the licensee to the City pursuant to any loan of UDAG funds from the City to the licensee and in the further amount of any annual debt service payable by the licensee to the City; and/or its agents, pursuant to any loan of funds provided by a specific grant from the State of Michigan. Said credits shall be in that annual amount which is sufficient to cause repayment of the entire principal balance of the loans, together with interest thereon, within the terms thereof.
(Ord. 2867, passed 2-14-1983)
To the extent the license fee payable hereunder exceeds the sum of ten thousand dollars ($10,000.00), said excess amount shall be payable out of the cash flow of the licensee, if and to the extent available. The cash flow of the licensee shall be determined and defined pursuant to a Cash Flow Agreement between the City and the licensee, which agreement shall at all times during the term of a license granted hereunder be on file with the City Clerk. Said agreement shall provide for the length of its term and shall specify those revenues, costs and expenses of the licensee which will be utilized in determining the licensee’s cash flow.
(Ord. 2867, passed 2-14-1983)
The licensee shall maintain, throughout the term of its license, liability insurance insuring the City and the licensee with regard to all damages for which the City and/or the licensee may be liable, including, but not limited to, damages arising out of copyright or patent infringement and all other damages arising out the construction, installation, maintenance, and operation of the educational museum/theme park licensed hereby, whether or not any act or omission complained of is authorized, allowed or prohibited by this ordinance. Such liability insurance shall be in the following minimum amounts:
(a) One Million Dollars ($1,000,000.00) for bodily injury or death to any one person;
(b) Five Hundred Thousand Dollars ($500,000.00) for property damage resulting from any one incident;
(c) One Million Dollars ($1,000,000.00) for all other types of liability.
(Ord. 2867, passed 2-14-1983)
Any license granted pursuant to this article may be revoked by the City Council for any failure to meet the reporting requirements of § 12-118; or upon the violation of any other provisions of this ordinance. Said revocation shall be accomplished in the following manner.
(a) Notice of the proposed revocation and a written statement of the charges on which it is based shall be sent to the licensee’s main business address by certified or registered mail advising the licensee of the charges, the proposed revocation and the licensee’s right to a hearing.
(b) The licensee shall have thirty (30) days from the date of mailing of the Notice of Revocation to request a hearing before the City Council with respect to the proposed revocation.
(c) Upon receipt of the licensee’s request for a hearing, the City Council shall set a time and date for the hearing, such time and date being no later than thirty (30) days from the date of receipt of the licensee’s request for such hearing. Written notice of the time and place of the hearing shall be sent to the licensee’s main business address by certified or registered mail at least twenty (20) days prior to the date of such hearing.
(d) At the hearing, the City Council shall receive any and all evidence in support of the proposed revocation and the licensee shall have an opportunity to confront and cross-examine any witnesses testifying in support of said proposed revocation.
(e) After receiving all evidence in support of the proposed revocation, the City Council shall receive any and all evidence offered by the licensee in opposition to the proposed revocation.
(f) After hearing all of the evidence and the arguments of all interested parties thereon, the City Council shall, within thirty (30) days, decide whether or not to revoke said license.
(g) The licensee shall be permitted to continue its operations throughout the revocation hearings and for a period of twenty (20) days after the decision of the City Council, said twenty (20) day period being the period during which the licensee would be entitled to institute legal action in a Court of competent jurisdiction for the purposes of setting aside or reversing the decision of the City Council.
(Ord. 2867, passed 2-14-1983)
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