Section
110.01 Definitions
110.02 Applications
110.03 Action on application, transfer, termination and duplicate license
110.04 Fixing license fees
110.05 Carrying or posting
110.06 Penalty for property owner
110.07 Responsibility of licensee
110.08 Conditional licenses
110.09 Renewal of licenses
110.10 Insurance requirements
110.11 License denial and fixing rates; hearing
110.12 Withholding approvals due to delinquencies or defaults
110.13 Criminal history background; applicants to city licenses
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person making an application for a license under this chapter.
APPLICATION. A form with blanks or spaces thereon, to be filled in and completed by the applicant as his or her request for a license, furnished by the city and uniformly required as a prerequisite to the consideration of the issuance of a license for a business.
BOND. A corporate surety document in the form and with the provisions acceptable and specifically approved by the City Attorney.
BUSINESS. Any activity, occupation, sale of goods or services, or transaction that is either licensed or regulated, or both licensed and regulated, by the terms and conditions of this chapter.
LICENSE. A document issued by the city to an applicant permitting him or her to carry on and transact a business.
LICENSE FEE. The money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on a business.
LICENSEE. An applicant who, pursuant to his or her application, holds a valid, current, unexpired and un-revoked license from the city for carrying on a business.
SALE, SELL and SOLD. All forms of barter and all manner or means of furnishing merchandise to persons.
(2003 Code, § 6.01)
All applications shall be made as follows.
(A) All applications shall be made at the office of the City Clerk upon forms that have been furnished by the city for those purposes.
(B) Unless otherwise provided for in this chapter, all the applications must be subscribed, sworn to and include information as the Council shall deem necessary considering the nature of the business for which license application is made.
(C) It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in the application, or any willful omission to state any information called for on the application form shall, upon discovery of the falsehood work an automatic refusal of license, or if already issued, shall render any license or permit issued pursuant thereto, void, and of no effect to protect the applicant from prosecution for violation of this chapter, or any part hereof.
(D) The City Clerk shall, upon receipt of each application completed in accordance herewith, forthwith investigate the truth of statements made therein and the moral character and business reputation of each applicant for license to the extent as he or she deems necessary. For the investigation the City Clerk may enlist the aid of the Chief of Police. The Council shall not consider an application before the investigation has been completed.
(E) Applications for renewal licenses may be made in the abbreviated form as the Council may by resolution adopt.
(2003 Code, § 6.02) Penalty, see § 10.99
(A) Granting. The Council may grant any application for the period of the remainder of the then current calendar year or for the entire ensuing license year. All applications, including proposed license periods, must be consistent with this chapter.
(B) Issuing. If an application is approved, the City Clerk shall forthwith issue a license pursuant thereto in the form prescribed by the Council, payment of the appropriate license fee, and approval of the bond or insurance as to form and surety or carrier, if required. All licenses shall be on a calendar year basis unless otherwise specified herein as to particular businesses. Except as to licenses which are specifically city-wide, licenses shall be valid only at one location and on the premises therein described.
(C) Transfer. Unless otherwise provided herein, no license shall be transferable between persons or to a different location. It is unlawful to make any transfer in violation of this division.
(D) Termination. Licenses shall terminate only by expiration or revocation.
(E) Refusal and revocation. The Council may, for any reasonable cause, refuse to grant any application, or revoke any license. No license shall be granted to a person of questionable moral character or business reputation. Before revocation of any license, the Council shall give notice to the licensee and grant the licensee opportunity to be heard. Notice to be given and the exact time of hearing shall be stated in the resolution calling for the hearing. Grounds for revocation may be, but are not limited to, any of the following: that the licensee suffered or permitted illegal acts upon licensed premises; that the licensee had knowledge of the illegal acts but failed to report the same to police; that the licensee failed or refused to cooperate fully with police in investigating such alleged illegal acts; or that the activities of the licensee created a serious danger to public health, safety or welfare.
(F) Duplicate license. Duplicates of all original licenses may be issued by the City Clerk, without action by the Council, upon licensee’s affidavit that the original has been lost, and upon payment of a fee of $2 for issuance of the duplicate. All duplicate licenses shall be clearly marked “DUPLICATE”.
(2003 Code, § 6.03)
Except as otherwise herein provided, all fees for licenses under this chapter shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such license fees may, from time to time, be amended by the Council by resolution. A copy of the resolution setting forth currently effective license fees shall be kept on file in the office of the City Clerk, and open to inspection during regular business hours. For the purpose of fixing the fees, the Council may subdivide and categorize licenses under a specific license requirement, provided, that any subdivision or categorization shall be included in the resolution authorized by this section.
(2003 Code, § 6.04)
All solicitors shall at all times when so engaged, carry their license on their person. All other licensees shall post their licenses in their place of business near the licensed activity; provided, however, that in the case of machine or other device licensing, the city may provide a sticker for the current license year which shall be affixed to each machine or device requiring the sticker. All licensees shall display their licenses upon demand by any officer or citizen.
(2003 Code, § 6.05)
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