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Applications for all licenses and permits required by ordinance shall be made in writing to the City Clerk, unless specifically provided otherwise. Each application shall state the name of the applicant; the permit or license desired; the location to be used, if any; the time covered; the fee to be paid; and such other information as may be needed and required by the City officials charged with issuing the license, or making the inspections required under it.
Whenever, in these Codified Ordinance, a license or permit is required for the maintenance, operation or conduct of any business or profession or for performing any act, any person shall be subject to the requirement if he by himself or through an agent, employee or partner, 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.
Forms for all licenses, permits and application therefor, shall be prepared, kept on file and supplied as needed by the City Clerk.
Where ordinances require an investigation before issuance of a permit or license, the City Clerk shall refer the application promptly to the proper officer for making the investigation. Such officer shall report thereon within a reasonable time, not more than one week after the reference. The City Manager shall designate the officer or agency responsible for making each class of investigation.
All fees and charges for licenses or permits shall be paid in advance at the time application is made. The fee may be prorated by quarters and paid for each calendar quarter or fraction thereof during which the business will be conducted. Except as otherwise specified by ordinance all license and permit fees shall be paid into the General Revenue Fund.
All annual licenses and permits shall terminate on the last day of the City fiscal year. Licenses and permits issued for shorter periods shall terminate as provided in the license or permit.
No license shall be issued for the conduct of any business and no permit shall be issued for doing any act, if the premises and building to be used for the purpose, if any, do not fully comply with all requirements imposed by the City, including the Zoning Ordinance and Building Code.
The location of any licensed business or occupation or any permitted act, may be changed provided ten days' notice thereof is given to the City Clerk, unless specifically provided otherwise by ordinance, provided that the building and zoning requirements of the ordinances are complied with.
No business, whether licensed or not, shall be so conducted as to amount to a nuisance in fact.
Whenever inspections of the premises used for, or in connection with, the operation of a licensed business or occupation are provided for by ordinance or are reasonably necessary to secure compliance with any ordinance 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 conformity with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee whose business is governed by such provision to give any authorized officer or employee of the City requesting the same, sufficient samples of such material or commodity for such analyses on request.
Any license or permit issued for a specified period of time may be revoked by the City Manager at any time during the life of such license or permit for any violation by the licensee or permittee of the ordinance provisions relating to the license or permit, after notice and hearing. Pending such hearing, the City Manager may suspend such license. Such revocation may be in addition to any fine or penalty imposed.
It shall be the duty of any person conducting a licensed business in the City to keep his license posted in a prominent public place on the premises used for such business at all times.
No land, building or structure in any commercial district shall be used in any way whatsoever for the promotion of the opening, reopening, anniversary, special event or ordinary business operation of any retail establishment in any commercial district, which promotional devices are intended to attract attention and tend to create an undue amount of noise and confusion and add to the traffic hazards in the City. It is the intention of this section to exclude, among other things, circus and carnival attractions, the flying of any advertising balloon at a height of more than twenty feet, the operation of any beacon, signaling light, spotlight or other similar promotional device, unless or until a permit for the display or operation of such promotional device shall have been obtained from the Director of Safety and the Chief of Police, who shall issue such permit only if it is found that the proposed use of such promotional device will not create an undue amount of noise, confusion and congestion and will not adversely affect the circulation and flow of traffic or be injurious, obnoxious, offensive or detrimental to the neighborhood.
(Ord. 66-70. Passed 8-3-70.)
(a) Whoever violates Section 701.09 is guilty of a misdemeanor of the third degree. Each day during which such violation continues after notice from the City Clerk to abate such nuisance shall be a separate offense.
(c) Whoever violates any provision of this Part Seven - Business Regulation Code for which no other penalty is provided is guilty of a misdemeanor of the first degree.