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.
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.
A. 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.
B. 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.
C. 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.
D. 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.
(1) 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.
(2) 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:
A. Establish reasonable administrative procedures necessary to the operation and enforcement of this chapter.
B. 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.
C. Require applicants to submit all affidavits and oaths necessary to the administration of this chapter.
D. 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.
E. Investigate and determine the eligibility of any applicant for a license as prescribed herein.
F. 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:
A. The applicant shall be of good moral character, and in making such determination, the City licensing officer shall consider:
(1) 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]
(2) 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]
(3) 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.
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.
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.
[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.
[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.