3-6 6 LICENSES

All fees collected by the City, including license fees, application fees, permit fees and renewal fees, shall be deposited with the City Treasurer at the close of business each day. The Community Development Director shall make such deposit and shall, within twenty four (24) hours thereafter, render a report to the City Treasurer, showing the departments or funds to which such collections are to be credited. [Formerly numbered Section 19-1; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-6-102: UNLAWFUL BUSINESS NOT SANCTIONED:

No license or permit granted or issued under the provisions of this code shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, activity or act. [Formerly numbered Section 19-2; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-103: FALSE STATEMENT:

Any person making or filing a false certificate or statement under the provisions of this chapter, knowing the same to be false, shall be guilty of a misdemeanor. [Formerly numbered Section 19-3; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-104: ENFORCEMENT:

A. Responsibility of Community Development Department; Police Department: It shall be the duty of the Community Development Department to enforce each and every provision of this chapter, and the Police Department shall render such assistance in the enforcement thereof as may, from time to time, be required by the Community Development Department.

B. Inspection of Business Premises: The Community Development Director and the Chief of Police, in the exercise of the duties imposed upon them, and acting themselves or through their deputies, shall examine all places of business in the City to ascertain whether or not the provisions of this chapter have been complied with.

C. Examination of License Upon Demand: The Community Development Director and the Chief of Police, and all of their deputies shall have the power and authority to enter, free of charge, at any time, any place of business required to be licensed or otherwise authorized by the provisions of this code, and to demand an exhibition of such license or permit. Any person having any such license or permit theretofore issued in their possession or under their control who fails to exhibit the same on demand shall be guilty of a misdemeanor and subject to the penalty provided for by the provisions of this code.

D. Issuance of Complaints to Violators: It shall be the duty of the Community Development Director and each of their deputies to cause a complaint to be filed against any person found to be a violator of any of the provisions of this chapter.

E. Extension of Time for Filing Sworn Statements; Waiver of Penalty: The Community Development Director shall have the power, for good cause shown, to extend the time for filing any sworn statement required by the provisions of this chapter for a period not exceeding thirty (30) days, and in such case, to waive any penalty that would otherwise have accrued; and shall have the further power, with the consent of the Council, to compromise any claim as to amount of license fee due.

F. Powers and Duties: The Superintendent of the Building Department and each of their deputies shall have the same powers and duties with reference to Title 9, Chapter 1 of this code as are hereinbefore given to the Community Development Director in this section. [Formerly numbered Section 19-4; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-6-105: EXISTING LICENSES AND PERMITS:

Licenses and permits, issued under ordinances superseded by this code and still valid and effective, shall continue to be in full force and effect until the expiration thereof, and shall be effective as if issued under the applicable provisions of this code and subject to the terms and conditions thereof. [Formerly numbered Section 19-5; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-106: REFUNDS:

Unless otherwise provided, every license fee, application fee, permit fee and renewal fee shall be subject to refund as provided by Section 2-1-904 of this code. [Formerly numbered Section 19-6; renumbered by Ord. No. 3058, eff. 2/21/87; 2218.]

3-6-107: TRANSFER OF AUTHORITY TO PRECLUDE CONFLICT OF INTEREST:

Whenever the person applying for a license or permit is also the officer or employee charged with the duty and responsibility of approving, granting, issuing, suspending, revoking, or enforcing such license or permit, they shall be relieved of such duty and responsibility, and the approval, granting, issuance, suspension, revocation or enforcement of such license or permit, as the case may be, shall be the duty and responsibility of the City Manager, or if the City Manager is the applicant such duty and responsibility shall devolve upon the Council. [Formerly numbered Section 19-7; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 2. APPLICATIONS

3-6-201: PLACE OF FILING:

Applications for licenses shall be filed with the Community Development Department, except that applications for licenses required by Title 9, Chapter 1 of this code shall be filed with the Building Department. Applications for permits shall be filed with the body or official charged with authority to grant the same; provided, however, that when the provisions of this code require a license to be obtained from the Community Development Department as a prerequisite to engaging in the business for which a permit is desired, the application for such permit shall be filed with the Community Development Department in conjunction with the application for a license, and one application shall suffice for both license and permit. [Formerly numbered Section 19-8; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2218, 2194.]

3-6-202: CONTENTS:

Applications for a license and/or permit shall contain the following information:

A. The name and residence address of the applicant.

B. The fictitious name, if any, under which such applicant does business;

C. The business for which a license and/or permit is requested;

D. The business address of the applicant, and, if the applicant is employed, the name of their employer and the place where they are employed, if material;

E. The period for which the license and/or permit is requested;

F. The name and residence addresses of all managers, directors, officers, trustees and/or other individuals connected or professed to be connected, directly or indirectly, with the business;

G. Such other information as the City may require;

H. Changes of address and ownership shall be promptly reported to the Community Development Department. [Formerly numbered Section 19-9; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2834.]

3-6-203: FORMS:

Whenever the City undertakes to furnish application forms for licenses and/or permits, application must be made upon such forms. [Formerly numbered Section 19-10; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-204: APPLICATION FEE:

Whenever application fees are prescribed by this code in connection with any license or permit, such fees shall accompany the application for a license or permit and shall be in addition to any license fees or permit fees required to be paid therefor. The purpose of an application fee shall be to compensate the City for the initial expense of processing and investigating an application for a license or permit, and, unless otherwise provided, shall be retained by the City notwithstanding the refusal to grant or the nonissuance of such license or permit. Application fees are not required to be paid with renewal applications. [Formerly numbered Section 19-11; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-205: CERTIFICATES OF COMPLIANCE:

Whenever it is required by the provisions of this code that a certificate of compliance be obtained from an officer, department, bureau, commission or board of the City, or that an application for a license or permit be submitted to an officer, department, bureau, commission or board for approval, as a condition of engaging in any business, activity or act, it shall be unlawful to engage in such business, activity or act without such certificate of compliance or approval, and any license or permit issued without such certificate of compliance or approval shall be void. Any officer, department, bureau, commission or board receiving a request for a certificate of compliance and/or having an application for a license or permit referred to them for approval shall thoroughly investigate the applicant as may be necessary and shall inspect the proposed place of business to determine whether such place of business and the proposed manner of operating the same comply with the statutes of the State and ordinances of the City applicable thereto. If the applicant is found to have complied with the applicable statutes of the State and ordinances of the City, a certificate of compliance shall be issued and/or the application for a license or permit shall constitute a certificate of compliance, and no further writing shall be necessary. If the applicant is found to have neglected, failed or refused to comply with the applicable statutes of the State or ordinances of the City, the request for a certificate of compliance shall be denied and/or the application disapproved. Applications which are disapproved shall be accompanied by a statement of the reasons for such disapproval. Applicants for a license, permit or certificate of compliance shall be promptly notified of any unfavorable action taken under this section, and shall be furnished with a statement of the reasons for such action. The body or official with whom the application is filed shall have the duty of so notifying the applicant. [Formerly numbered Section 19-12; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-206: POLICE INVESTIGATION:

The Chief of Police shall, upon the request of the Council or any subordinate body, board, commission, bureau or officer charged with authority to grant a license or permit, investigate and report thereon to the requesting authority, all facts or evidence bearing upon the place where the proposed business is to be located and that of the character, reputation, police record and the moral fitness of the owners and of those who will be in charge thereof. An adverse report of the Chief of Police shall be a separate and independent ground for refusal to issue a license or permit. [Formerly numbered Section 19-13; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 3. BONDS AND INSURANCE

3-6-301: SURETY BONDS:

Whenever a surety bond is required to be filed with the City in connection with the issuance of a license or permit, such bond shall be delivered to the Community Development Department or other office charged with issuing the license or permit. The surety on all such bonds shall be a corporation authorized to do business as such in the State. The bond shall obligate the principal, their executors, administrators, successors and assigns, jointly and severally, with the surety, and shall inure to the benefit of the City, its officers and employees and to any person aggrieved by the principal’s failure to comply with the conditions thereof. Such bond shall further provide that it will not be canceled or terminated until at least ten (10) days’ notice thereof has been filed with the City Clerk. No such bond shall qualify until it has been approved as to form by the City Attorney. [Formerly numbered Section 19-14; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-6-302: INSURANCE:

Whenever a policy of insurance is required to be filed with the City in connection with the issuance of any license or permit, such insurance policy shall be delivered to the Community Development Department or other office charged with issuing such license or permit. Such policy shall be issued by a solvent and responsible insurance company authorized to do business in the State and shall insure the licensee or permittee against loss by reason of injury or damage to persons covered thereby, guaranteeing the payment of any and all final judgments rendered against such licensee or permittee for such injury or damage, within the limits of the policy, irrespective of the financial condition or any acts or omissions of such licensee or permittee. Such policy shall further provide that it will not be canceled or terminated until at least ten (10) days’ notice thereof has been filed with the City Clerk. No such policy of insurance shall qualify until it has been approved as to form by the City Attorney. [Formerly numbered Section 19-15; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

ARTICLE 4. LICENSE FEES

3-6-401: PREREQUISITE TO DOING BUSINESS; EXCEPTION:

No person may engage in any business for which a license fee is prescribed in this code without first paying such fee to the City, unless they are exempt therefrom. [Formerly numbered Section 19-16; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-402: PAYMENT:

License fees shall be paid to the Community Development Department, or if required by Title 9, Chapter 1 of this code to the Building Department, and shall be due and payable in advance immediately prior to the time hereinafter prescribed, as follows:

A. Annual License Fees: The first day of July of each year or the day business is commenced, whichever is later; provided, however, that when annual license fees are payable quarterly at the option of the licensee such fees may be paid as follows: at least one-fourth (1/4) on July 1, October 1, January 1 and April 1 of each fiscal year;

B. Daily License Fees: Each day of business. [Formerly numbered Section 19-17; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-6-403: PRORATING:

Annual license fees of more than ten dollars ($10.00) shall be prorated on a quarterly basis if the license is issued or the business is commenced in the second or subsequent quarter of the fiscal year. In such cases, the license fee shall be prorated as of the first day of the quarter in which the license is issued or the business is commenced, whichever is sooner. There shall be no prorating of other license fees. [Formerly numbered Section 19-18; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-404: ADJUSTMENT WHEN BASED ON NUMBER OF VEHICLES:

A. Adjustment of License Fees: All of the license fees based upon the number of vehicles used in a business shall be so applied that where the license fee bears no reasonable relation to the taxable event occurring in the City or the quantum of business carried on therein and when such factor would be material to the validity of the fee, an adjustment in the license fee shall be made upon application in the manner hereinafter described. In any case where such license fee is believed by a licensee or an applicant for a license to violate said principle, they may apply to the City Manager for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to said business. Said application may be made before, at, or within six (6) months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show their method of business, the gross volume or estimated gross volume of business, the total number of vehicles used in their business, the number of vehicles operated in the City, and such other information as the City Manager may deem necessary in order to determine the extent, if any, of discrimination, unreasonableness, or unfairness against said business.

B. Investigation; Findings by City Manager: The City Manager shall then conduct an investigation, comparing applicant’s business with other businesses of like nature and shall make findings of fact from which they shall determine whether the license fee is unfair, unreasonable or discriminatory as to applicant’s business and shall fix as the license fee for the applicant, an amount that is fair, reasonable and nondiscriminatory, or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the City Manager shall have the power to base the fee upon a percentage of gross volume of business, the number of vehicles required to handle business in the City, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fee as prescribed by this code. Should the City Manager determine the gross volume of business measure of the fee to be the fair basis, they may require the applicant to submit, either at the same time of termination of applicant’s business in the City, or at the end of each three (3) month period, a sworn statement of the gross volume of applicant’s business and the percentage of such business transacted in the City and to pay the amount of fee therefor, provided that no additional fee during any one fiscal year shall be required after the licensee shall have paid an amount equal to the annual license fee for their said business as prescribed in this code.

The provisions of this section shall not apply to licensees or applicants for a license who maintain a place of business in the City. [Formerly numbered Section 19-19; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-405: DELINQUENCY DATES:

All license fees required by this code shall be deemed delinquent if not paid on or before the time hereinafter prescribed:

A. Annual License Fees: On or before the close of business on the last day of the month when due;

B. Daily License Fee: On or before the close of business on each day for which the license fee becomes due. [Formerly numbered Section 19-20; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-406: PENALTIES:

Whenever a license fee required by this code is not paid on or before the delinquency date, a penalty of ten percent (10%) of the amount due shall be imposed. Every penalty shall become a part of the license fee required by this code. In the case of a newly established business for which an annual license fee is prescribed, no penalty shall be imposed if the license fee is paid within thirty (30) days after the commencement of operation; otherwise, penalties shall be imposed as in the case of any other business. [Formerly numbered Section 19-21; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-407: GROSS RECEIPTS LICENSE FEE:

In all cases where the amount of license fee to be paid is based upon gross receipts, any person making application for the first such license, or for another such license, shall furnish to the Community Development Department for its guidance in ascertaining the amount of license fee to be paid by the applicant, a written statement, upon a form provided by the Community Development Department, sworn to before a person authorized to administer oaths, setting forth such information as may be therein required and as may be necessary properly to determine the amount of license fee to be paid by applicant. In such cases, the applicant shall estimate the gross receipts for the period to be covered by the license to be issued. Such estimate, if accepted by the Community Development Department as reasonable, shall be used in determining the amount of license fee to be paid by the applicant; provided, however, that the amount of the license fee so determined shall be tentative only, and such person shall, within thirty (30) days after the expiration of the period for which such license was issued, furnish the Community Development Department with a sworn statement, on a form furnished by the Community Development Department, showing the gross receipts during the period of such license, and the license fee for such period shall be finally ascertained and paid at once, after deducting from the payment found to be due the amount paid at the time such first license was issued. [Formerly numbered Section 19-22; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-6-408: GROSS RECEIPTS STATEMENT NOT CONCLUSIVE:

A. Audit and Inspection of Books: No statement of an applicant concerning gross receipts shall be conclusive as to the matters therein set forth, nor shall the filing of the same preclude the City from collecting by appropriate action such sum as is actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the Community Development Director, their deputies or authorized employees of the City, who are hereby authorized to examine, audit and inspect such books and records of any licensee or applicant for license as may be necessary in their judgment to verify or ascertain the amount of license fee due.

B. Inspection of Books Permitted: All licensees, applicants for licenses, and persons engaged in business in the City, where the amount of license fee to be paid is based upon gross receipts, are hereby required to permit an examination of such books and records for the purposes aforesaid. [Formerly numbered Section 19-23; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/28/12; 2194.]

3-6-409: INFORMATION CONFIDENTIAL:

The information furnished or secured pursuant to Sections 3-6-407, 3-6-408 and subsection 3-6-510B of this chapter shall be confidential. Any unwarranted disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor and such officer or employee shall be subject to the penalty provisions of this code. [Formerly numbered Section 19-24; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-410: FAILURE TO FILE STATEMENT:

If any person fails to file any statement required by Section 3-6-407, 3-6-408 and subsection 3-6-510B of this chapter within the time prescribed, or if after demand therefor made by the Community Development Department, they fail to file a corrected statement the Community Development Department may determine the amount of the license fee due from any such person by means of such information as they may be able to obtain. In case such a determination is made, the Community Development Department shall give a notice of the amount so assessed. Such person may, within ten (10) days after the mailing or serving of such notice, make application in writing to the Community Development Department for hearing on the amount of license fee. If such application is made, or if application is not made within the time prescribed, the Community Development Department must cause the matter to be set for hearing within fifteen (15) days before the Council. The Community Development Department shall give at least five (5) days’ notice to such person of the time and place of hearing. The Council shall consider all evidence produced, and its findings shall be final. Notice of its findings shall be served upon the applicant. [Formerly numbered Section 19-25; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-6-411: LICENSE FEE A DEBT:

The amount of any license fee and penalty imposed by the provisions of this code shall be deemed a debt owing to the City, and any person carrying on any business without having paid the license fee in such case provided, and their employer, principal or beneficiary in such business, shall be severally and jointly liable to an action in the name of the City in any court of competent jurisdiction for the amount of license fee and penalties imposed on such business. In case of such action, the Community Development Director may make the necessary affidavit and a writ of attachment may issue without any bond being given in behalf of the plaintiff. [Formerly numbered Section 19-26; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-6-412: EXEMPTIONS:

A. By Virtue of Federal or State Law: Nothing in this code relating to the payment of license fees shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the State from the payment to a municipal corporation of such license fees.

B. Charitable: Unless provision is made to the contrary in this code, any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any person, shall be exempt from the payment of any license fee prescribed by this code; also exempt shall be any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects within the City, whenever the receipts of any such entertainment, concert, exhibition, or lecture are to be appropriated to any church or school or to any religious or benevolent purpose, and any entertainment, dance, concert, exhibition, or lecture conducted by any religious, charitable, social, educational, military, state, county or municipal organization or association, whenever the receipts of any such entertainment, dance, concert, exhibition, or lecture are to be appropriated for the purpose and object for which such organization or association was formed, provided, in either case, profit is not derived, either directly or indirectly, by any person.

C. Veterans: Unless provision is made to the contrary in this code, every honorably discharged or honorably relieved soldier, sailor or marine of the United States who served in any war, conflict or campaign, who is a voter of this State, and who is a bona fide resident of this City, may distribute circulars, and hawk, peddle and vend any goods, wares or merchandise owned by them, except spirituous, malt, vinous, or other intoxicating liquor, without payment of any license fee; provided, however, that any such person not a resident of the City, who is physically unable to obtain a livelihood by manual labor may, nevertheless, distribute circulars, and hawk, peddle and vend any goods, wares or merchandise owned by they, except spirituous, malt, vinous, or other intoxicating liquor, without payment of any license fee.

D. Educational: Any organization which is conducted, managed, or carried on wholly for the purpose of educating and teaching young students attending high school, the problems and skills required of those engaged in the commercial and production life of our free society, such for example, as Junior Achievement, Inc., its subsidiaries and sponsored organizations and like organizations, shall be exempt from the payment of any license or application fee prescribed by this code. [Formerly numbered Section 19-27; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-413: CLAIM FOR EXEMPTION:

Any person claiming an exemption pursuant to Section 3-6-412 of this article or any other provision of this code shall file a verified statement with the Community Development Department, or with the Building Department if a license under Title 9, Chapter 1 of this code is involved, stating the facts upon which the exemption is claimed. The Community Development Department or Building Department shall, upon application and proper showing contained in the verified statement, issue a license to such person without payment to the City of the license fee required. [Formerly numbered Section 19-28; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-6-414: EXEMPTION APPLIES ONLY TO PAYMENT OF FEE:

Any person exempt by the provisions of Section 3-6-412 of this article from the payment of license fee as a prerequisite to engage in any business, must, nevertheless, apply for and obtain a license to engage in such business and must comply with the provisions of this code or any other ordinance of the City requiring a permit or certificate of compliance as a prerequisite to engaging in such business. [Formerly numbered Section 19-29; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 5. LICENSES

3-6-501: WHEN LICENSE REQUIRED:

No person may engage in any business liable to a license fee under this code without having taken out proper license as prescribed in this article and without complying with all regulations of such business contained in this code. [Formerly numbered Section 19-30; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-502: PERMITS AS PREREQUISITE TO ISSUANCE OF LICENSE:

No license shall be issued to engage in any business when the provisions of this code, or other ordinance of this City, require a permit to be obtained as prerequisite to engaging in such business, until such permit is first obtained. Any license issued in violation of this section shall be void. [Formerly numbered Section 19-31; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-503: ISSUANCE OF LICENSE AND CONTENTS:

All licenses shall be prepared and issued by the Community Development Department, except licenses required by Title 9, Chapter 1 of this code which shall be prepared and issued by the Building Department. Each license shall state upon its face the following:

A. The person to whom issued;

B. The kind of business licensed thereby;

C. The amount paid therefor;

D. The location of such business;

E. The expiration date of such license;

F. Such other information as shall be deemed necessary by the Community Development Department or Building Department, as the case may be. [Formerly numbered Section 19-32; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-6-504: DURATION OF LICENSE:

The duration of any license issued under the provisions of this code shall be limited as follows:

A. Annual Fee: If the license fee is an annual license fee, the license shall expire on June 30 following the issuance of the license;

B. Daily Fee: If the license fee is a daily license fee, the license shall expire at midnight of the day on which the license was issued; provided, however, that such license may be issued for a greater period of time than herein provided, but not to exceed the close of the fiscal year. In such cases, the license fee for the entire period shall be due and payable at once. [Formerly numbered Section 19-33; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-505: DEBTOR LICENSEE:

No license for any ensuing, current or unexpired license period shall knowingly be issued to any person who, at the time of making application for any license, is indebted to the City for any unpaid license fee required to be paid under the provisions of this code. [Formerly numbered Section 19-34; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-506: SEPARATE LICENSES FOR BRANCH ESTABLISHMENTS:

Separate licenses must be obtained for each branch establishment or location of the business engaged in, and each license shall authorize the licensee to engage in only the business licensed thereby, at the location and in the manner designated in such license; provided, that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this code shall not be deemed to be separate places of business or branch establishments. [Formerly numbered Section 19-35; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-507: TRANSFERABILITY:

No license issued under this code shall be transferable; provided, however, that where a license is issued authorizing a person to conduct a business at a particular place, such licensee may, upon application therefor, and paying a fee of five dollars ($5.00), have the license previously issued amended so as to authorize the conduct of such business at some other location. [Formerly numbered Section 19-36; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-508: POSTING AND KEEPING LICENSES:

All licenses must be kept and posted in the following manner:

A. Place of Business at a Fixed Location: Any licensee transacting and carrying on a business at a fixed place of business in the City shall keep the license posted in a conspicuous place upon the premises where such business is carried on.

B. Place of Business; Location of Licensee: Any licensee transacting and carrying on business, but not operating in a fixed place of business in the City, shall keep the license upon their person at all times while transacting and carrying on such business.

C. Place of Business; A Motor Vehicle: Any licensee using a motor vehicle in connection with their business shall affix to the inside of such motor vehicle, in a conspicuous place, a decal to be furnished by the City, showing that a license has been issued. [Formerly numbered Section 19-37; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-509: REPLACEMENT OF LOST OR DESTROYED LICENSES:

Duplicate licenses may be issued by the Community Development Department or by the Building Department if a license under Title 9, Chapter 1 of this code is involved, to replace any license previously issued which has been lost or destroyed, provided the licensee files an affidavit attesting to such fact and, at the time of filing such affidavit, pays to the Community Development Department or Building Department, as the case may be, a fee of one dollar ($1.00) therefor. [Formerly numbered Section 19-38; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-6-510: RENEWAL:

A. Generally: Any license may be renewed without application upon payment of the required license fee, subject to the other provisions of this code.

B. License Fee Based on Gross Receipts: In all cases where the amount of license fee to be paid is based upon gross receipts, the applicant for the renewal of a license shall submit to the Community Development Department for its guidance in ascertaining the amount of license fee to be paid by the applicant, a written statement, upon a form to be provided by the Community Development Department, sworn to before a person authorized to administer oaths, setting forth such information concerning the applicant’s business during the preceding year as may be required by the said Community Development Department to enable it to ascertain the amount of license fee to be paid by said applicant pursuant to the provisions of this code. [Formerly numbered Section 19-39; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-6-511: REMEDIES, CUMULATIVE:

The conviction and punishment of any person for engaging in any business without first obtaining a license to conduct such business shall not relieve such persons from paying the license fee due and unpaid at the time of such conviction, nor shall the payment of any license fee prevent a criminal prosecution for the violation of any of the provisions of this chapter. All remedies prescribed hereunder shall be cumulative and the use of any one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. [Formerly numbered Section 19-40; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 6. PERMITS

3-6-601: WHEN PERMIT REQUIRED:

Whenever, by the provisions of this code, a person is required to apply for, or to secure, a permit as a condition precedent to engaging in any business, activity or act, they shall obtain such permit before so engaging themselves. This provision shall be deemed to apply only to those cases wherein original permits are sought. In cases involving applications for renewal permits, the applicant may, upon filing such application, continue the business, activity or act authorized by the expiring permit, pending action thereon. [Formerly numbered Section 19-41; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-602: PERMIT FEES; EXEMPTION:

No application for a permit or renewal thereof shall be accepted unless accompanied by the fee prescribed therefor; provided, however, educational organizations qualifying under the provisions of subsection 3-6-412D of this chapter for exemption from payment of license fees shall be exempt from the payment of permit application fees and permit fees. [Formerly numbered Section 19-42; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-603: GRANTING OR REFUSAL OF PERMIT:

The Council or subordinate body or officer charged with the authority to grant a permit may, after investigation of the application therefor and the proposed business, activity or act, grant or refuse to grant such permit. The permit shall be refused if it shall be determined that the granting of the same or the conduct of the business, activity or act will be contrary to the preservation of the public peace, health, safety, morals or welfare of the City or its inhabitants. If the permit is granted, the Council or body or officer granting it may impose such terms, conditions and restrictions upon the operation and conduct of such business, not in conflict with any paramount law, as may be deemed necessary or expedient to protect the public peace, health, safety, morals or welfare of the City or its inhabitants. Any applicant for a permit shall be entitled to a hearing thereon upon a request therefor to the Council, body or officer charged with considering the same. Applicant shall be notified by the body or officer within three (3) days of the decision to grant or refuse to grant such permit. [Formerly numbered Section 19-43; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-604: LICENSE AS PREREQUISITE TO ISSUANCE OF PERMIT:

No permit shall be issued to engage in any business when the provisions of this code, or other ordinance of this City, require a license to be obtained as a prerequisite to engaging in such business until such license is first obtained. Any permit issued in violation of this section shall be void. [Formerly numbered Section 19-44; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-6-605: ISSUANCE OF PERMIT:

Permits shall be issued by the body or officer charged with authority to grant the same; provided, however, that when the provisions of this code require a license to be obtained as a prerequisite to engaging in any business for which a permit is desired, the permit shall be issued by the Community Development Department and only one writing shall be issued for both license and permit. [Formerly numbered Section 19-45; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

3-6-606: DURATION OF PERMIT:

Unless expressly limited by the provisions of this code, permits to engage in business shall continue in force and effect until revoked or suspended. All other permits shall expire upon completion of the activity or act for which granted, but may be sooner revoked or suspended for cause. If the business activity or act for which a permit is issued is abandoned, the permit shall become void. [Formerly numbered Section 19-46; renumbered by Ord. No. 3058, eff. 2/21/87; 2255.]

3-6-607: TRANSFERABILITY:

No permit shall be transferable unless otherwise provided. [Formerly numbered Section 19-47; renumbered by Ord. No. 3058, eff. 2/21/87.]

CHAPTER 6LICENSES

3-6-101: DEPOSIT OF FEES WITH CITY TREASURER; REPORT: