(A) License required; exception. It is unlawful for any person, firm, or corporation to store, install, distribute, or deliver, within the city any liquefied petroleum gases over 100 pounds, as defined in § 92.035, whether said liquefied petroleum gases are in bottled containers or in bulk; distributed and delivered by or from any tank wagon, truck, or vehicle operated within the city, and upon any public street or public way of the city; without first procuring a license therefor as required in this subchapter; provided, however, that the license required shall not be imposed upon any public utility holding a franchise with the city to engage in the business of supplying natural or artificial gas to residents in the city. In B-1 and M-1 zoning districts, any tank greater than 100 pounds shall be enclosed with a six-foot high locking fence, and said tanks shall be licensed by the city.
(1978 Code, § 8.12.020)
(B) License; fee.
(1) The annual license fee required for every person, firm, or corporation under the provisions of this subchapter shall entitle the licensee to operate within the city and over the public streets or public ways, wagons, trucks, or vehicle for the handling, distribution, or delivery of liquefied petroleum gases as defined in this subchapter.
(2) Temporary licenses for construction or emergencies may be permitted when approved by the Mayor and City Utilities Superintendent.
(1978 Code, § 8.12.030)
(C) License; application requirements; standard for compliance. Application for such licenses shall be made to the City Clerk, and shall state the name and address of the person, firm, or corporation desiring to obtain a license; the type of the liquefied petroleum gases to be handled, installed, distributed or delivered; and an express agreement with the city, that if a license shall be granted upon such application, the applicant will comply with all of the standards of the National Fire Protection Association NFPA 58, Standard for the Storage and Handling of Liquefied Petroleum Gases 2002 Edition, as the same may be changed, altered, or amended from time to time.
(1978 Code, § 8.12.040)
(D) License; issuance conditions. No person, firm, or corporation shall be entitled to a license hereunder, unless with his or her application for license, he or she shall agree with the city to comply with all of the standards of the National Fire Protection Association for the design, installation, and construction of containers and pertinent equipment for the storage and handling of liquefied petroleum gases, as the same shall be embodied in NFPA 58 by the National Fire Protection Association, Standard for the Storage and Handling of Liquefied Petroleum Gases, and as the same may be amended, changed, or altered from time to time, and provided further, that the applicant for such license, as is herein provided for, shall make and show proof of financial responsibility to the satisfaction of the issuing officials of such license, and shall also show proof of insurance.
(1978 Code, § 8.12.050)
(E) License; City Council to determine application; approval procedure.
(1) Upon the receipt of a license application, the City Clerk shall immediately notify the City Council of such application, and it shall be the duty of the City Council to ascertain and determine whether the applicant shall be equipped to comply with the standards of NFPA 58 aforesaid, in the storage, installation, handling, distribution, and delivery of the liquefied petroleum gases.
(2) It shall be the duty of the City Council to ascertain and determine, in the event that the applicant intends to store liquefied petroleum gases within the city, whether the location and construction or maintenance of said storage facilities shall be in compliance with the ordinance of the city relating to buildings under the building code, and relating to zoning requirements under the zoning ordinance, and any other ordinances of the city regarding the handling, storage, installation, distribution, and delivery of liquefied petroleum gases within the city which are or may be adopted from time to time.
(3) In the event that a favorable report is made by the City Council or inspector for the City Council, then the City Clerk, upon the payment by the applicant of the license fee required in this subchapter to the City Treasurer, shall forthwith issue a license to said applicant, and the licensee shall hold such license subject to the terms of this subchapter. The period covered by the license shall be from March l of the particular year to February 28 of the following year. (1978 Code, § 8.12.070)
(Ord. 282, passed - -1952; Ord. 2004-3, passed - -2004; Ord. 2017-3, passed 7-6-2017) Penalty, see § 92.999