(A) License required; fee.
(1) It shall be unlawful for any person, association or corporation to operate, establish or maintain a pet shop, either independently or as part of another commercial enterprise, without first obtaining an annual license therefor. The license fee for pet shops shall be fixed by the City Commission, which may from time to time increase or diminish such fee to an amount not to exceed the cost of administering this subchapter.
(2) It shall be unlawful for any person, association or corporation to operate, establish or maintain a commercial kennel without first obtaining an annual license therefor. The license fee for commercial kennels owning or keeping not more than 25 animals shall be $25, and for commercial kennels owning or keeping more than 25 animals the license fee shall be $50; provided that the City Commission may from time to time increase or diminish such fees to an amount not to exceed the cost of administering and enforcing this subchapter.
(3) No license shall be issued to any person, association or corporation for any pet shop or commercial kennel, the location of which violates the Zoning Code of the city. If any pet shop or commercial kennel is required by the Zoning Code, to meet additional standards or to obtain a special exception from the Board of Appeals of the city, no such license shall be issued until the standards of the Zoning Code have been complied with and/or the special exception has been obtained.
('72 Code, § 6-52)
(B) Term; display. Licenses issued under this subchapter shall expire on or before October 1 of each year as long as such business is carried on, unless earlier suspended or revoked, as provided herein. Each license issued under this subchapter shall be prominently displayed at all times in the establishment for which it is issued.
('72 Code, § 6-53)
(C) Renewal. The holder of any expiring license under this subchapter desiring a new annual license to be effective on the expiration of the existing license shall, not less than 30 days nor more than 60 days before the expiration of the existing license, file a written application for renewal, giving such information as is required on the form provided therefor, and pay the annual renewal fee in such amount as may be fixed from time to time by the City Commission.
('72 Code, § 6-54)
(D) Denial, revocation or suspension. The City Manager may refuse to issue or renew a license or may revoke or suspend any license issued under this subchapter if it finds that the applicant or licensee has willfully withheld or falsified any information required for a license. A license issued under this subchapter may be suspended by the City Manager upon a finding that the pet shop or commercial kennel for which the license is issued is in violation of any provision of this chapter or has engaged in fraud or willful misrepresentation in connection with the sale of animals. Any revocation, suspension or failure to renew shall be by written notice to the licensee served upon the licensee personally or by certified mail. Before any license may be revoked or suspended, the City Manager shall afford the licensee an opportunity to appear at a hearing and show cause why such license should not be revoked or suspended.
('72 Code, § 6-55)
(E) Payment of fee required; refunds. The licensee shall not be entitled to any refund of the annual fee paid for a license for any portion of the unexpired term of a license, because of revocation or suspension of the license or because of the failing of the business of the licensee. The fee for said license shall be paid into the office of the Director of the Department of Financial Services, and a receipt shall be issued to such person making the payment. The license shall not be issued until evidence of payment of the license fee is presented.
('72 Code, § 6-56)
(F) Appeals. In the event that any person is aggrieved by a denial, revocation or suspension of a license under this subchapter, such person may appeal from the action of the City Manager by filing a written request with the City Commission within ten days after service of notice of such action. Upon receiving such a request, the City Commission shall, within 30 days after the filing of such request, hold a hearing thereon, and either affirm, rescind or modify the decision of the City Manager. The City Commission may, by order, extend such period of time. Filing of an appeal shall stay suspension of a license, but shall not stay denial or revocation, unless the City Commission shall grant a stay.
('72 Code, § 6-57)
(Ord. O-75-52, passed 4-2-75; Am. Ord. O-94-06, passed 2-2-94; Am. Ord. O-96-07, passed 2-28-96) Penalty, see § 92.99