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A. Misrepresentation: No person shall knowingly misrepresent any material fact in a license application. Such misrepresentation allows for immediate cancellation and/or denial of the license.
B. Complaint: When a violation of this title is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the cause and basis thereof and shall be filed with the city. Each complaint shall be investigated and appropriate action shall be taken as provided by this title.
C. Violation: Any person violating a provision of this title for which another penalty has not been provided shall, upon conviction thereof, be subject to a civil fine not to exceed fifty dollars ($50.00) for each violation. Each day the violation continues shall be deemed a separate and punishable violation.
D. Citation: Failure to cure a violation shall result in a citation. (Ord. 364-2016, 5-10-2016)
A. Application: Every person desiring to conduct any business, or other activity, in the city, shall submit and file an application for license, in writing, with the city clerk. The city clerk shall provide each applicant with the proper application form. Each application shall be accompanied by the necessary business license fee.
B. Contents: Each application shall be submitted with the representation of truthfulness. It shall set forth, in writing:
1. The name of the applicant;
2. The applicant's place of permanent residence;
3. Local business address, if different than residence address;
4. Description of the activity to be licensed, its location, and whether or not the activity is a seasonal business;
5. The amount of the necessary fee;
6. Whether the applicant shall act as principal or agent;
a. If acting as agent, the name and place of business of the principal or employer;
7. Dates of delivery for goods or wares sold (for transient vendors only);
8. The dates of issuance and expiration.
C. Review Process: Upon receipt of an application and fee, the application shall be reviewed and investigated by the city clerk.
D. Issuance/Denial: Upon completion of the review process, the city clerk shall either issue or deny the business license. Issuance of a business license is contingent upon a business being in compliance with all applicable zoning and fire codes, and any other laws and regulations which protect the health, safety, and welfare of the citizens of the city. If the city clerk, after review of the application, determines that it is not in the best interest of the city to authorize the event applied for, or that it may be detrimental to the public health, safety, or welfare, the application shall be denied; otherwise, the application shall be granted.
E. Appeal: In the event the city clerk shall deny a business license, the applicant may appeal to the city council. The application shall be reviewed by the city council at its next regularly scheduled meeting. After hearing reports deemed relevant from the city clerk and the applicant, the city council shall determine if the license shall be granted or denied.
F. Amendment Of Application: Applicants and licensees shall have the right to amend, update, and/or change applications and licenses; provided, however, the amendment, update, and/or change does not materially alter compliance with the provisions of this title. Each amendment, update, and/or change shall be accompanied by the necessary fee. (Ord. 364-2016, 5-10-2016)
A. General Business License: Any person engaged in business requiring licensing under this title, excepting those specifically named in subsections B and C of this section, shall pay an annual general business license fee of fifty dollars ($50.00) per year.
B. Seasonal Business License: Any person engaged in one business defined as seasonal business during one calendar year and requiring licensing under this title, shall pay an annual seasonal business license fee of fifteen dollars ($15.00) per year so long as the seasonal business is limited to one seasonal business in one calendar year.
Any person engaged in more than one seasonal business during one calendar year is required to purchase a general business license.
C. Special Business License: Any person engaged in business defined as special business and requiring licensing under this title, shall pay an annual special business license fee of fifty dollars ($50.00) per year.
1. Transient Retail Merchant: Any person engaged in business defined as transient retail merchants and requiring licensing under this title, shall pay a business license fee of twenty five dollars ($25.00) per event.
D. Adult Business License: Any person engaged in business defined as adult business and requiring licensing under this title, shall pay an annual adult business license fee of any person engaged in business defined as special business and requiring licensing under this title, shall pay an annual special business license fee of fifty dollars ($50.00) per year. Adult businesses shall also be subject to the rules and regulations of this chapter for the health, safety, and welfare of the city.
E. Amendments, Updates, And/Or Changes: Any applicant desiring to amend, update, and/or change an already submitted application for any type of license shall be free of charge.
F. Allocation Of Fees: All fees collected under this title shall be deposited into the city's general fund and used to support the various departments, divisions, and activities of the city which provide regulation and to recover the costs of administering this title.
G. Prohibition On Rebate/Proration: License fees shall not be prorated. No rebate or refund of any license fee, or part thereof, shall be made by reason of the nonuse of such license or by reason of a change of location or business rendering the use of such license ineffective.
H. Denial: If a license or application is denied, and the appeal is also denied, the license fee that accompanied the application shall be returned to the applicant. (Ord. 364-2016, 5-10-2016)
The term of every license issued under the authority of this title shall be for one year. Each term shall commence October 1 and expire September 30.
A. Renewal: All licenses shall be renewed annually. Failure to renew a license by November 1 of every year shall result in a delinquent charge of ten dollars ($10.00) per month. (Ord. 364-2016, 5-10-2016)
A. General: Every business licensed under the provisions of this title shall be subject to regulation, inspection, control, and supervision under the police powers of the city and of all the ordinances of the city now in force or which may hereafter be adopted or amended in aid of such power and regulation. Nothing contained in this title creates any vested right to any person or business to the assignment, renewal, reissuance, or continuation of any license issued under this title.
B. Duties Of Licensee:
1. Display Requirement: Every licensee under this title shall post and maintain such license upon the licensed premises in a place where it may be seen at all times by the public. A transient retail merchant's license shall be publicly displayed at all times.
2. Inspection Requirement: Any business licensed under this title shall at all times be subject to inspection by city officials. The licensee and/or employees of such licensee shall at all times allow the zoning compliance officer to enter the premises for inspection of any licensed activity.
C. Report Of Licenses: The city clerk shall prepare an annual report showing the following:
1. Valid Licenses: The names of all the parties who have paid licensing fees for the preceding year; the business for which the same was paid; and, the amount.
2. Delinquent Licenses: The names of all persons operating or transacting any business, trade, or profession in the city for which a license is required, and then remaining unpaid; the time for which such license is due; the amount due; and, the business for which said license is required. (Ord. 364-2016, 5-10-2016)
A license may be revoked or suspended when the licensee violates this title.
A. Procedure: This procedure shall be followed in revoking or suspending a license:
1. Notice: A written notice shall be provided to the licensee at least thirty (30) days prior to revocation or suspension. The notice shall state the reason(s) for the action.
2. Request For Review: The licensee shall have the right to request a review of the proposed action within twenty one (21) days of receipt of notice.
a. Meeting: When a review is requested, a meeting shall be set between city staff and/or the mayor and the requesting party.
B. Immediate Harm: If conditions are determined to cause immediate threat or harm to the health, safety, and welfare of the public, the city shall immediately suspend the license or until such condition is remedied.
C. Appeal: Any licensee shall have the right to file a written appeal to the city council. (Ord. 364-2016, 5-10-2016)
A. Transferability: No city issued license shall be transferable.
B. Civil Actions: The city attorney may institute civil suit in the name of the city to recover any unpaid fees.
C. Civil Judgments: No civil judgment, or any act by the city attorney, the mayor, or the violator shall bar or prevent a criminal prosecution for each and every violation of this title. (Ord. 364-2016, 5-10-2016)