CHAPTER 11.04:
GENERAL LICENSING PROVISIONS
Section
11.04.010 Licenses required to engage in certain trades, businesses, or professions
11.04.020 Application for license
11.04.030 Standards; issuance of license
11.04.040 Date and duration of license
11.04.050 License not transferable
11.04.060 License certificate to be displayed
11.04.070 Revocation or suspension
11.04.010 LICENSES REQUIRED TO ENGAGE IN CERTAIN TRADES, BUSINESSES, OR PROFESSIONS.
No person shall engage in any of the trades, businesses, or professions for which licenses are required by any provision of this code or any other ordinance of the city without first applying for and obtaining a license from the Clerk-Treasurer or other duly authorized issuing authority.
Penalty, see § 1.04.999
11.04.020 APPLICATION FOR LICENSE.
(A) All original applications for licenses, unless otherwise specifically provided, shall be made to the Clerk-Treasurer in writing upon forms to be furnished by him or her and shall contain:
(1) The name of the applicant and of each officer, partner, or business associate;
(2) His or her present occupation and place of business;
(3) His or her place of residence for five years next preceding the date of application;
(4) The nature and location of the intended business or enterprise;
(5) The period of time for which the license is desired;
(6) A description of the merchandise to be sold, if for a vendor;
(7) Such other information concerning the applicant and his or her business as may be reasonable and proper, having regard to the nature of the license desired.
(B) Renewal of an annual license may be granted to a licensee in good standing upon the original application, unless otherwise provided.
(C) With each original or renewal application, the applicant shall deposit the fee required for the license requested.
(D) It shall be unlawful to knowingly make any false statement or representation in the license application.
Penalty, see § 1.04.999
11.04.030 STANDARDS; ISSUANCE OF LICENSE.
(A) Upon receipt of such application for a license, accompanied by the proper fee, if approval by another officer or department is not required, the Clerk-Treasurer shall forthwith deposit the fee in the General Fund of the city and issue to the applicant a proper license certificate signed by the Clerk-Treasurer and any other appropriate city official. If for any reason the license is not issued, the license fee shall be returned to the applicant.
(B) Upon receipt of an application, an investigation of the applicant’s business reputation and moral character shall be made.
(C) The application shall be approved unless such investigation discloses tangible evidence that the conduct of the applicant’s business would pose a substantial threat to the public health, safety, morals, or general welfare. Tangible evidence of any of the following will constitute valid reasons for disapproval of an application:
(1) The applicant has been convicted of a crime of moral turpitude;
(2) The applicant has made willful misstatements in the application;
(3) The applicant has committed prior violations of ordinances pertaining to itinerant merchants, peddlers, solicitors, and the like;
(4) The applicant has committed prior fraudulent acts;
(5) The applicant has a record of continual breaches of solicited contracts; or
(6) The applicant has an unsatisfactory moral character.
11.04.040 DATE AND DURATION OF LICENSE.
(A) A license shall not be valid beyond the expiration date therein specified and, unless otherwise provided, shall not extend beyond December 31 of the year issued. However, at any time after December 14, licenses may be issued for the ensuing calendar year. Unless otherwise specified, the full annual fee will be required of licensees irrespective of the date of issue of the license.
(B) In no event shall a license be granted to any business or any person for a longer time than one year.
11.04.050 LICENSE NOT TRANSFERABLE.
Every license shall be issued to a real party in interest in the enterprise or business, and unless otherwise provided, no license shall be assigned or transferred.
Penalty, see § 1.04.999
11.04.060 LICENSE CERTIFICATE TO BE DISPLAYED.
Every licensee carrying on business at a fixed location shall keep posted in a prominent place upon the licensed premises the license certificate. Other licensees shall carry their license certificates at all times and whenever requested by any officer or citizen, shall exhibit the license.
Penalty, see § 1.04.999
11.04.070 REVOCATION OR SUSPENSION.
A license granted under this chapter may be suspended or revoked for any of the following reasons:
(A) Any fraud or misrepresentation contained in the license application;
(B) Any fraud, misrepresentation, or false statement made in connection with the business being conducted under the license;
(C) Any violation of this chapter;
(D) Conviction of the licensee of any felony, or conviction of the licensee of any misdemeanor involving moral turpitude; or
(E) Conducting the business licensed in an unlawful manner or in such a way as to constitute a menace to the health, safety, morals, or general welfare of the public.
11.04.080 APPEAL AND REVIEW.
(A) Any person aggrieved by a decision under §§ 11.04.030 or 11.04.070 shall have the right to appeal to the Common Council. The appeal shall be taken by filing with the Common Council, within 14 days after notice of the decision has been mailed to such person’s last known address, a written statement setting forth the grounds for appeal. The Common Council shall set the time and place for a hearing, and notice for such hearing shall be given to such person by mail at his or her last known address, at least ten days prior to the date set for the hearing.
(B) The order of the Common Council after the hearing shall be final.
11.04.090 EXEMPTIONS.
The provisions of this chapter shall not apply to any business, occupation or profession which is exempt from municipal licensing or license taxes pursuant to state or federal law.