4-6
LICENSING PROCEDURE.1
4-6.1 License Required.
It shall be unlawful for any person to commence or carry on any business, trade, profession or occupation within the City without first having procured a license from the City and without complying with all applicable provisions of this chapter. (Code 1972 §17-23)
4-6.2 Separate License Required for Each Place of Business; Exception.
A separate license must be obtained for each branch establishment or separate place of business carried on under the same ownership; however, warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be a separate place of business or branch establishment. (Code 1972 §17-24)
4-6.3 Concessionaires to Obtain License.
Each person who operates any business as a concession, whether upon a lease, sublease or contractual basis, or upon rented floor space in or upon the premises of any person licensed under any provision of this chapter shall be required to obtain a separate and independent license pursuant to the appropriate provisions of this chapter, and shall be subject to all the provisions of this chapter. (Code 1972 §17-25)
4-6.4 Resolution of Conflicts Over License Classification; Review Board.
a. There shall be a Review Board consisting of the License Collector, the City Manager and the City Attorney, which shall review all license classifications as the need shall arise.
b. A majority of the Review Board shall constitute a quorum. The decision of the Board shall be by a vote of the majority of those present at a meeting and voting.
c. In the event a license classification shall be disputed by an applicant for a license, the City Manager shall fix a time and place for an administrative hearing. The City Clerk shall give notice of the hearing to the applicant by depositing the notice in the United States mail, postage prepaid at least five (5) days before the date set for the hearing. The notice shall be caused to be mailed as certified or registered matter and shall be addressed to the applicant at the address contained in his application or delivered to him personally. The notice shall contain the following:
1. The time and place of the hearing.
2. A direction to the applicant that he may appear at said hearing and offer any testimony or other evidence relevant to the issues at said hearing he may desire.
d. At the hearing held pursuant to this subsection, the Review Board shall read and consider the report of the License Collector and hear and consider all relevant and competent evidence presented by the applicant.
e. The decision of the Review Board shall be final except that the applicant for the license may appeal the decision of the Review Board to the City Council by filing a written notice of appeal with the City Clerk within five (5) days from the date that the Review Board has rendered its decision and applicant has received written notice by registered or certified mail addressed to the address contained in his application or delivered to him personally. If the appeal is filed in accordance with the paragraph, the City Council shall at its next regularly scheduled meeting set down the appeal for a public hearing not less than forty (40) days from the date of the meeting. The applicant shall be notified of the public hearing in the same manner as required for notice of hearing before the Review Board. The action of the City Council shall be final.
(Code 1972 §17-26)
4-6.5 Exemptions from the Requirement of a License or the Payment of Fees.
a. Generally. Nothing in this chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or statutes of the United States or the State from the payment of license fees to municipal corporations.
b. Veterans. Each honorably discharged or honorably relieved member of the armed service of the United States, who served in any state of emergency as declared by the President of the United States or war as declared by the Congress of the United States, who is physically unable to obtain a livelihood by manual labor and who is a voter of this State, may distribute circulars, and hawk, peddle and vend any goods, wares or merchandise, except spirituous or other intoxicating liquor, without payment of any license tax or fee whatsoever, the License Collector shall issue to such veteran, without cost, a license therefor, provided the veteran exhibits his honorable discharge certificate and certificate of disability issued by a United States armed service.
c. Handicapped or Indigent Persons. The City Council, upon written evidence received from charitable organizations, the License Collector or other competent sources, that any person by reason of physical infirmity, unavoidable misfortune or poverty merits exemption from the operation of any license required by any provision of this chapter or by any other ordinance of the city, may allow such person an exemption from the payment of the license fee for the conduct of any one business licensed by any provision of this chapter or by any other ordinance of the city, or may grant such person without cost, a license to peddle or solicit within the city.
d. Interstate Or Foreign Commerce: Nothing in this chapter shall be construed as imposing a license fee on or otherwise regulating or restricting foreign or interstate commerce or any business or portion thereof which is embraced in the terms “interstate commerce” or “foreign commerce”.
Each person claiming to be entitled to an exemption from the payment of any license fee upon the grounds that such license casts a burden upon his rights to engage in interstate commerce shall file a statement with the license collector disclosing the interstate or other character of his business entitled to such exemption.
If it appears to the satisfaction of the license collector that the applicant is entitled to the exemption, the license collector shall issue, without cost, a license.
e. Specified Performers And Entertainers At City Sponsored Events: Nothing in this chapter shall be construed to require payment of a business license fee by any performer or entertainer engaged by the city to provide entertainment at seasonal/occasional city sponsored events, provided that such performers or entertainers have no fixed place of business in the city and are not otherwise engaged in the business of providing entertainment for profitmaking purposes in the city.
f. Recreation Instructors: Nothing in this chapter shall be deemed or construed to require the payment of any business license tax prescribed in this chapter by any person engaged in the business of recreation instruction for programs or activities conducted or sponsored by the city.
g. Revocation Of Exemption: At any time that it shall appear to the satisfaction of the granting authority that any of the conditions of this chapter meriting exemption from license requirements do not exist as to any person to whom the exemption has been allowed, the granting authority may revoke the exemption and the license issued. (Code 1972 §17-27; Ord. #1065, §1; Ord. #1435, §2; Ord. #1581, §§1-4)
4-6.6 Refusal To Issue License:
No license shall knowingly be issued pursuant to this chapter for any succeeding current or unexpired license period to any person who at the time of requesting any new license is indebted to the city for any unpaid license fee or for any unpaid city retail sales tax2. (Code 1972 §17-28)
4-6.7 Identification Cards As Prerequisite To Issuance For Specified Businesses:
Each hawker, peddler or solicitor who does not have a fixed place of business within the city and every massage parlor operator, private detective, private investigator, private police patrol and taxi driver, whether or not having a fixed place of business in the city, shall obtain an identification card from the police department of the city which must be presented to the license collector before any license may be issued pursuant to this section. (Code 1972 §17-29)
4-6.8 Filing Fee To Accompany Written Application:
No license3 shall be issued pursuant to this chapter to any person where intoxicating liquor is to be sold, given away or dispensed before a written application for the license is executed by the person on forms provided for that purpose by the license collector, accompanied by a filing fee in an amount established by resolution of the city council. (Code 1972 §17-30; Ord. #10-41, §1, Ord. #1140, §21)
4-6.9 Additional Requirements For Coin Operated Devices:
a. Each person furnishing to established places of business, or owning or having control over any coin machine whatsoever which is placed for the use of the public, except machines owned by the owner of the place of business in which the machines are located, shall secure the license required by the following sections:
1. For coin operated vending machines subsection 4-7.9 of this article, and
2. For washing machines and dryers subsection 4-7.9 of this article.
b. Any person required to obtain a license pursuant to subsection 4-6.9a of this section shall submit to the license collector, within forty five (45) days following the close of the calendar year for which the license was secured, a statement, on a form prescribed by the city clerk, of the aggregate gross receipts derived by such individual or firm from the placement and/or operation of coin operated machines within the city during the year for which the license is valid. The payment of the license fee shall accompany the statement.
c. Any person required to obtain a license pursuant to subsection 4-6.9a of this section shall file with the license collector a true and correct list of the various coin operated machines within the city which he owns or has control over, giving the exact location, number and type of the coin operated machines.
d. The city clerk may demand an audit of any person required to obtain a license pursuant to subsection 4-6.9a of this section and may require him to submit a copy of the state sales and use tax returns filed relative to such machines (where such a filing is required), and a copy of any other tax statement filed with any government entity by him or by any other individual or firm owning, renting, leasing, or operating such machines, disclosing the gross receipts received from owning, renting, leasing, or operating such machines. (Code 1972 §17-31; Ord. #941, §3)
4-6.10 Certificate Of Registration Prerequisite To Issuance Of License To Perform Contracting Service:
Before any license may be issued pursuant to this chapter by the license collector to perform any contracting service as defined in the contractors’ license law of the state business and professions code, a valid certificate of registration shall first be presented. (Code 1972 §17-32)
4-6.11 Certificate Of Occupancy Prerequisite To Issuance Of License To Commence Business In Any Structure4:
Before any license may be issued pursuant to this Chapter by the License Collector to commence any business in any structure, a certificate of occupancy shall be first obtained from the Building Code of the City. (Code 1972 §17-33)
4-6.12 Written Approval Of Health Officer Prerequisite To Issuance Of License To Prepare Or Vend Food:
Before any license may be issued pursuant to this Chapter by the License Collector to commence the business of manufacturing, preparing, hawking, storing, serving, selling, offering for sale or giving away any food intended for human consumption, written approval shall first be obtained from the Health Officer of the City. (Code 1972 §17-34)
4-6.13 Issuance Generally; Occupancy Inspection Fee:
Upon the payment of the fee for a license as prescribed by this Chapter, the License Collector shall prepare and issue a license as provided in this Chapter to every person required to obtain a license by this Chapter. In addition to the license fees prescribed elsewhere in this Chapter, an applicant for a new license, as distinguished from the renewal for a succeeding current or unexpired license, shall pay an occupancy inspection fee in an amount established by resolution of the City Council. (Code 1972 §17-35; Ord. #959, §1; Ord. #1041, §3; Ord. #1140, §22)
4-6.14 Contents Of License:
A license issued as provided in this Chapter shall be prepared on a prenumbered form convenient for its use, and shall contain the following information:
a. The type of business or profession to be licensed.
b. The number of persons employed, where required.
c. The license fee for the business.
d. The period of time covered by the license.
e. The owner or person conducting the business.
f. The name of the business.
g. The address of where the business is to be conducted.
h. Such other information as may be deemed necessary for the enforcement of this Chapter. (Code 1972 §17-36)
4-6.15 Duration Generally:
No license shall be issued for any period of time other than as provided for in this Chapter. (Code 1972 §17-37)
4-6.16 Issuance Of Duplicate License; Grounds:
A duplicate license may be issued by the License Collector to replace any license previously issued under this Chapter which has been lost or destroyed, after the licensee files an affidavit attesting to such fact. (Code 1972 §17-38)
4-6.17 Transferability:
No license issued pursuant to this Chapter shall be transferable. (Code 1972 §17-39)
4-6.18 Display Or Possession Of License:
All licenses issued pursuant to this Chapter shall be kept and posted in the following manner:
a. Any licensee transacting and carrying on a business at a fixed location in the City shall keep his license posted in a conspicuous place upon the premises where his business is being transacted or carried on.
b. Any licensee transacting and carrying on a business, but not at a fixed location in the City, shall keep the license upon his person at all times while transacting and carrying on his business within the City. (Code 1972 §17-40)
4-6.19 Attachment Of License Device Or Sign To Vehicle:
Any licensee using a vehicle in the conduct of his business licensed pursuant to this Chapter shall keep attached to each such vehicle a device or sign issued by the License Collector for the vehicle while transacting and carrying on the business within the City. (Code 1972 §17-41)
4-6.20 Failure To Exhibit License Upon Request:
Any person who fails to exhibit his license issued pursuant to this Chapter upon request of the License Collector or his deputies shall be guilty of a misdemeanor and subject to the penalties provided by this Chapter. (Code 1972 §17-42)
4-6.21 Changing Location Of Licensed Business; Certificate Of Occupancy:
Any license issued pursuant to the provisions of this Chapter may be amended to authorize the continuance of the same business at a new location to which the business is to be relocated, subject to obtaining a certificate of occupancy, as provided for in the Building Code of the City, for the new location. (Code 1972 §17-43)
4-6.22 Requirements For Premises:
No license required by this Chapter to conduct a business, occupation or profession at a particular address in the City shall be issued by the License Collector in accordance with this Chapter, until all buildings, or structures to be occupied in connection with such business, occupation or profession have been inspected by the Building Official and have been found by him to comply with all requirements of this Code and other ordinances of the City, including the City Building Code, and the laws of the State, for the particular type or class of occupancy contemplated under the license. (Code 1972 §17-44)
4-6.23 Temporary Permit:
The License Collector, may, in his discretion, upon the filing of an application for a license pursuant to this Chapter and pending a final decision on the issuance of such a license, issue a temporary permit to conduct the business described in the application for a period not to exceed ninety (90) days. The temporary permit shall state specifically that it is of a temporary, provisional nature and that it will expire automatically once the License Collector has determined to either issue or deny the issuance of the business license for which application has been made. A person issued a temporary permit shall, at the time of the issuance, pay a fee equal to that required for the business license for which application has been made. In the event a business license is subsequently issued, the amount paid for the temporary permit shall be credited toward the amount otherwise due for the business license. In the event the business license is not subsequently issued, then the fee paid for the temporary permit shall be refunded, less an amount equal to the ratio between the number of days the temporary permit remained in force and the period of time covered by the business license, if it had been issued. (Code 1972 §17-45; Ord. #959, §2)
Cross reference: Special permit, when required, as prerequisite to issuance of license for revenue purposes, subsection 4-8.2.
See Section 6-2 et seq. of this code.
See subsection 4-7.9a of this code.
See Subsection 11-3.1.