[HISTORY: Adopted by the City Council of the City of Roseville 2-28-1984 by Ord. No. 895 as Ch. 187 of the 1984 Code. Amendments noted where applicable.]
Amusements — See Ch. 73.
Bicycle permits — See Ch. 82.
Carnivals — See Ch. 96.
Christmas tree sales — See Ch. 103.
Fees — See Ch. 133.
Gasoline stations — See Ch. 158.
Ice cream vending vehicles — See Ch. 176.
Junk dealers — See Ch. 179.
Massage businesses — See Ch. 193.
Parking lots and garages — See Ch. 211.
Peddling, soliciting and transient merchants — See Ch. 219.
Restaurants — See Ch. 240.
Skating rinks — See Ch. 245.
Secondhand dealers — See Ch. 250.
Signs — See Ch. 264.
Swimming pools — See Ch. 300.
Tattoo parlors — See Ch. 302.
Taxicabs — See Ch. 308.
Used car lots — See Ch. 332.
This chapter shall be known and may be cited as the "General Licensing Ordinance of the City of Roseville."
Whenever this chapter imposes a greater restriction upon persons, premises or personal property than is imposed or required by any other existing provisions of law, ordinance, contract or deed, the provisions of this chapter shall control.
The word "shall" is always mandatory and not merely directory.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings stated herein:
- Includes all vocations, occupations, professions, enterprises and establishments and all other business activities, together with all devices, machines, vehicles and appurtenances used therein, which are conducted for private profit or benefit, directly or indirectly, on any premises within the City or within the jurisdiction of the City.
- CITY LICENSE OFFICER or LICENSING OFFICER
- The license officer of the City of Roseville and shall be either the Roseville Police Chief, or designated representative, or the City Clerk or designated representative, as provided for in the ordinances of the City of Roseville.
- INSIGNIA or INSIGNE
- Any tag, plate, badge, emblem, sticker or device which may be required for use in connection with any license issued hereunder.
- LICENSE or PERMIT
- The permission granted by this chapter or any other ordinance
of the City or Roseville to conduct any business as defined herein.[Added 7-27-1999 by Ord. No. 1125]
- LICENSEE or PERMITTEE
- The person who is the holder of any license or permit issued
pursuant to the provisions of this chapter or any other ordinance
of the City or Roseville for the privilege of conducting business
in the City or Roseville.[Added 7-27-1999 by Ord. No. 1125]
- All lands, structures and 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."
It shall be unlawful for any person, either directly or indirectly, to conduct any business or nonprofit enterprise or to use in connection therewith any vehicle, premises, machine or device, wholly or partially, for which a license or permit is required by any ordinance of this City, without obtaining a license or permit and said license or permit being in effect prior to the act of business and said license or permit being in effect at all such times as required by this chapter or other ordinances of this City. For the purpose of this chapter, any person shall be deemed to be engaged in a business or engaged in a nonprofit enterprise and subject to the requirements of this section when any goods or services are sold or when business is solicited, goods offered for sale or services extended for sale or hire or when any vehicle or premises is used in the City for business purposes. The agents or representatives of nonresidents who are doing business in this City shall be personally responsible for the compliance of their principals and of the enterprises they represent with the terms of this chapter.
Branch establishments. A license shall be obtained as herein prescribed for each branch establishment or location of the business licensed as if such branch establishment or location were a separate business; provided, however, that warehouses and distributing plants used in connection with and incidental to a business licensed under the provision of this chapter shall not be deemed to be separate places of business or branch establishments, and further provided, however, that each unit of rental real property shall be deemed a branch establishment or a separate place of business under the terms of this chapter when there is a representative of the owner or the owner's agent on the premises who is authorized to transact business for said owner or where there is a regular employee of the owner or of the owner's agent working on or about the premises.
Combination of businesses. A person engaged in two or more businesses at the same location shall not be required to obtain separate licenses for the conducting of each business but, when eligible, shall be issued one license which shall specify on its face all such businesses, except that no business licensee shall be allowed to operate any temporary open-air retail sales at the business location of the licensee without first obtaining a permit as provided for in Chapter 248, Sales, Special, Article I.
License for delivery. A license shall not be required of any person for the mere delivery in the City of any property purchased or acquired in good faith from such person at a regular place of business outside of the City where there is no intent shown to evade the provisions of this chapter.
Special sales. This chapter shall apply to all business in the nature of special sales for which a license is required by any ordinance of this City, and it shall be unlawful for any person, either directly or indirectly, to conduct any such sale except in conformity with the provisions of this chapter. The City license officer shall issue special permits without the payment of any license fees or other charges therefor to any person or organization for the conduct or operation of a nonprofit enterprise, either regularly or temporarily, when he or she finds that the applicant operates without private property for a public, charitable, educational, literary, fraternal or religious purpose.
Application. An applicant for a special permit shall submit an application to the City license officer upon forms prescribed by said officer and shall furnish such additional information and make such affidavits as the license officer shall require in order that he or she may make a determination as to the applicant's qualification for said special permit.
Compliance. A person or organization operating under a special permit shall conduct this nonprofit enterprise in compliance with this chapter and all other applicable rules and regulations except as herein specifically provided.
The City license officer shall issue licenses in the name of the City to all persons qualified under the provisions of this chapter and shall see that all fees due under this chapter are paid to the City Treasurer and shall:
Establish reasonable administrative procedures necessary to the operation and enforcement of this chapter.
Adopt all forms and prescribe the information to be supplied therein as to the character of the applicant, as well as establishing all other necessary relevant forms for the administration of this chapter.
Require applicants to submit all affidavits and oaths necessary to the administration of this chapter.
Submit all applications, in a proper case, to interested City officials for their endorsements thereon as to compliance by the applicant with all City regulations which they have the duty of enforcing.
Investigate and determine the eligibility of any applicant for a license as prescribed herein.
Within 30 days after the application is made, notify any applicant of the acceptance or rejection of the application and shall, upon refusal of any license or permit, at the applicant's request, state in writing the reasons therefor and deliver them to the applicant.
The general standards herein set out relative to the qualifications of every applicant for a City license shall be considered and applied by the City license officer. The City license officer shall determine that:
The applicant shall be of good moral character, and in making such determination, the City licensing officer shall consider:
Penal history. All convictions of the applicant, together with the reasons therefor, and compliance with any sentence.
[Amended 7-27-1999 by Ord. No. 1125]
License history. The license history of the applicant; whether such person, in previously operating in this or another state under a license, has had such license revoked or suspended, the reasons therefor, and compliance with any sentences.
[Amended 7-27-1999 by Ord. No. 1125]
General personal history. Such other facts relevant to the general personal history of the applicant as would bear upon the character or business reputation of the applicant.
Editor's Note: Former Subsection B, Defaulters to the City, which immediately followed this subsection, was repealed 5-11-2010 by Ord. No. 1237, which ordinance also provided for the relettering of former Subsection C as Subsection B.
Inspections. The applicant shall submit to lawful inspections by the Department of Buildings and Inspection, Police Department, Fire Department, Health Department and such other departments as may be necessary to ensure that the proposed business and applicant complies with all applicable ordinances and regulations of the City. The licensing officer may refuse to issue a permit to any applicant until said officer has a report, from any department he or she deems necessary to make an inspection, that the applicant or the proposed premises comply with all ordinances and regulations.
Application for license. Every person required to procure a license under the provisions of any ordinance of the City shall submit an application for such license to the City license officer. The application shall:
[Amended 2-11-1986 by Ord. No. 935]
Be a written statement upon forms provided by the City license officer.
Require the disclosure of all information necessary for compliance with § 187-6 and of any other information which the City license officer shall find to be reasonably necessary to the fair administration of this chapter.
Be accompanied by the payment in full of the applicable fee under the ordinances of this City, plus any penalty due thereon.
Issuance of receipts. Whenever the City license officer finds a license cannot be issued at the time of the application for same is made, there shall be issued a receipt to the applicant for the money paid in advance; provided, however, that such receipt shall not be construed as the approval of the City license officer for the issuance of a license, nor shall it entitle or authorize the applicant to open or maintain any business contrary to the provisions of this chapter.
Renewal of licenses. An applicant for the renewal of a license shall submit an application for such license to the City license officer. The application shall be substantially the same as that provided for above and further shall require the disclosure of such information concerning the applicant's business and the operation of the applicant's business during the preceding licensing period as is reasonably necessary to the determination by the licensing officer of the applicant's eligibility for a renewal of license and to a possible adjustment of the license fee.
Duplicate licenses. A duplicate license or special permit shall be issued by the licensing officer to replace any license previously issued which has been lost, stolen, defaced or destroyed, without any willful conduct on the part of the licensee, upon the filing of an affidavit attesting to such fact and the paying to the licensing officer the fee of the amount due under Chapter 133, Fees.
[Amended 7-27-1999 by Ord. No. 1125]
Supplemental license. When a licensee places himself or herself in a new status as provided for in this chapter, the licensing officer shall issue a supplemental license and such additional insignia as may be required.
Denial of license. The license officer shall, upon disapproving any application submitted in pursuance of this chapter, refund all fees paid in advance to the applicant, provided that the applicant is not otherwise indebted to the City as set forth in § 187-6B; provided, however, that when the issuance of a license is denied and any action instituted by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused unless said license is issued pursuant to a judgment ordering same.
The license fees shall be in the amounts as set forth in Chapter 133, Fees. In the event that there is another licensing ordinance covering a business or endeavor not covered by this chapter, then the fee set forth in that specific ordinance shall govern.
All licenses issued under the authority of this chapter shall expire on April 30 of each year. Licenses issued to a newly established business after November 1 and prior to April 1 will be charged at 50% of the established annual fee for the period prior to April 30. Licenses issued to a newly established business during the month of April will be charged only for the subsequent year beginning May 1.
[Amended 2-11-1986 by Ord. No. 935]
No rebate or refund of any license fee or part thereof shall be made by reason of the nonuse of such license or by reason of a change of location or business rendering the use of such license ineffective; provided, however, that the license office shall have the authority to refund a license fee or prorated portion thereof where said fee was collected in case of error.
Each license issued hereunder shall state upon its face the name of the licensee and any other name under which such business is to be conducted, the kind and address of each business so licensed, the amount of license fee therefor, the dates of issuance and expiration thereof and such other information as the licensing officer shall determine necessary.
Every licensee under this chapter shall permit all reasonable inspections of the business premises and shall, at all times, comply with the laws and regulations applicable to such business premises and shall refrain from operating the licensed business on the premises after the expiration of said license and during the period the license may be revoked or suspended.
Display of license and insignia. Every licensee under this chapter shall:
Identification of premises.
Post and maintain such license upon the licensed premises in a place where it may be seen at all times.
Affix any insignia delivered for use in connection with the business premises on the inside glass part of the window of said establishment facing the public way or on the inside glass part of the door opening on the public way. Such insignia shall be placed and maintained so as to be plainly visible from the public way.
Where the licensed premises does not have a window facing a public way at street level or a glass door opening upon the public way, such insignia shall be affixed to the glass in the door, window or other prominent place in the nearest proximity to the principal public entrance to such establishment and shall be placed and maintained so as to be plainly visible from such public entrance.
Effect of this chapter. Any general or special license fees required for any kind of vehicle, for the privilege of being operated upon the public highways, by any statute or ordinance, shall not abrogate, limit or affect any further requirements of this chapter or of other ordinances or laws for additional and separate licenses, permits and insignia and fees for such vehicles, or other uses, for and relating to the privilege of using the same in the business so licensed.
Insignia for motor vehicles. Affix any insignia delivered for use in connection with a licensed motor vehicle on the inside of the windshield of the vehicle or as may be otherwise prescribed by the license officer or by law.
Insignia for motorless vehicles. Affix any metal or other durable type of insignia delivered for use in connection with a wagon or other vehicle not operated by motor power securely on the outside of such vehicle.
Carry such license on his or her person when he or she has no licensed business premises.
Affix any insignia delivered for use in connection therewith upon the outside of any coin, vending or other business machine or device, so that it may be seen at all times.
Not allow any license, special permit or insignia to remain posted or displayed or used after the period for which it was issued has expired or when it has been suspended or revoked or for any other reason become ineffective. The licensee shall promptly return such inoperative license, special permit or insignia to the license officer.
Not loan, sell, give or assign to any person or allow any other person to use or display or to destroy, damage or remove or to have in his or her possession, except as authorized by the license officer or by law, any license or insignia which has been issued to said licensee.
New location desired. A licensee shall have the right to change the location of the licensed business, provided that he or she shall:
[Amended 7-27-1999 by Ord. No. 1125]
A licensee hereunder shall have the right to transfer the license to another person, provided that said transfer shall be approved by the licensing officer and the licensing officer shall collect a transfer fee as provided in Chapter 133, Fees, from the transferee prior to the issuance of the new license.
The licensee shall submit to lawful inspections by the Department of Buildings and Inspection, Police Department, Fire Department, Health Department and such other departments as may be necessary to ensure that the business and applicant complies with all applicable ordinances and regulations of the City. The licensing officer may refuse to issue a license or permit to any applicant until he or she has a report from any department he or she deems necessary to make an inspection that the applicant or the premises comply with all ordinances and regulations. Persons inspecting licensees, their businesses or premises as herein authorized shall report all violations of this chapter or of other laws or ordinances to the licensing officer and shall submit such other reports as the licensing officer shall order.
When an inspector has reported the violation of this chapter or any law or ordinance, the license officer shall issue to the affected person a provisional order to comply.
Nature of notice. The provisional order and all other notices issued in compliance with this chapter shall be in writing, shall be personally served and shall apprise the person affected of the specific violations.
Period for compliance. The provisional order shall require compliance within 10 days of personal service on the affected person unless a hearing is requested as herein provided.
Hearing. Upon written application by the person affected before the expiration of the ten-day period for compliance, the licensing officer shall order a hearing. Notice of such hearing shall be given to the affected person in the manner prescribed herein.
Modifying authority of license officer. Upon written application, or on his or her own motion, the license officer shall have the authority in a proper case to extend the time for compliance to grant a new hearing date and to change, modify or rescind any order or recommendation.
Final order. Upon the failure or refusal of the violator to comply with the provisional order or with any order made after hearing, the licensing officer shall then declare and make the provisional order final. The licensing officer shall have the authority to suspend licenses upon making and declaring a provisional order final, and upon suspension no refund of any portion of the license fee shall be made to the licensee, and the licensee shall immediately cease all business at all places under such license or licenses unless an appeal is filed as herein provided.
Summary action. When the conduct of any licensee, agent or employee is so inimical to the public health, safety and morals as to constitute a nuisance and thus give rise to an emergency, the licensing officer shall have the authority to summarily order the cessation of business and the closing of the premises or to suspend or revoke the license. Unless waived in writing within five days after he or she has acted summarily, the licensing officer shall conduct a special hearing for such action in respect to the summary order as may be therein determined. Notice of such hearing shall be given to the affected person in a manner prescribed herein.
Right of appeal. Any person aggrieved by any decision of the license officer after hearing shall have the right to appeal to an Appeal Board, consisting of three persons, one of whom shall be the City Manager. The other two members of the board shall be appointed by the Mayor subject to confirmation of the Council. Such notice of appeal shall be a written notice filed with the City Manager within the 10 days following the effective date of the action or decision complained of.
Contents of appeal. Such notice of appeal shall set out a copy of the order or decision appealed from and shall include a statement of facts relied upon to avoid such order.
Notification of license officer. At the time of filing any such notice of appeal, a copy thereof shall be filed by the appellant with the license officer.
Hearing. The City Manager shall fix a time and place for hearing the appeal and shall cause a written copy of such hearing time and place to be served upon the appellant. The City Manager shall also give notice to the license officer, and such officer shall be entitled to appear and defend such order.
Appeal to Council. In the event that the licensee does not agree with the finding of the Appeal Board, then the licensee may file an appeal to the City Council within five days of being notified of the Board's action. Upon the licensee failing to make such an appeal, the officer shall revoke the license, or in the event that an appeal is made and the City Council determines that the license should be revoked or that the order of the Appeal Board should be reversed, said Council may confirm, reverse or modify the order of the Appeal Board. The findings of the Council shall be final and conclusive and shall be personally served upon the applicant as required herein.
The amount of any unpaid fee, the payment of which is required hereunder, shall constitute a debt due the City; and the City Attorney may, at the direction of the licensing officer, institute civil suit in the name of the City to recover any such unpaid fee; provided, however, that no civil judgment or any act by the City Attorney, the licensing officer or the violator shall bar or prevent a criminal prosecution for each and every violation of this chapter.
[Amended 7-27-1999 by Ord. No. 1125]
Fees for licensed shall be as prescribed in Chapter 133, Fees, shall be payable annually and shall be subject to all other relevant provisions of the Code of the City of Roseville.
[Amended 7-27-1999 by Ord. No. 1125]
Any person violating any provision of this chapter shall, upon conviction thereof, be punished as provided in Chapter 1, General Provisions, Article I. In addition to this penalty, any licensee who fails to secure such license by May 1 as provided herein shall pay an additional penalty equal to 50% of the license fee established by Chapter 133, Fees, for each month or fraction thereof that he or she fails to secure this license.