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BUSINESS: Any business or industrial activity either for profit or not for profit.
CONDITIONAL BUSINESS LICENSE: A conditional business license shall, for all purposes, act as a business license, except that it shall only last until either the non-conforming business activity ceases for a period of three (3) or more consecutive days once such activity has commenced, or a change is made to the ownership of the business entity that originally petitioned and received the conditional business license.
B. Procedure: A party whose proposed business is either not covered by this title, or the existence of which would violate a provision of this title may petition the City Council for a conditional business license in the following manner:
1. Receive notification from the Director of Development Services, or his or her official designee, that the proposed business does not fall within this title, or alternatively, would violate a provision of this title if permitted;
2. Notify the Director of Development Services, or his or her official designee, that the party wishes to seek a conditional business license;
3. The Director of Development Services shall place the party on the next available City Council agenda unless the party requests a later date;
4. The party shall petition the City Council at a City Council meeting for a conditional business license;
5. A conditional business license shall be effective five (5) days after the vote, pending any veto. If a veto is overridden, the conditional business license shall be effective immediately.
C. Standard For Granting A Conditional Business License: The City Council may, by simple majority vote, grant a conditional business license to any business within its absolute discretion where it would not pose harm to the health, safety, welfare or morals of the community.
D. Remediation: Upon granting a conditional business license, the Director of Development Services or the Director's designee may, within ninety (90) days, present a proposed amendment to this Code, which would incorporate the business type or provide reasonable amendments so as to avoid the need for similar conditional business license. The City Council may approve or deny such a recommendation.
E. Relinquishment Of Conditional Business License: The recipient of a conditional business license may relinquish the license once the City Council approves an ordinance or amendment pursuant to subsection D of this section and the recipient chooses to be regulated by the newly passed Municipal Code regulation instead of the pre-existing conditional business license. A conditional business license remains valid while a recipient applies for a business license under the provisions of this section.
F. Fast Track Revocation Of Conditional Business License: The City Council may, at their sole discretion, and by being petitioned by an interested party, both revoke a conditional business license and approve a business license under an approved City Code once an applicable Code or Code amendment has been approved. Such revocation and approval may occur by way of resolution directing the City Manager and Director of Development Services to make any required clerical adjustments, or by any other appropriate means.
G. Fees: Any licensing fees shall be negotiated between the City Council and the applicant on a case by case basis. The ultimate authority on setting conditional business license fees shall rest with the City Council. (Ord. 516, 4-25-2017, eff. 5-17-2017)