CHAPTER 110:
Business Licenses and Other Regulations
Section
General Provisions
110.01 False weights and measures prohibited
Business Licenses
110.15 License certificates; exhibition
110.17 Transfer of license; change of location; additional equipment
110.18 Revocation of license; hearing
GENERAL PROVISIONS
110.01 FALSE WEIGHTS AND MEASURES PROHIBITED.
No person shall knowingly use any false scale, beam, weight or measure in the purchase, receipt or delivery of any goods, articles or property purchased, sold, received or delivered by weight or measure knowing the same to materially inaccurate and different from the standard by the laws of the state, or deliver any goods, articles or property known to be weighed or measured on any inaccurate weight or measure.
(’81 Code, § 18.05) Penalty, see § 10.99
BUSINESS LICENSES
110.10 LICENSE REQUIRED; FEES.
(A) No person shall engage in any trade, profession, business, or privilege in the city for which a license is required by this code without first obtaining such license from the city in the manner provided in this chapter, unless otherwise specifically provided. (’81 Code, § 17.01)
(B) The fees required for any license shall be paid at the office of the Treasurer before the granting of the license. Unless otherwise provided, no license fee shall be prorated for a portion of a year and no license fee paid shall be refunded. (’81 Code, § 17.03)
Penalty, see § 10.99
110.11 APPLICATION.
Unless otherwise provided, application for a license shall be made to the Clerk upon forms provided by the city and the applicant shall state the location of the proposed activity and such other facts as may be required for or be applicable to the granting of such a license.
(’81 Code, § 17.02)
110.12 BOND AND INSURANCE.
Any required bond shall be executed by two sureties or a surety company and be subject to the approval of the Mayor and City Council. Where policies of insurance are required, such policies shall be approved as to substance and form by the City Attorney. Satisfactory evidence of coverage by bond or insurance shall be filed with the Clerk before the license is issued.
(’81 Code, § 17.04)
110.13 APPROVAL OR REFUSAL.
(A) Where the approval of any city officer or state officer is required prior to the issuance of any license such approval must be presented to the Clerk before any license is issued.
(B) No license shall be approved by any city officer or issued by the Clerk if it appears that the conduct of the activity for which a license is sought will be contrary to the health, safety or welfare of the public or any regulation, law or ordinance applicable to such activity.
(’81 Code, § 17.05)
110.14 TERM; RENEWAL.
(A) License term.
(1) Unless otherwise provided, the term of the license year shall begin on May 1 and end on April 30 of the succeeding year.
(2) Where the issuance of licenses for periods of less than one year is permitted, the effective date of such license shall commence with the date of issuance. (’81 Code, § 17.06)
(B) Renewals. License renewals shall be issued in the same manner and be subject to the same conditions as the original licenses. (’81 Code, § 17.10)
110.15 LICENSE CERTIFICATES; EXHIBITION.
(A) License certificates shall show the date of issuance, the activity licensed and the term of the license, and shall be signed by the Mayor and Clerk, and impressed with the city seal. (’81 Code, § 17.07)
(B) Every licensee shall carry his license certificate upon his person at all times when engaged in the activity for which the license was granted; except that where such activity is conducted at a fixed place or establishment, the license certificate shall be exhibited at all times in some conspicuous place in his place of business. The licensee shall exhibit the license certificate when applying for a renewal and upon demand of any police officer or person representing the issuing authority. (’81 Code, § 17.08)
Penalty, see § 10.99
110.16 LICENSE STICKER.
Upon payment of the license fee, the Clerk in addition to issuing the license to the applicant as provided in this chapter, shall also issue a sticker showing payment of the license fee and the period that the license is in effect. The applicant shall place the sticker where it can be readily seen. In the case of machines or devices, the sticker shall be placed on each machine and device where it can be seen.
(’81 Code, § 18.02) Penalty, see § 10.99
110.17 TRANSFER OF LICENSE; CHANGE OF LOCATION; ADDITIONAL EQUIPMENT.
(A) Unless otherwise provided, no license shall be transferable to another person without the authorization of the City Council. (’81 Code, § 17.09)
(B) If any licensee moves to another location or purchases any additional equipment, devices or machines to replace an old or worn-out machine, device or equipment and desires to make a transfer of the new equipment, device or machine, he shall notify the Clerk of the change of location or transfer of the license from an old to a new machine or device. The change or transfer of license shall not be valid until notice is given to the Clerk. (’81 Code, § 18.03)
Penalty, see § 10.99
110.18 REVOCATION OF LICENSE; HEARING.
(A) Any license issued by the city may be suspended or revoked by the City Council for any of the following causes:
(1) Fraud, misrepresentation or incorrect statement contained in the application for license, or made in carrying on the licensed activity.
(2) Conviction for any felony.
(3) Conducting such licensed activity in such manner as to constitute a breach of peace, or a menace to the health, safety or welfare of the public, or a disturbance of the peace or comfort of the residents of the city, upon recommendation of the appropriate city official or officials.
(4) Expiration or cancellation of any required bond or insurance.
(5) Actions unauthorized or beyond the scope of the license granted.
(6) Violation of any regulation or provision of this code applicable to the activity for which the license was granted, or any regulation or law of the state so applicable.
(7) Failure to continuously comply with all the conditions required as precedent of the approval of the license.
(’81 Code, § 17.11)
(B) Any person aggrieved by the action of any city official in denying or revoking a license shall have the right to a hearing before the City Council on any such action, provided a written request therefor is filed with the Clerk within ten days after receipt of the notice of such suspension. The City Council may grant such license or confirm any suspension or revocation or reinstate any such license. The action taken by the City Council after a hearing shall be final. (’81 Code, § 17.12)
110.19 INSPECTIONS.
The appropriate city official or officials may enter upon the premises where any licensed activity is being conducted for the purpose of inspection.
(’81 Code, § 17.13)
110.20 FEE SCHEDULE.
The businesses and occupations for which a license is required and the fee therefor shall be as follows:
Billiards, bagatelle, pigeon hole, pool or other table or instrument used for a similar purpose, one year $2 per table
Bowling establishment, pin or ball or box ball or like lane, one year $2 per lane
Shooting gallery, one year $5
Pinball, or other electronic device of similar nature, one year $20 per game
Itinerant merchants and transient vendors of merchandise
per day $15
per week $50
per month $200
Second hand dealers, per annum $10
Pawnbrokers, per annum $50
Peddlers of fresh fish, per day $3
Peddlers of melons or fruit, per day $3
Peddlers (other than peddlers of fish, melons or fruit)
per day $7.50
per week $30
per six months $150
per year $225
Keepers of fruit, candy, ice cream, popcorn and peanut stands or wagons for the sale of any other article or thing, not prohibited by law or ordinance on the sidewalks or street
per day $2
per annum $25
Circuses and menageries or either
when one ring only $15 per day
when more than one ring $25 per day
Other shows under canvass and not inside a building (other than circuses or menageries)
per day $5
per week $10
Moving picture theaters $25 per annum
Skating rinks $25 per annum
Merry-go-rounds, circular swings, or other similar devices not otherwise provided for elsewhere in this chapter
per day $5
For each day thereafter $2
All places of public amusement other than those herein mentioned
per day $3
per quarter $25
per annum $100
Yard and garage sales shall be required under the following circumstances: Any garage sale which is conducted for more than two continuous days during any one month. Any garage sale which is conducted on more than three occasions during one month. In no event shall this provision be construed as allowing an individual to conduct garage sales for six days during any one month. The fee for the permit shall be $10. This provision shall apply only to garage sales or retail sales conducted from a private residence property.
(’81 Code, § 18.01)