[Adopted as Ch. 802 of the 1989 Codified
Ordinances]
[Amended 8-19-1998 by Ord. No. 365]
A.
The purpose of this article is to protect the health,
safety and welfare of the citizens of the City of Rockwood by making
sure that any and all businesses situated in the City are properly
licensed, certified and/or operated in the safe, workmanlike, professional
or certified manner as advertised and expected by the community or
similar businesses throughout the State of Michigan.
B.
The provisions of this article shall apply to the
licensing of all trades, professions, businesses or privileges regulated
by the Code of the City of Rockwood unless provision is otherwise
expressly made for licensing and/or the incidents thereof in the chapter
wherein the trade, profession, business or privilege is regulated
and said provision specifically prohibits local governments from requiring
proof of licensing or certification. In the event of conflict between
any of the provisions of this article and any of the provisions of
any other chapter of the Code of the City of Rockwood, wherein a trade,
profession, business or privilege is regulated, the provision of the
other chapter shall prevail.
C.
The following businesses in the city, in addition
to any other specified in this article or any other ordinances of
the city, which open for business after the effective date of this
article shall obtain licenses therefor and pay the hereinafter prescribed
fee:[1] auctioneer, antique shop, autowash, advertising, ambulance
service, auto parts, auto repair, barbershop, bicycle sales and repair,
bakery, bookstore, bowling alley, boxing and wrestling exhibits, building
demolitions, builder/contractor, brake repair, bank, butcher shop,
carpet, clock repair, cement block sales and distribution, ceramic,
clothing store, Christmas tree and wreath sales, circus or carnival,
coffee shop, confectionery establishment, convalescent home, chauffeur/limousine
service, computer sales, dance school, day care, delivery service,
dry-cleaning or dying establishment, dog groomer, donut shop, drugstore,
fuel and dealer, funeral home, fumigator, flower store, furniture
store, fruit market, floor covering, garage builders, gas station,
grocery, garden shops, garbage collection, hotel, hospital, house
mover, house raiser, hair salon, hardware, health club, insurance,
ice cream parlor, jeweler, jitney, kitchen and bath remodeling, landscaping,
lawn care, locksmith, laundromat, luggage store, maternity, motel,
mobile home park, movie rental, medical clinic, motorcycle dealer/repair,
moving company, revise store, movie theater, muffler shop, distributor
of milk or mechanical amusement devices, outdoor theater, outdoor
storage, oil company, parking lot, paving company, paint store, party
store, pet shop, pharmacy, public carrier, poultry products, photography
studio, plumbing services, public swimming pool, processor or manufacturer
of food parts, rental agency, real estate office, retail store, refrigerator
repair, roller rink, restaurant, sidewalk builder, sign maker/erector,
soda fountain, secondhand dealer, shoe store, skating rink, sauna,
snow removal, specialty store, sports store, stamp/coin shop, tax
return preparer, taxicab, tent dealer, theater, tourist home, transient
merchant, tanning salon, trailer rental, travel agent, transmission
shop, television sales and repair, taxidermy, used car, uniform shop,
video store, wallpaper, window treatment, window repair, Xerox copying,
x-ray lab, yard sales, yogurt shop and all other office, commercial
and retail uses not mentioned herein.
No person shall engage or be engaged in the
operation, conduct or carrying on of any trade, profession, business
or privilege for which any license is required by this article and
any other chapter of the Code of the City of Rockwood without first
obtaining a license therefor from the City in the manner provided
for in this article. Any person duly licensed on the effective date
of the Code of the City of Rockwood shall be deemed licensed hereunder
for the balance of the current license year.
The granting of a license or permit to any person
operating, conducting or carrying on any trade, profession, business
or privilege which contains within itself, or which is composed of,
trades, professions, businesses or privileges which are required by
this article and any other chapter of the Code to be licensed, shall
not relieve the person to whom such license or permit is granted from
the necessity of securing individual licenses or permits for each
such trade, profession, business or privilege, except as specifically
provided elsewhere in this article and the Code of the City of Rockwood.
The fact that a license or permit has been granted
to any person by the state to engage in the operation, conduct or
carrying on of any trade, profession, business or privilege shall
not exempt such person from the necessity of securing a license or
permit from the City if such license or permit is required by this
article and any other chapter of the Code of the City of Rockwood.
Unless otherwise provided in this article and
any other chapter of the Code of the City of Rockwood, every person
required to obtain a license from the City to engage in the operation,
conduct or carrying on of any trade, profession, business or privilege
shall make application for such a license to the City Clerk upon forms
provided by the City Clerk, and shall state, under oath or affirmation,
such facts as may be required for or applicable to the granting of
such license. No person shall make any false statement or representation
in connection with any application for a license under this article
and any other chapter of the Code of the City of Rockwood.
[Amended 5-1-2002 by Ord. No. 407]
Except as otherwise provided as to certain licenses,
the license year shall begin January 1 of each year and shall terminate
at 12:00 midnight on December 31 of the third year from the date of
issuance. Original licenses shall be issued for the balance of the
license year at the full license fee, except that after July 1, the
fee for any license shall be 1/2 the full amount, if the full fee
is $10 or more. License applications for license renewals shall be
accepted and licenses shall be issued for a period of 15 days prior
to the annual expiration date. In all cases where this article and
any other chapter of the Code of the City of Rockwood permits the
issuance of licenses for periods of less than one year, the effective
date of such licenses shall commence with the date of issuance thereof.
No license or permit required by this article
and any other chapter of the Code of the City of Rockwood shall be
issued to any person who is required to have a license or permit from
the state until such person submits evidence of such state license
or permit and proof that all fees appertaining thereto have been paid.
No license shall be granted to any applicant therefor until such applicant
has complied with all of the provisions of this article and any other
chapter of the Code of the City of Rockwood applicable to the trade,
profession, business or privilege for which application for a license
is made, nor unless the applicant agrees, in writing, to permit inspection
of the licensed premises at reasonable hours by authorized officers
of the city.
A.
Generally. No license shall be granted where the certification
of any officer of the City is required prior to the issuance thereof
until such certification is made.
B.
Health Officer. In all cases where the certification
of the Health Officer is required prior to the issuance of any license
by the City Clerk, such certification shall be based upon an actual
inspection and a finding that the person making the application and
the premises in which he or she proposes to conduct or is conducting
the trade, profession, business or privilege comply with all sanitary
requirements of the state and the city.
C.
Fire Chief. In all cases where the certification of
the Fire Chief is required prior to the issuance of any license by
the City Clerk, such certification shall be based upon an actual inspection
and a finding that the premises in which the person making the application
for such license proposes to conduct or is conducting the trade, profession,
business or privilege comply with all fire regulations of the state
and the city.
D.
Police Chief. In all cases where the certification
of the Chief of Police is required prior to the issuance of any license
by the City Clerk, such certification shall be based upon a finding
that the person making the application for such license is of good
moral character.
E.
Building Official. In all cases where the carrying
on of the trade, profession, business or privilege involves the use
of any structure or land, a license therefor shall not be issued until
the Building Official certifies that the proposed use is not prohibited
by the Zoning Code or other zoning regulations of the city.[1]
[1]
Editor's Note: The Zoning Code is on file
in the office of the City Clerk.
Where the provisions of this article and any
other chapter of the Code of the City of Rockwood require that the
applicant for any license or permit furnish a bond, such bond shall
be furnished in an amount deemed adequate by the proper City officer,
or, where the amount thereof is specified in this article and any
other chapter of the Code of the City of Rockwood, in the amount so
required. The form of such bond shall be acceptable to the City Attorney.
In lieu of a bond, an applicant for a license or permit may furnish
one or more policies of insurance in the same amounts and providing
the same protection as called for in any such bond. Such policies
of insurance shall be approved as to substance by the City official
issuing the license or permit and as to form by the City Attorney.
All fees for the renewal of any license, which
fees are not paid at the time they are due, shall be paid as late
fees with an additional 25% of the license fee for the first 15 days
that such license fee remains unpaid. Thereafter, the license fee
shall be that stipulated for such license plus 50% of such fee.
If the application for any license is approved
by the proper officers of the city, as provided in this article and
any other chapter of the Code of the City of Rockwood, such license
shall be granted and shall serve as a receipt for payment of the fee
prescribed for such license.
[Amended 8-19-1998 by Ord. No. 365]
The fee required by this article and any other
chapter of the Code of the City of Rockwood for any license or permit
shall be established from time to time by resolution of City Council.[1] Such fee shall be in addition to any other fees required
by other ordinances in the City Code such as the Building Code or
Fire Code.[2]
No license fee shall be required from any person
exempt from such fee by state or federal law. However, such persons
shall comply with all other provisions of this article. The City Clerk
shall, in all such cases, issue to such persons licenses which are
clearly marked as to such exemption and the reason therefor.
A.
Any license issued by the City may be suspended by
the Mayor for cause, and any permit issued by the City may be suspended
or revoked by the issuing authority for cause. The licensee shall
have the right to a hearing before Council on any such action of the
Mayor, provided that a written request therefor is filed with the
City Clerk within five days after receipt of the notice of such suspension.
Council may confirm such suspension or revoke or reinstate such license.
The action taken by Council shall be final. Upon suspension or revocation
of any license or permit, the fee therefor shall not be refunded.
B.
"Cause," as used in this article, includes the doing
or omitting of any act, or permitting any condition to exist in connection
with any trade, profession, business or privilege for which a license
or permit is granted under the provisions of this article and any
other chapter of the Code of the City of Rockwood, or upon premises
or facilities used in connection therewith, which act, omission or
condition is:
(1)
Contrary to the health, morals, safety or welfare
of the public;
(2)
Unlawful, irregular or fraudulent in nature;
(3)
Unauthorized or beyond the scope of the license or
permit granted; or
(4)
Prohibited by this article and any other chapter of
the Code of the City of Rockwood or any duly established rule or regulation
of the City applicable to the trade, profession, business or privilege
for which the license or permit has been granted.
Unless otherwise provided in this article and
any other chapter of the Code of the City of Rockwood, an application
for renewal of a license shall be considered in the same manner as
an original application.
A.
Generally. No licensee shall fail to carry any license
issued in accordance with this article upon his or her person at all
times when engaged in the operation, conduct or carrying on of any
trade, profession, business or privilege for which the license was
granted. However, where such trade, profession, business or privilege
is operated, conducted or carried on at a fixed place or establishment,
such license shall be exhibited at all times in some conspicuous place
in his or her place of business. Every licensee shall produce his
or her license for examination when applying for a renewal thereof
or when requested to do so by any City police officer or by any person
representing the issuing authority.
B.
Vehicles and machines. No licensee shall fail to display
conspicuously on each vehicle or mechanical device or machine required
to be licensed by this article and any other chapter of the Code of
the City of Rockwood such tags or stickers as are furnished by the
City Clerk.
C.
Invalid licenses. No person shall display any expired
license or any license for which a duplicate has been issued.
A.
Prohibited. No licensee or permittee under this article
and any other chapter of the Code of the City of Rockwood shall, unless
specifically authorized by this article and any other chapter of the
Code of the City of Rockwood, transfer or attempt to transfer his
or her license or permit to another or make any improper use of the
same.
B.
Automatic revocation. In addition to the penalty provided
in § 126-18 for violations of Subsection A hereof, any attempt
by a licensee or permittee to transfer his or her license or permit
to another, unless specifically authorized by this article and any
other chapter of the Code of the City of Rockwood, or to use the same
improperly, shall result in the automatic revocation of such license
or permit.
