A.
Every business, fixed or temporary, engaged in by any persons for
a period of less than 30 days, whether in a building, tent or upon
a street, vacant lot or anywhere in the open air, within the City,
and not specifically designated in this article, shall pay a license
of $50 per event.
B.
The display and sale of Christmas trees and other seasonal items
such as Mother's Day flowers upon vacant property is limited to nonresidentially
zoned property and must be conditionally permitted by the City Clerk.
Such conditional approval shall include, among other conditions, a
cash bond for site cleanup in the minimum amount of $100, methods
and means of securing safe on-site traffic circulation and ingress/egress
from public rights-of-way, limitations on the days and hours of operation
of activities, the provision of security and public safety (police,
fire, and EMS) personnel, and other measures as the City Clerk deems
appropriate given the size, type, location, estimated attendance,
and character of the activity. Such display and sale must be behind
the property setback lines established by the City zoning regulations,
and each applicant shall post with the City a cash bond in addition
to the fifty-dollars license due per event. The cash bond is required
to ensure that the property is fully cleaned and cleared and returned
to its original condition, and failing to be returned to proper condition
as set forth in this subsection, the bond shall be retained by the
City and the City shall use it to defray the cost of having the property
cleaned and cleared and any materials on it removed. The City shall
not be responsible for any property so removed. Further, one temporary
building may be placed upon the property for use during the sale period
which must be inspected for safety by the Building Department; however,
no permit fee shall be required.
Home occupations shall be permitted in the City's residential use districts, subject to the City zoning code regulations contained in Chapter 315, Zoning and Land Development. If a business or occupation requires a license as per § 146-21 and is permitted within a home under the above-referenced zoning ordinance, registration of the home-based business shall be without a fee; provided, however, that no application may be made and no license shall be issued for any business use involving any retail sale, whether by telephone, mail or otherwise. For purposes of this section, the term "retail sale" shall have the definition ascribed to it which appears in Chapter 315, Zoning and Land Development. The licenses are subject to cancellation by Code Enforcement or City Council in the event the Board or Council determines that there is a violation of the zoning regulations, in which event no business activity may be conducted upon the premises. In addition, the City Clerk is not authorized to issue a license for a residence where the same owner or applicant had a license canceled as a result of violation of this code prior to its expiration date.
It is the stated intent of the City to permit local educational,
charitable, rehabilitative, recreational or religious organizations
consisting largely of resident citizens of the City to be permitted
to conduct social or charitable festivities where any profit realized
from such festivities (herein called bazaars, fairs or festivals)
is to be channeled into local religious, charitable, educational,
rehabilitative or recreational usage of direct benefit and impact
to the citizens. Such locally sponsored and operated festivals of
an essentially noncommercial nature shall be permitted to offer entertainment
to their patrons with such rides, games, booths and refreshments as
are permitted by the City after obtaining prior approval of same (and
of the intended beneficiary of the profit realized therefrom if other
than a house of worship, the police athletic league program, or a
charitable or educational or rehabilitative program having a direct
substantial impact on the citizens). No locally sponsored and operated
fair, festival, bazaar, etc., will be permitted without the obtaining
of such prior approval from the office of the City Clerk, who may
attach such conditions and safeguards, including dates and times of
operation, as it deems necessary and advisable to the granting of
such approval.
The City shall have the power to regulate, license, and/or suppress
the use, operation and/or maintenance of any dancing hall, dancing
academy and/or boxing or wrestling exhibitions.
