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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)
After receipt of an application for a license, such application shall be submitted to the mayor at the next regular meeting, unless, in the opinion of the license official, or where city ordinances necessitate, the application is or should be referred to the sheriff, fire department or other appropriate official or body for investigation. (1999 Code)
As soon as practical, the license official, in his discretion, may refer the application for additional investigation to the fire department, sheriff, or other official or body for the purpose of investigation and inspection concerning the general reputation of the licensee, whether such place is or has been conducted in a lawful, quiet, orderly and helpful manner, and the conditions of health and safety of such premises, together with any other fact or facts that the mayor should know in acting upon the application. (1999 Code)
Upon being requested to do so by the mayor or the license official, the sheriff, fire department, or any other official or department so requested, shall conduct the investigation and inspection provided for in this chapter and submit to the mayor or license official a report on such investigation and inspection, together with recommendations as to whether the license should be granted or denied. (1999 Code)
After receipt of the referenced reports and recommendations of the license official, sheriff, fire department or other official or body, the mayor shall act upon the application as he shall deem just and proper in regard to granting or denying the same, and may order further information or investigation if such appears necessary. (1999 Code)
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