(A) It shall be the duty of the City Clerk, or his or her deputy, to prepare and issue a license under this chapter for every person required to pay a license fee hereunder, and to state in each license the amount thereof, the period of time covered thereby, the name of the person for whom issued, the trade, business, game or amusement, calling, profession or occupation licensed, and the location or place of business where the trade, business, game or amusement, calling, profession or occupation is to be practiced, transacted, or carried on.
(B) It shall be the duty of the City Clerk, or his or her deputy, before issuing a license under this chapter to require from every applicant a sworn application on a form to be furnished by the City Clerk which shall give the following information: business trade name, location of business, business mailing address, business owner, home street address, home telephone number, business telephone number, exact nature of business, number of employees, date business began in the city, signature of applicant certifying his or her statements are true and correct and title of applicant.
(C) (1) If the business is to be located within the city limits, a zoning compliance certificate must be obtained from the Building Department of the city before a license can be issued. Upon verification by the Building Department that the business is in the approved zoning, the City Clerk may issue a license to the applicant before the formal zoning compliance certificate is approved by the Building Official and Fire Inspector, and that the determination from the Building Department and Fire Inspector concerning the zoning compliance certificate be forthcoming in a period not to exceed five business days.
(2) Exceptions. A zoning compliance certificate shall not be required for the following:
(a) The renewal of a business license by the original holder of the license for the same use at the same location.
(b) The issuance of a new business license for a use permitted within a commercial building or shopping center developed and constructed in conformance with a site plan approved by the city.
(c) Business is located outside the limits of the city.
(D) (1) The term “exhibitions” as used in this section shall be held to mean and include circuses, menageries, carnivals, side shows, and other similar amusement enterprises which are open to the public. The term "carnival" as used herein shall mean and include rides, merry-go-rounds, booths for the conduct of games of skill, food dispensing facilities, and side shows.
(2) It shall be unlawful to commence any exhibitions or carnivals until a zoning compliance certificate (ZCC) for the activity has been issued by the Zoning Administrator. The exemptions listed in § 110.04 of this chapter pertaining to business licenses, do not apply to these requirements for a zoning compliance certificate for exhibitions and carnivals.
(3) In addition to other requirements set forth in this chapter, the applicant shall, at the time of application for the zoning compliance certificate, furnish evidence of compliance with the following conditions:
(a) A plot plan shall be submitted showing:
1. Dimensions, shape, and area of site.
2. Location, size, and shape of all proposed buildings and structures;
3. Location and alignment of all abutting streets;
4. Location of all entrances and exits and design of parking, loading, and traffic handling facilities and methods, to include traffic control.
(b) It shall be unlawful to conduct or operate an exhibition or carnival without first having submitted written approval from the property owner for this type of use of the land. The applicant shall also provide an agreement with the property owner that the applicant shall be responsible for clean-up of the land used for this activity.
(c) No license shall be issued for conducting an exhibition or carnival until the applicant has placed on file with the City Clerk a certificate of insurance indicating that there is in effect public liability insurance covering any damages arising out of the use and operation of any and all devices and facilities operated in connection with the carnival or exhibition. The insurance shall be in the minimum amount of $1,000,000 for each person, and $4,000,000 for each incident, and shall include the city as a coinsured.
(d) The applicant shall provide affidavit of the dates the tents were last treated with flame-retardant solution.
(e) The applicant shall, prior to the use or explosion of pyrotechnics, furnish a bond or certificate of insurance for the amount of $4,000,000 and include the city as a coinsured.
(4) The city will require an electrical inspector's approval of compliance with the National Electrical Code article concerning temporary wiring.
(5) The applicant shall provide a portable, 20 ABC fire extinguisher at each generator and each food preparation area.
(6) The applicant shall provide a minimum of two portable sanitation facilities on the property or alternate provisions suitable to the Zoning Administrator.
(7) Advertising signs shall be limited to one square foot for each five linear feet of primary lot frontage not to exceed 50 square feet in area or exceed 20 feet in height. All signs shall be removed not later than 24 hours following the end of the activity. These signs are in addition to those normally appearing on the rides, vehicles, or concessions.
(8) Exhibitions and carnivals conducted by the city are exempt.
(9) All structures, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required shall be maintained. The owner or his or her designated agent shall be responsible for the maintenance of all structures.
(10) The Building Official, or his or her authorized representative charged with the enforcement of this division, acting in good faith and without malice in the discharge of his or her duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his or her duties. Any suit brought against the Building Official or employee because of the act or omission performed by him or her in the enforcement of any provision of this division shall be defended by this jurisdiction until final termination of the proceedings, and any judgment resulting therefrom shall be assumed by this jurisdiction provided the official or employee acted in good faith and without malice.
(11) This division shall not be construed to relieve from or lessen the responsibility of any person owning, operating, or controlling any structure for any damages to persons or property caused by defects, nor shall the enforcement agency or its parent jurisdiction be held as assuming any liability by reason of the inspections authorized by this division or any certificates of inspection issued under this division.
(E) All license fees shall be paid only in lawful money of the United States. There is hereby fixed the following license fees:
Application Fee: $100.00
Annual Renewal: $100.00 per year (Effective 2014 License Year)
Annual Renewal: $50.00 per year (Effective 2015 License Year)
No greater or lesser amount of license fee shall be charged or received for any license issued hereunder than is provided for in this chapter. No license shall be issued for any period of time other than as provided in this chapter.
('76 Code,§§ 8-1-2, 8-1-3) (Ord. 371, passed 4-13-78; Am. Ord. 844, passed 8-10-89; Am. Ord. 873, passed 12-13-90; Am. Ord. 899, passed 3-26-92; Am. Ord. 1001, passed 2-22-96; Am. Ord. 1081, passed 11-12-98; Am. Ord. 2003-015, passed 7-28-03; Am. Ord. 2014-003, passed 1-23-14) Penalty, see § 10.99