TITLE 3
BUSINESS AND LICENSE REGULATIONS
CHAPTER 1
GENERAL LICENSING PROVISIONS
SECTION:
3-1-1: Licensing Requirements
3-1-2: Applications For Licenses
3-1-3: Investigation Of Applicant; Inspection Of Premises
3-1-4: Building And Premises Requirements
3-1-5: Payment Of Fees
3-1-6: Signatures On Licenses And Permits
3-1-7: Vehicle Tags
3-1-8: Posting License
3-1-9: Inspections
3-1-10: Nuisances
3-1-11: Change Of Location
3-1-12: Termination Of Licenses
3-1-13: Revocation Of License
3-1-14: Appeal Procedure
3-1-15: Penalties
3-1-1: LICENSING REQUIREMENTS:
Whenever in this code a license is required for the maintenance, operation or conduct of any business or establishment, or for doing business or engaging in any activity or occupation, any person shall be subject to the requirement if by himself or through an agent, employee or partner, he holds himself forth as being engaged in the business or occupation or solicits patronage therefor, actively or passively, or performs or attempts to perform any part of such business or occupation in the city. (1988 Code §10.102)
3-1-2: APPLICATIONS FOR LICENSES:
Applications for all licenses and permits required by ordinance shall be made, in writing, to the city clerk on forms providing such information as is required by such officer, in the absence of provisions to the contrary. (1988 Code §10.101)
3-1-3: INVESTIGATION OF APPLICANT; INSPECTION OF PREMISES:
Upon receipt of an application for a license or permit where ordinances of the city require an inspection or investigation before the issuance of such permit or license, the city clerk shall refer such application to the proper officer for making such inspection or investigation. Unless otherwise provided, all inspections shall be made by the city engineer and all investigations conducted by the chief of police or some other officer designated by the mayor. (1988 Code §10.104)
3-1-4: BUILDING AND PREMISES REQUIREMENTS:
No license shall be issued for the conduct of any business and no permit shall be issued for any thing or act if the premises and buildings to be used for the purpose do not fully comply with the requirements of the city. No such license or permit shall be issued for the conduct of any business or performance of any act which would involve a violation of the zoning ordinance of the city. (1988 Code §10.107)
3-1-5: PAYMENT OF FEES:
In the absence of provisions to the contrary, all fees and charges for licenses or permits shall be paid in advance at the time that the application therefor is made to the city clerk. All fees for investigations shall be delivered to the city clerk payable to the city or the investigation service provider, as the case may be, at the time the license application is submitted. (Ord. 2002.67, 1-6-2003)
3-1-6: SIGNATURES ON LICENSES AND PERMITS:
Each license or permit issued shall bear the signatures of the city clerk and/or the building commissioner/zoning officer. (1988 Code §10.103; amd. 1994 Code)
3-1-7: VEHICLE TAGS:
Whenever the number of vehicles used is the basis of a license fee, the city clerk shall furnish each licensee with a tag or sticker which shall be posted in a conspicuous place on each such vehicle while it is in use. (1988 Code §10.113)
3-1-8: POSTING LICENSE:
It shall be the duty of any person conducting a licensed business in the city to keep his license posted in a prominent place on the premises used for such business at all times. (1988 Code §10.112)
3-1-9: INSPECTIONS:
   A.   Right Of Entry: Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required by ordinance or are reasonably necessary to secure compliance with any code provision or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to be inspected, to admit thereto for the purpose of making the inspection any officer or employee of the city who is authorized or directed to make such inspection at any reasonable time that admission is requested upon proper presentation of identification and legal authorization as required by law.
   B.   Submittal Of Samples: Whenever an analysis of any commodity or material is reasonably necessary to secure conformance with any code provision or to detect violations thereof, it shall be the duty of the licensee of the municipality whose business is governed by such provision to give to any authorized officer or employee of the city requesting the same, sufficient samples of such material or commodity for such analysis upon request upon proper presentation of identification and legal authorization as required by law.
   C.   Failure To Comply; Revocation Of License: In addition to any other penalty which may be provided, the mayor may, on first cause, revoke the license 1 of any licensed proprietor of any licensed business in the city who refuses to permit any such officer or employee who is authorized to make such inspection or take such sample to make the inspection or take an adequate sample of the said commodity, or who interferes with such officer or employee while in the performance of his duty in making such inspection. Provided, that no license shall be revoked for such cause unless written demand is made upon the licensee or person in charge of the premises, in the name of the city, stating that such inspection or sample is desired at the time it is sought to make the inspection or obtain the sample. (1988 Code §10.110)
3-1-10: NUISANCES 2 :
No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact. (1988 Code §10.109)
3-1-11: CHANGE OF LOCATION:
The location of any licensed business or occupation or of any permitted act, other than license for the sale at retail of alcoholic beverages, may be changed; provided, ten (10) days' notice thereof is given to the city clerk, in the absence of any provision to the contrary; provided, that the building, zoning and frontage consent requirements of the ordinances are complied with. (1988 Code §10.108)
3-1-12: TERMINATION OF LICENSES:
   A.   All annual licenses shall terminate on April 30 where no provision to the contrary is made.
   B.   The city clerk shall mail to all licensees of the city a statement of the time of expiration of the license held by the licensee, if an annual, three (3) weeks prior to the date of such expirations. Provided, that a failure to send out such notice or the failure of the licensee to receive it shall not excuse the licensee from a failure to obtain a new license or a renewal thereof nor shall it be a defense in an action from operation without a license. (1988 Code §10.106)
3-1-13: REVOCATION OF LICENSE:
Any license or permit, for a limited time, may be revoked by the mayor and city council during the life of such license or permit for the violation by the licensee or permittee of any provision relating to the license or permit, the subject of the license or permit, or the premises occupied; such revocation may be in addition to any fine imposed. The mayor, city and the council shall be authorized to summarily order the cessation of business, the closing of the premises, and the suspension of any business license or permit for a period not to exceed fifteen (15) days.
   A.   Hearing: Within ten (10) days after the city officials have so acted, the mayor shall call a hearing for the purpose of determining whether or not the license or permit should be revoked.
   B.   Notice of Hearing: Notice of hearing for revocation of a license or permit shall be given in writing setting forth specifically the grounds for the complaint and the time and place of hearing. Such notice shall be sent to the licensee or permittee at his last known address at least five (5) days prior to the date for the hearing.
   C.   Hearing Procedures: At the hearing, the licensee or permittee shall be permitted counsel and shall have the right to submit evidence and cross-examine witnesses. The Mayor shall preside and shall render the decision and recommendation.
   D.   Causes for Revocation: Business licenses and permits issued under the ordinances of the City, unless otherwise provided, may be revoked by the Mayor and the City Council after notice and hearing as provided in subsections B and C of this Section for any of the following causes:
      1.   Any fraud, misrepresentation or false statement contained in the application for the license or permit.
      2.   Any violation by the licensee or permittee of ordinance provisions or State law relating to the license or permit, the subject matter of the license or permit or the premises occupied.
      3.   Conviction of the licensee or permittee of any felony or of a misdemeanor involving moral turpitude.
      4.   Failure of the licensee or permittee to pay any fine or penalty owing to the City.
      5.   Refusal to permit any inspection or sampling or any interference with a duly authorized City officer or employee while in the performance of his duties in making such inspections, as provided in the City Code. (1994 Code)
3-1-14: APPEAL PROCEDURE:
   A.   Any applicant aggrieved by the refusal of the City to issue a license or permit or by the revocation of a license or permit shall have the right to appeal the City's decision to the City Council. Such appeal shall be requested by submitting a written request to the Mayor within five (5) days of the action of the City which is appealed.
   B.   The City Council shall consider the appeal at its next regularly scheduled meeting, at which time the applicant shall be entitled to present his appeal orally or in writing. The Council shall act on the appeal within seven (7) days of the hearing and shall either uphold the action of the City or shall direct the issuance of a license or permit which the City had denied or the reissuance of a license or permit which the City has revoked. (1994 Code)
3-1-15: PENALTIES:
Any person violating any provisions of this Title shall be subject to penalty as provided in Section 1-4-1 of this Code. (1988 Code §10.114; 1994 Code)

 

Notes

1
1. See section 3-1-13 of this chapter for revocation procedures.
2
2. See title 4, chapter 3 of this code for nuisance provisions.