Chapter 15-48
PUBLIC SAFETY REGISTRATION CERTIFICATES
Sections:
15-48-020 Rules of construction and definitions.
15-48-040 Certificate term—Expiration—Renewal.
15-48-090 Issuance and posting of certificates.
15-48-010 Purpose.
A. The purpose of the regulations adopted by this chapter are as follows:
1. To enable the city to maintain an accurate record of certain multiunit buildings, commercial and industrial establishments;
2. To expedite the city’s ability to ensure compliance with city regulatory ordinances and to insure that the city may identify the party responsible for the condition of the establishment.
B. The registration provided for by the ordinance codified in this chapter is not intended to license any business, profession or occupation, nor is such registration to be construed as an endorsement of the competency or skill of any individual, company, corporation or other entity. Only governmental agencies and other approved charitable and education agencies will be issued certificates without charge. (Ord. 2769 § 1 (part), 1992)
15-48-020 Rules of construction and definitions.
A. The terms used in the text of this chapter shall be interpreted in accordance with the following rules of construction:
1. The singular number includes the plural and the plural the singular.
2. The present tense includes the past and future tenses and the future the present.
3. The word “shall” is mandatory; the word “may” is permissive.
4. The masculine gender includes the feminine and neuter.
5. Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as set forth in the definition thereof, and any word appearing in parenthesis directly after a word herein defined shall be construed in the same sense as that word.
B. The following words and terms wherever they occur in this chapter shall be construed as herein defined.
“Industrial” and “manufacturing business” includes any activity where a product is produced for distribution to any wholesale, retail or service business.
“Multiunit building” includes all residential buildings in the city where there are four or more dwelling units as defined by city code.
“Office” includes any service performed or rendered, whether for profit or nonprofit. Common uses found in this definition shall include but are not necessarily limited to the following activities:
1. Insurance, real estate, financial institutions, finance companies and other similar business and professional offices;
2. Medical clinics, doctors, dentists, lawyers, accountants, architects, designers offices;
3. Business offices, such as district offices, sales offices or branch offices;
4. Any multiple use of the same office facilities will require an individual registration for each separate use.
“Owner” means any individual, firm, association, partnership, corporation, trust or any other legal entity having a sufficient interest in a premises to control the use thereof whether by the owner or by some other entity.
“Person” means any individual, firm, association, partnership, corporation, trust or any other legal entity.
“Premises” includes any place within the city from which is conducted any business activity, whether retail or wholesale, service, industrial, manufacturing, storage or otherwise. (Ord. 2769 § 1 (part), 1992)
15-48-030 Applications.
A. Applications for all public safety registration certificates shall be made to the city clerk in writing on a form provided for that purpose.
B. If the applicant is an individual (sole proprietorship), the application shall contain his name, residence address and residential telephone number. If the applicant is a partnership or other non-corporate business entity, the application shall contain the name and residential address and residential telephone number of each partner, principal or member thereof. If the applicant is a corporation, the application shall contain the name, residential address and residential telephone number of each principal officer and the registered agent thereof.
C. Each application also shall contain: (1) a designation of the type or kind of business, industry, occupation or activity for which a certificate is required; (2) the location or proposed location of the place of business, industry, occupation or activity; (3) the applicable fee to be paid as provided in Section 15-48-070; (4) the number of the certificate of registration required under the Retailer’s Occupation Tax Act, Service Occupation Tax Act, and/or Use Tax Act, if applicable; (5) the name, address and telephone number of a responsible person who can be contacted with regard to the condition of the premises; (6) the name, address and telephone number of the managing agent for multiunit residential buildings; and (7) any such other information as may assist the city in identifying persons who are responsible for the building. If legal title to the building is owned by a land trust, the application must identify a person other than the land trustee who may be contacted by the city with regard to conditions at the building.
D. The required fee for each certificate shall be collected upon application. In no event shall any rebate or refund be made of any fee, or part thereof, by reason of death or by any reason of nonuse of the certificate or discontinuance of the operation for which the certificate was issued, nor shall any fee be prorated during the year. (Ord. 2769 § 1 (part), 1992)
15-48-040 Certificate term—Expiration—Renewal.
A. Each certificate shall indicate its term. All certificates shall be operative for a twelve-month period, commencing on January 1st. Except where otherwise provided in this chapter, every certificate shall expire on the thirty-first day of December following the date of issuance.
B. The clerk shall endeavor to notify each certificate holder of the expiration date of the certificate at least twenty-one (21) days prior to such expiration date; provided, however that a failure to make such notification or the certificate holder’s failure to receive it, shall not excuse the certificate holder from the obligation to obtain a new certificate or renewal.
C. Except as otherwise provided in this chapter, each certificate may be renewed upon proper application and payment of the required fee. The requirements and procedures for granting a renewal certificate shall be the same as the requirements and procedures for granting a new certificate.
D. For the initial certificate period following the adoption of the ordinance codified in this chapter, all certificates shall commence on May 1, 1992 and expire on December 31, 1992. (Ord. 2769 § 1 (part), 1992)
15-48-050 Unlawful use.
A. No certificate may be assigned, sold, loaned, transferred, used as collateral or otherwise encumbered. No person, firm or corporation shall use or display any certificate which has been improperly acquired.
B. No person, firm or corporation shall alter, deface, forge, or counterfeit any certificate issued by the city. (Ord. 2769 § 1 (part), 1992)
15-48-060 Location.
The certificate is not to be deemed a business license. Accordingly, the location at which such certificate (or certificates) issue may not be changed. In the event that the type of use of the premises (or a portion thereof) changes, the existing certificate for the premises (or part thereof) shall be cancelled and it shall be necessary to obtain a certificate for the new use thereof. (Ord. 2769 § 1 (part), 1992)
15-48-070 Fees.
The annual fee for each public safety registration certificate shall be one hundred fifty dollars ($150.00). (Ord. 3316 § 2 (part), 2015: Ord. 3221 § 37, 2009: Ord. 2769 § 1 (part), 1992)
15-48-080 Records.
The offices of the city clerk, the planning department, police department and fire department shall each maintain a copy of the certificate for use within their respective departments. (Ord. 2769 § 1 (part), 1992)
15-48-090 Issuance and posting of certificates.
A. Subject to the terms and provisions of this chapter, upon payment in full of the required fee to the city, the city shall issue a certificate which shall be displayed by the owner in a conspicuous place. For multiunit residential buildings, in lieu of the posting of such certificate on the premises, the owner or managing agent shall maintain such certificate at his or her principal place of business. In addition, owners of multiunit buildings shall cause to be posted in a prominent place in a common area accessible from the public way or affixed to the building so as to be visible from the public way, the name, address and telephone number of the owner; his agent for the purpose of collecting rents and any other person managing or controlling such building.
B. There shall be a certificate for each place of business or location. For the purpose of this chapter, a place of business shall be defined as a building or series of connected buildings on one lot or parcel of ground, and be operated or owned by the same person and conducting the same general business or industrial activity.
C. Where two or more separate businesses or industries, separately owned or operated, share floor/land space in the same building or on the same parcel of ground, then each shall be deemed a separate business or industry and shall be required to obtain a separate certificate.
D. No person shall destroy, obliterate, take, remove or carry away without the consent of the owner, any certificate which has been issued by the city, except when such certificate has been discontinued or the premises have been abandoned. (Ord. 2769 § 1 (part), 1992)
15-48-100 Effective date.
The provisions of this chapter shall take effect beginning on May 1, 1992. (Ord. 2769 § 1 (part), 1992)
15-48-110 Violation—Penalty.
Any person, firm or corporation found guilty of a violation of this chapter shall, upon conviction be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. Each day that a violation continues unabated shall be deemed a separate and distinct offense. (Ord. 2769 § 1 (part), 1992)