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Whenever a license is required for the maintenance, operation or conduct of any business or establishment, or for doing business or engaging in any activity or occupation, any person shall be subject to the requirements if, by himself or through an agent, employee or other related party, he holds himself forth as being engaged in the business or occupation, or solicits patronage therefor, actively or passively, or performs or attempts to perform any part of such business or occupation in the city. (1999 Code)
A. Required Information: Applications for licenses and permits required by ordinance shall be made in writing to the license official at the department unless otherwise provided by ordinance. Each application shall state the name of the business; the name of the applicant; the permit or license desired; the location to be used, if any; the time covered and the fee to be paid; the name and address of the business agent within the city who is authorized to receive service of process and any communication regarding the applicant's license via certified mail, return receipt requested; and such additional information as may be requested by the license official for the purpose of guidance of the city in issuing the permit or license. Any change in the above information furnished by the license applicant shall be forwarded to the license official in writing, within ten (10) days after the change.
B. Forms; Filing: Forms for all license and permits, and the application therefor, shall be prepared and kept on file by the license official. (1999 Code)
A. Payment Of Fee Required; Penalty Fee: Each application for a license under this title shall be accompanied by the license fee required to be paid for the issuance of the license desired. In addition to the license fee regularly assessed, any applicant that commences doing business prior to obtaining a valid license shall be assessed a penalty fee. The penalty fee shall be equal to twenty five percent (25%) of the regular license fee if the applicant has operated without a license for less than thirty (30) days, and shall be equal to one hundred percent (100%) of the regular license fee if the applicant has operated without a license for more than thirty (30) days during the fiscal year in question. The fee may be paid by cash or check made payable to the city or by a bond in favor of the city requiring payment of the license fee to the city in the event of the issuance of the license. Any license which has been issued pursuant to payment by means of a check or bond shall be void and of no force or effect if such check or bond is not honored. Applications received by the license official shall be numbered in the order of their receipt.
B. Waiver For Certain Businesses: Notwithstanding the provisions of subsection A of this section, the license official may waive the imposition of license penalty fees for:
1. New businesses which have located within the city and have not obtained a city business license; and
2. Existing businesses which have been licensed by the city and have been purchased, but the new owner has not reapplied for a city business license.
C. Conditions For Waiver: The license official may waive such penalty fees as provided in section 5.06.100 of this title only upon the following conditions:
1. The business makes application for a city business license within five (5) working days after being notified by the city that such a license is required; or the business voluntarily makes application for a business license prior to notification by the city; and
2. The business has either been located in the city for less than two (2) years or the purchase of the business occurred less than two (2) years prior to the business application.
D. When Waiver Prohibited: The license official may not, under any circumstances, waive the business license fees due the city for the current year or for prior years in which the business operated. (1999 Code)
If a license is denied for any reason, the applicant shall be entitled to a refund as per title 3, chapter 3.35 of this code. However, the city manager may, in his sole discretion, refund the entire application fee if deemed appropriate under the circumstances. (Ord. 2010-27, 12-9-2010)
Upon receipt of an application for a license or permit, where ordinances of the city require an inspection or investigation before the issuance of such permit or license, the license official or his authorized representative or such other agency, including the sheriff's office and the planning and zoning division, as these ordinances specifically empower, shall make such investigation within five (5) business days after the time the application was received by the agency or department. However, when adequate investigation requires correspondence with agencies or other sources of information outside the city, or the license applicant is not ready to be inspected, such investigation shall be completed within fifteen (15) days, or as soon thereafter as possible. The officer charged with the duty of making the investigation or inspection shall make a report thereon, favorable or otherwise, within five (5) business days after making the investigation or inspection. The city or its designee shall, for the protection of health, make or cause to be made an inspection in connection with all licenses involving the care and handling of food, the prevention of nuisances and the spread of disease. The fire department shall make or cause to be made inspections relating to the safety of buildings or other structures licensed hereunder. (1999 Code)
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