ARTICLE I. IN GENERAL
26-1 Enforcement.
The provisions of this chapter shall be enforced by the administrator and his duly authorized representatives. They shall be authorized to enter, during normal business hours, for purposes of enforcement of this chapter, any building or premises for which a current license is in effect or for which a license has been applied. A license can be denied, revoked or suspended if entry to the building where the license will be in effect is refused during its normal business hours.
(Code 1985, § 8-18)
26-2 Provisions complementary and supplemental.
The provisions of this chapter, together with other relevant provisions of any other chapter or section of this Code, or the provisions authorized or required by state law, and any and all provisions thereof relative to licenses, permits, businesses, trades, occupations, premises or anything connected therewith shall be construed to be complementary and supplemental to each other so far as relevant, and unless otherwise prescribed or inconsistent herewith, shall constitute a part of the regulations and conditions applicable generally to any particular license in the same manner as though these provisions were fully written into each separate chapter or section.
(Code 1985, § 8-16)
26-3 License defined.
For purposes of the articles inclusive of chapter 26, “Businesses”, the word “license” may be interchanged with the word(s) “permit”, “registration” and/or “certificate”.
(Ord. No. 2089, 1-14-99)
26-4 Penalties.
Violations of any provisions of this chapter herein adopted shall be deemed a municipal civil infraction, punishable by a fine of not less than $300.00, or more than $1,000.00; plus any costs, damages, expenses, and other sanctions. This article is further subject to the repeat offender provision of this Code. This provision states that increased civil fines may be imposed for repeated violations by a person of any requirement or provision of this article. As used in this article, “repeat offense” means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision (i) committed by a person and (ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this article shall be as follows:
(1) The fine for any offense which is a first repeat offense shall be no less than $500.00, plus costs.
(2) The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than $750.00, plus costs.
A violation includes any act which is prohibited or made or declared to be unlawful or an offense by this chapter or any ordinance; and any omission or failure to act where the act is required by this chapter or any ordinance.
Further, each day on which any violation of this article continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense. In addition to any other remedies available at law, the city may bring in the local district court an injunction or other process against a person or company to restrain, prevent, or abate any violation of this article.
(Ord. No. 2089, 1-14-99)
26-5 Licensing committee.
(a) Created; purpose. There is hereby created a licensing committee who shall advise the Board of Appeals (created under the Housing Law of Michigan) on matters relating to the denial, revocation or suspension of business license certificates of compliance or liquor license certificates of compliance as required by City ordinances requiring licensing, if such denial, revocation, or suspension is appealed.
(b) Composition. The licensing committee shall consist of the Director of the Department of Community Development or his designee.
(c) Authority and responsibility. The committee is hereby authorized to adopt rules and regulations necessary to make effective the provisions of this section and shall report to the Board of Appeals any and all findings relative to the denial, revocation or suspension of any business or liquor license certificate of compliance, should the applicant appeal such decision.
(Ord. No. 2089, 1-14-99; Ord. No. 2267, § 1, 8-7-12)
26-6 Certificate of compliance required.
No person shall directly or indirectly, operate, conduct, maintain or manage a business, trade, occupation or premises for which a certificate of compliance is required by this chapter without first procuring such certificate in the manner prescribed in this chapter.
With the adoption of this chapter, a certificate of compliance shall serve as a business license, for purposes of this article.
(Ord. No. 2089, 1-14-99)
26-7 Scope.
It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically amended by this chapter. Where an ordinance imposes a greater restriction upon persons, premises or personal property than is imposed or required by such existing provisions of law, ordinances, contract or deed, the provisions of that ordinance shall control.
(Ord. No. 2089, 1-14-99)
26-8 Definitions.
For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
Administrator means the mayor of the city, his/her director of community development and/or his/her designee.
Affidavit means a signed application for a license, permit registration, certifying relevant information regarding the operation of a business for the purpose of processing a business license, permit, registration, or certificate.
Agent means representatives, persons who act on behalf of or have power and/or authority to act on behalf of businesses operating in the city and who are responsible for the compliance of their principals and of the businesses they represent.
Business means all kinds of vocations, occupations, professions, home occupations, enterprises, establishments, offices and all other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for profit, or nonprofit, or benefit, either directly or indirectly, on any premises in this city through service or product, or anywhere else within its jurisdiction.
Business certificate of compliance means a certificate issued by the LPR Bureau indicating that the establishment has paid fees as prescribed by the approved fee schedule for community development.
The business certificate of compliance shall include the business name, address, expiration date and the year for which the certificate is valid.
Certificate of compliance means a certificate issued by the enforcement officer/inspector indicating completion of work as indicated in a notice to comply with minimum city codes for existing structures, i.e., violation notice, correction notice, etc.
A certificate of compliance shall be issued to all structures utilized for business; to be posted at the location, in a conspicuous place, upon completion of the processing of fees for said business.
The business or liquor renewal certificate compliance shall remain posted at said location until such time as the owner is required to remove it, i.e. noncompliance with Code, failure to correct code violations, or any other concern that would cause denial of said certificate.
Certificate of occupancy means a certificate issued by the building official indicating completion of work for which a permit was issued and shall be obtained prior to any occupancy of a structure as defined in the BOCA National Building Code except as provided for in “temporary occupancy,” see definition below.
City, county and state means the City of Pontiac, the County of Oakland and the State of Michigan respectively.
Community development senior license technician means the designee for the community development department who oversees the daily functions of the license, permit or registrations and certifications issued and contained therein.
Governmental agency registration means any city, county, state or federal agency located in the city, in which an affidavit is signed by an applicant to conduct business in the city, containing information relevant to the operation of said business to be recorded in the LPR bureau as such.
Home occupation means a business operating from a home utilizing up to 20 percent of the in-home space; in which an affidavit is signed by an applicant to conduct business in the city, containing information relevant to the operation of said business to be recorded in the LPR bureau as such; said business must receive certificate of compliance prior to commencing business.
Initial business license, permit, registration, or certification means the first affidavit filed and signed by an applicant to conduct business in the city, containing information relevant to the operation and the type of business to be conducted which will be recorded in the LPR bureau as such.
License, permit, registration or certificate means the document required by city ordinances, rules and regulations to conduct business and shall be issued in the form of a certificate of compliance (see business certificate of compliance or liquor renewal certificate of compliance) for business or liquor licensed locations in the city.
For purposes of this chapter, the words “license,” “permit,” “registration,” and “certificate” shall be interchangeable.
All applicants of a license, permit, registration or certificate who are required to carry such on their person, will be issued a license, permit or registration; such as, vendors, taxicab drivers, valet parking attendants, etc. All other applicants with fixed locations within the city will receive a certificate from the LPR Bureau once the application and subsequent fees are processed.
For applicants receiving a certificate of compliance, said certificate will constitute a “business license” for purposes of this article and shall be posted as required in a conspicuous location until said certificate expires, is revoked, suspended, or, upon inspection and/or investigation, code compliance is not maintained.
License, permit and registration bureau means the licensing division of community development, hereafter referred to as the “LPR bureau.”
Licensee, permittee or registrant means the holder for any use or period of time of any similar privilege, wherever relevant to any provision of this chapter or other law or ordinance; and as used generally herein, shall include respectively the words “license” or “licensee, permit” or “permittee, registrant” or “registration.”
Licensing committee means a committee comprised of the mayor or designee, the director of community development or designee, the city attorney or designee, the members of the city council community development subcommittee, the city’s building official and the licensing administrator.
The function of this committee is to review and ascertain whether an applicant should be recommended to the city council for denial, revocation or suspension of a certificate or license.
Liquor control commission means the state department of consumer and industry services division, liquor control commission and may be referred to hereafter as “LCC.”
Liquor renewal certificate of compliance means a certificate issued by the LPR bureau indicating that the liquor licensed establishment has paid the inspection/investigation fees as prescribed by the approved fee schedule for community development.
The liquor renewal certificate of compliance shall include the business name, address, expiration date and the year for which the certificate is valid.
Nonprofit means a business meeting the requirements of the state attorney general’s office as a business operating under the guidelines or status of Nonprofit 501(c)(3).
Nonprofit organization registration means an affidavit signed by an applicant to conduct business or offer services for as legal business; at no charge for profit, in the city, containing information relevant to the operation of said business to be recorded in the LPR bureau as such.
Permit. See “business certificate of compliance” or “liquor renewal certificate of compliance.”
Permittee. See “Licensee, permittee or registrant.”
Person means individual natural persons, business, clubs, partnerships, joint adventures, societies, associations, trustees, trusts, public or private corporations; or any officers, agents, employees, factors, or any kind of personal representatives of any thereof, in any capacity, acting either for himself, or for any other person, under either personal appointment or pursuant to law.
Premises means all lands, structures, places, and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to, or is otherwise used in connection with any such business conducted on such premises.
Professional office registration means an affidavit subsequent to the initial business license, permit or registration signed by an applicant to offer professional or medical services for as a legal business in the city, containing information relevant to the operation of said business to be recorded in the LPR bureau as such.
Registration. See “business certificate of compliance” or “liquor renewal certificate of compliance.”
Registrant. See “licensee, permittee or registrant.”
Small business certificate means an affidavit subsequent to the initial business license, permit, registration, or certification required by an applicant to conduct business in the city, containing information relevant to the operation of said business to be recorded in the LPR bureau as such; said business must have a certificate of occupancy prior to the commencing of a business.
Solicitors license, permit, registration or certificate. See “nonprofit organization registration.”
Temporary occupancy means occupancy of a structure before the completion of the entire work covered by the permit provided that such portion(s) shall be occupied safely without endangering life or public welfare.
Vendors license, permit or registration means persons who are included in the definitions of chapter 26 of this Code of the to sell as a “frozen confections vendor; article XIV, peddler; article XIX, or a street and stationary vendor; article XXII, as defined”; and shall be recorded in the LPR bureau as such.
(Ord. No. 2089, 1-14-99)