Chapter 5.05
LICENSING
Sections:
5.05.010 License required – Display.
5.05.020 Application for license – Citizenship.
5.05.050 Complaint – Revocation.
5.05.060 General fee schedule.
5.05.010 License required – Display.
(A) No person shall conduct, engage in, operate, maintain, carry on, or manage any business, occupation, thing, or device for which a license is required by any provision of this title without the license first having been procured for the business, occupation, thing, or device as herein provided. In any case where a license is required to be procured, the license shall be granted and issued by the City Controller, unless otherwise specifically provided in this title.
(B) Every license so issued shall bear the name and address of the licensee, the nature or kind of business, occupation, thing, or device licensed, the amount of the fee paid, the period for which the license is issued, the street address where the business, occupation, thing, or device is located, and other material information as the City Controller shall prescribe. The City Controller may also issue a decal or other emblem as part of the license and when so issued it shall be affixed as hereafter set forth.
(C) It shall be unlawful for any person to whom a license has been issued under any provision of this title not to display the license prominently at the street address shown thereon, or if no street address is shown thereon, then at the address where the business, occupation, thing, or device is located. If the license pertains to a vehicle of any type, the license shall be affixed to the vehicle in a prominent location thereon.
(D) No person to whom a license has been issued under any provision of this title and for which the City Controller also issues a decal or other emblem shall fail to affix the decal or other emblem to the thing or device for which the license was issued. [1962 Code § 701.01; 1982 Code § 112.01; 1983 Code § 11.112.01.]
5.05.020 Application for license – Citizenship.
Every application for a license required under this title, except for those licenses specifically excepted, shall be made in writing to the City Controller, who shall provide forms for that purpose. Every application for a license shall contain the name of the person applying and the place of business of the applicant. If the applicant is a partnership or firm, the application shall contain the names and residence addresses of all its members; if a limited partnership, the names and residence addresses of the general partners thereof; if a corporation, the names and residence addresses of its principal officers. In addition to these statements, there shall be set forth other material information as the City Controller shall prescribe. Whenever a license is not approved or is refused, any license fee paid in advance shall be refunded to the applicant. The application for any business license shall include certification from the Area Plan Commission that the proposed use of the premises conforms with applicable zoning codes. [Ord. G-73-4, passed 3-5-73. 1962 Code § 701.02; 1982 Code § 112.02; 1983 Code § 11.112.02.]
5.05.030 Term – Renewal.
(A) All licenses shall expire on December 31st of the year of issuance except as may be provided in this title. All annual licenses shall be taken out and dated as of January 1st, and all semiannual licenses shall be taken out and dated as of January 4th, as the case may be, of each year.
(B) All licenses, annual or semiannual, shall be taken out by the person required to obtain the license before engaging in the business for which a license is required. However, an applicant for renewal of any annual or semiannual license shall have 60 days from the expiration of his existing license within which to obtain a renewal license. All other licenses shall be dated as of the date of issuance thereof. The holder of any existing annual or semiannual license which, by its terms, will not expire on the next ensuing January 1st, as the case may be, shall obtain a new annual or semiannual license as provided in this title. Credit shall be given to the applicant for the unexpired time in proportion the same bears to the whole license period. Unless otherwise expressly provided by law or by this title, the license fee for the entire year, or for the six-month period in the case of semiannual licenses, shall be paid by each person applying for a license, irrespective of the date of application therefor. The applicant shall not be entitled to any refund or credit on any renewal. The Controller shall endorse on each license issued by him the license fee charged therefor and credit, if any, by him allowed. [1962 Code § 701.04; 1982 Code § 112.03; 1983 Code § 11.112.03.]
5.05.040 Transferability.
Unless otherwise provided in this title, all licenses issued by the City Controller are nontransferable. [1962 Code § 701.05; 1982 Code § 112.04; 1983 Code § 11.112.04.]
5.05.050 Complaint – Revocation.
(A) The City Controller shall, on reasonable notice of not less than three days to the person complained of, hear any complaint against any person to whom a license has been issued. At the revocation hearing, all interested parties may present testimony of witnesses and all relevant evidence. The person to whom a license has been issued shall have the right to appear by counsel and may present any relevant evidence in his behalf. If the City Controller decides to revoke a license, the person to whom the license was issued may appeal the decision of the Controller to the Board of Public Safety by giving written notice to the board within 30 days of the date of the decision of the Controller.
(B) At the hearing before the Board of Public Safety, if it is found that the person complained of has willfully violated any of the terms or conditions of his license, or has willfully done, authorized, or permitted to be done any act in violation of the law or the ordinances of the City relating to the business or place of business licensed, the Safety Board shall revoke or suspend the license. The Safety Board shall file a copy of its findings and determinations with the City Controller within 24 hours after its decision is rendered. If the Safety Board revokes the license of any licensee, the revocation shall be effective from and after the date of the filing of the revocation with the City Controller. No refund of the whole or any part of any license fee paid shall be made to any licensee whose license has been revoked, as provided in this section. [1962 Code § 701.09; 1982 Code § 112.05; 1983 Code § 11.112.05.]
5.05.060 General fee schedule.
|
Business |
Fee |
|---|---|
|
All other circuses, dog and pony shows, wild west shows and menageries |
$75.00 per day |
|
Dogs (for licensing provisions, see EMC 6.05.030) |
|
|
For keeping or harboring any dog |
$1.00 annually |
|
Hotels, inns, and public lodging houses (for licensing provisions, see EMC 5.50.050 through 5.50.070) |
|
|
For each hotel, inn, or public lodging house operated for hire or rent |
$0.50 per room annually |
|
Massage therapy clinic or massage therapy school |
$50.00 annually |
|
General massage therapist |
$40.00 annually |
|
Limited massage therapist |
$20.00 annually |
|
Pawnbrokers (for licensing provisions, see EMC 5.15.010 through 5.15.050) |
|
|
For pawnbrokers, for each place of business |
$100.00 annually |
|
Peddlers, retail (for licensing provisions, see EMC 5.20.010 and 5.20.020) |
|
|
For peddlers, including hucksters, hawkers, itinerant peddlers, and persons taking orders or selling by sample: When using wagon, cart or motor or other vehicle, not manually propelled, from which sales are made |
$30.00 semiannually or $50.00 annually |
|
All other peddlers |
$3.00 semiannually or $5.00 annually |
|
Special policemen (for licensing provisions, see EMC 5.50.120) |
|
|
For each special policeman |
$5.00 annually |
|
Taxicab drivers (for licensing provisions, see EMC 5.40.050) |
|
|
For each taxicab driver |
$10.00 annually |
[Ord. G-98-6, passed 2-9-98; Ord. G-97-22, passed 10-27-97; Ord. G-97-21, passed 10-27-97; Ord. G-75-17, passed 7-28-75; Ord. G-70-11, passed 6-15-70; Ord. G-68-21, passed 10-28-68. 1962 Code § 701.06; 1982 Code § 112.06; 1983 Code § 11.112.06.]
5.05.070 Penalty.
Any person who violates any provision of this chapter shall be subject to the penalties set forth in EMC 1.05.180. [1982 Code § 112.99; 1983 Code § 11.112.99.]
Cross-reference: Licensing of tradesmen, EMC 5.70.030 through 5.70.160.