CHAPTER 1
GENERAL LICENSING PROVISIONS
SECTION:
3-1-1: Applications
3-1-2: Persons Subject To License
3-1-3: Forms
3-1-4: Signatures
3-1-5: Investigations
3-1-6: Termination Of License
3-1-7: Building And Premises
3-1-8: Change Of Location
3-1-9: Frontage Consents
3-1-10: Nuisances
3-1-11: Inspections
3-1-12: Revocation
3-1-13: Posting Of License
3-1-1 APPLICATIONS:
Applications for all licenses and permits required by this code shall be made in writing to the clerk, unless otherwise specifically provided by law. Each application shall state the name of the applicant, the permit or license desired, the location to be used, if any, the time covered and the fee to be paid, and each application shall contain such additional information as may be required by the issuing official. (1988 Code)
3-1-2 PERSONS SUBJECT TO LICENSE:
Whenever in this code a license is required for the maintenance, operation or conduct of any business or establishment or for doing business or engaging in any activity or occupation, any person or corporation shall be subject to the requirement if by himself or through an agent, employee or partner, he 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. (1988 Code)
3-1-3 FORMS:
Forms for all licenses and permits and applications therefor shall be prepared and kept on file by the clerk. (1988 Code)
3-1-4 SIGNATURES:
Each license or permit issued shall bear the signatures of the mayor and the clerk in absence of any provision to the contrary. (1988 Code)
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/treasurer 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 Central District health department 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. (1988 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. The city clerk shall have the authority to sign license renewal certificates. All new licensees shall be approved by the city council. (1988 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 city1. (1988 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. (1988 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. (1988 Code)
3-1-10 NUISANCES:
No business, licensed or not, shall be conducted or operated as to amount to a nuisance in fact. (1988 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 is sought to make the inspection or obtain the sample. (1988 Code)
3-1-12 REVOCATION:
Any license, permit or business regulation certificate for a limited time may be revoked by the mayor and city council during the life of such license, permit or business regulation certificate for the violation by the licensee, permittee or business certificate holder of any provision relating to the license, permit or business regulation certificate, the subject of the license, permit or business regulation certificate, or the premises occupied; such revocation may be in addition to any fine imposed. The mayor and council shall be authorized to summarily order the cessation of business, the closing of the premises, and the suspension of any business regulation certificate, license or permit for a period not to exceed fifteen (15) days.
A. Hearing: Within ten (10) days after the city officials have so acted, the mayor shall call a hearing for the purpose of determining whether or not the business regulation certificate, license or permit should be revoked.
B. Notice Of Hearing: Notice of hearing for revocation of a business regulation certificate, license or permit shall be given in writing setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be sent to the certificate holder or permittee at his last known address at least five (5) days prior to the date for the hearing.
C. Hearing Procedures: At the hearing, the certificate holder, licensee or permittee shall be permitted counsel and shall have the right to submit evidence and cross examine witnesses. The mayor shall preside and shall render the decision and recommendation.
D. Causes For Revocation: Business regulation certificates, licenses and permits issued under the ordinances of the city, unless otherwise provided, may be revoked by the mayor and city council after notice and hearing as provided in subsections B and C of this section for any of the following causes:
1. Any fraud, misrepresentation or false statement contained in the application for the business regulation certificate, license or permit;
2. Any violation by the certificate holder, licensee or permittee of ordinance provisions or state law relating to the business regulation certificate, license or permit, the subject matter of the business regulation certificate, license or permit, or the premises occupied;
3. Conviction of the certificate holder, licensee or permittee of any felony or of a misdemeanor involving moral turpitude;
4. Failure of the certificate holder, licensee or permittee to pay any fine or penalty owing to the city;
5. Refusal to permit an inspection or sampling or any interference with a duly authorized city officer or employee while in the performance of his duties in making such inspections, as provided in section 3-1-11 of this chapter. (1988 Code)
3-1-13 POSTING OF LICENSE:
It shall be the duty of any person conducting a licensed business in the city to keep his license posted in a prominent place on the premises used for such business at all times. (1988 Code)
See title 8 of this code.