3-1-5: INVESTIGATIONS:

Upon the receipt of an application for a license or permit where laws of the city necessitate an inspection or investigation before the issuance of such permit or license, the clerk shall refer such application to the proper officer for making such investigation within forty eight (48) hours of the time of such receipt. The officer charged with the duty of making the investigation or inspection shall make a report thereon, favorable or otherwise, within ten (10) days after receiving the application or a copy thereof. The "health authority" as defined in section 3-6-1 of this title shall make or cause to be made an inspection in regard to such licenses in the connection of the care and handling of food and the preventing of nuisances and the spread of disease. For the protection of health, the building inspector shall make or cause to be made any such inspections relative to the construction of buildings or other structures. All other investigations, except where otherwise provided. shall be made by the chief of police or by some other officer designated by the mayor. (1971 Code; amd. 1987 Code)

3-1-6: TERMINATION OF LICENSE:

All annual licenses shall terminate on the last day of the calendar year of the city where no provision to the contrary is made. (1971 Code; amd. 1987 Code)

The 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 expiration. Provided, that failure to send out such notice or failure of the licensee to receive it shall not excuse the licensee from failure to obtain a new license or a renewal thereof, nor shall it be a defense in an action for operation without a license. (1971 Code)

3-1-7: BUILDING AND PREMISES:

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 building 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 1 . (1971 Code)

 

Notes

1	1. See title 10 of this code.

3-1-8: CHANGE OF LOCATION:

In the absence of any provision to the contrary, the location of any licensed business or occupation or of any permitted act, may be changed, provided ten (10) days' notice thereof is given to the clerk; provided, the building, zoning and frontage consent requirements of this code are complied with. (1971 Code)

3-1-9: FRONTAGE CONSENTS:

   A.   Whenever the consent of the adjoining or neighboring owners is required as a prerequisite to the conduct of any business or occupation, or the location of any establishment, such consent must be obtained by securing the necessary signatures, to a written consent petition. Such petition shall be filed with the clerk when signed.

   B.   Consents once given and filed shall not be withdrawn, and such petitions need not be renewed for the continuous conduct of the same business, whether by the same proprietor or not.

   C.   It shall be unlawful to forge any name to such a petition or to represent falsely that the names thereon have been properly placed thereon if such is not the fact.

   D.   Each consent when filed shall be accompanied by the affidavit of the person securing the signatures that each signature appearing thereon was properly secured and written on; and that the petition contains the necessary number of signatures required by this code.

   E.   The frontage consent requirements contained herein shall not be construed to amend or change any zoning ordinance provision of the city; and no such provision shall be construed as permitting the erection of a structure or building, or the conduct of a business or the commission of any act in any location where such structure, building, business or act is or are prohibited by any zoning ordinance of the city. (1971 Code)

3-1-10: NUISANCES:

No business, licensed or not, shall be conducted or operated as to amount to a nuisance in fact. (1971 Code)

3-1-11: INSPECTIONS:

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 this code, 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.

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 city 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.

In addition to any other penalty which may be provided, the mayor may revoke the license 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 sought to make the inspection or obtain the sample. (1971 Code)