(A) Purpose. The purpose of this section shall be to generate General Fund revenue to offset the cost of enforcing existing city ordinances and regulate business activity as it relates to zoning, permits, income tax, property tax, and the like.
(B) License required.
(1) Generally. All persons who conduct, engage in, maintain, operate, carry on, or manage a business for which a license is not otherwise required under any other provisions of this code shall be required to obtain a general business license for said business. A separate license shall be required for each separate place of business. A business shall include, but not be limited to, for profit businesses and not for profit businesses.
(2) Exceptions.
(a) Churches;
(b) Public libraries;
(c) Schools (public, parochial and charter, K-12); and
(d) Government offices or operations.
(C) Application. An application for a license required by this code shall be made in writing on a form prescribed by the City Clerk. Each application shall contain any information as may be required to determine whether a license should be issued.
(D) Issuance of license. The City Clerk shall issue the license pursuant to the application if:
(1) The appropriate fees have been paid according to the fee schedule as set by City Council and available in the City Clerk’s Office;
(2) The Planning and Development Divisions have approved the use of said parcel for the requested use;
(3) There are no outstanding building code violations;
(4) There are no outstanding fire code violations; and
(5) All current and past due fees and/or fines associated with the property or applicant have been paid or arrangements have been made to pay, including, but not limited to:
(a) Permit fees;
(b) Zoning fees;
(c) Water or sewer services;
(d) Engineering fees;
(e) False alarm fees;
(f) Property tax (real and personal); and
(g) Income tax.
(6) Exception. An applicant shall not be denied a license if neither the applicant, nor any business in which the applicant has an interest, is responsible for the above-referenced fees and/or fines. As used in this division (D)(6), the term business shall include sole proprietorships acting under an assumed name, partnerships, corporations, and limited liability companies.
(E) Term of license, renewal. All licenses provided in this section shall expire on May 30 following the date of issuance.
(F) License fees.
(1) Fees; generally. Fees shall be established by City Council and listed in the Office of the City Clerk.
(2) Late payment penalty. An additional late charge of 50% of the base fee shall be incurred as a result of the following:
(a) Failure to obtain a business license within 15 days from the effective date of the ordinance or any applicable amendment;
(b) Failure to obtain a business license within 15 days of commencement of a business; or
(c) Failure to renew a business license by the license expiration.
(G) Regulations.
(1) No license shall be assigned, sold, or transferred, nor shall any license authorize any person other than the applicant to conduct business under such license.
(2) The applicant or licensee shall have a duty to notify the City Clerk of any changes in the information contained in an application which is pending or which was the basis for the issuance of a license.
(3) All licenses shall be prominently displayed on the business premises at all times.
(4) No person shall add to, alter, deface, forge, or counterfeit any license which is required under this section.
(5) All licensees shall comply with all applicable city, state, and federal laws.
(H) Suspension and revocation. In addition to any other penalty provided for in this code or other city ordinances, the City Clerk may suspend or revoke any license issued pursuant to this section for:
(1) Failure to comply with any provisions of this chapter and any applicable ordinances; and
(2) Failure to allow required inspection. The City Clerk shall notify the licensee that his or her license has been suspended or revoked and the reason for said suspension or revocation. Notification may be made by first-class mail and shall state that the licensee has the right to appeal the suspension or revocation provided the appeal is made in writing to the City Clerk within ten days of notification. Upon receipt of the written appeal the City Clerk shall proceed with scheduling an appeal hearing as provided for in divisions (I) and (J) below.
(I) Notice of hearing. Notice of the above described hearing shall be served on the licensee by first-class mail and posting at the location of the licensed business not less than five days before the date of said hearing.
(J) Hearings. The hearing shall be conducted by the Chief Inspector or his or her designee affording the licensee an opportunity to appear and defend the charges. The Chief Inspector shall make a final decision in writing, including the reasons for such decision and shall serve said decision on the licensee within ten days after conclusion of the hearing.
(K) Summary suspension. Where the Chief Inspector presents to the City Manager sufficient evidence demonstrating probable cause to believe that the licensee has violated the provisions of this code or the laws of the United States or the state, and that said violation will immediately threaten the public health, safety, or welfare, the City Manager may, upon the issuance of a written order stating the reason for such conclusion and without prior notice or hearing, order the licensed premises closed and the license summarily suspended pending a public hearing and determination on suspension or revocation. Said hearing shall be commenced not more than 17 days following entry of such an order, unless the licensee shall agree to a longer period of time. Upon entry of an order of summary suspension, the licensee shall be served with a copy of the order and notice of violation and hearing in the manner provided in this section.
(L) Penalties and remedies. In addition to any other penalty or remedy provided for in this code, or other city ordinances, the City Clerk shall have the authority to take the following actions against any business which fails to obtain or renew a business license:
(1) Cause to be issued a Class C civil infraction citation. A separate offense shall be deemed committed for each day that a violation occurs; and
(2) Use whatever means necessary to cause said business to cease operations at its location reasonable and proportional to the manner, length, and circumstances surrounding the business’ failure to renew or obtain a license, with reasonable costs of same charged to the business owner. Upon restoration or renewal of the business’ license and the satisfaction of any outstanding fees, fines, or costs incurred by the city for actions taken as provided herein, the business owner shall notify the city, in writing, of the date they again commence operations.
(M) Severability. The provisions of this section shall be interpreted so as not to be in conflict with the laws of the state or any other limitations imposed by law. In the event, however, that any section, provision, sentence, or clause of this section is declared unconstitutional by a court of competent jurisdiction, that determination will not affect the other remaining provisions of this section.
(Prior Code, § 110.34) (Ord. O-156, passed 2-17-2014, effective 2-27-2014; Ord. O-205, passed 1-7-2019, effective 1-17-2019) Penalty, see § 110.99