[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.]
GENERAL REFERENCES
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.
A.
The word "shall" is always mandatory and not merely
directory.
B.
BUSINESS
CITY LICENSE OFFICER or LICENSING OFFICER
INSIGNIA or INSIGNE
LICENSE or PERMIT
LICENSEE or PERMITTEE
PREMISES
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.
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.
Any tag, plate, badge, emblem, sticker or device which may
be required for use in connection with any license issued hereunder.
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]
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.
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.[1]
[1]
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.
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.
A.
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]
(1)
Be a written statement upon forms provided by the
City license officer.
(2)
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.
(3)
Be accompanied by the payment in full of the applicable
fee under the ordinances of this City, plus any penalty due thereon.
B.
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.
C.
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.
D.
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]
E.
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.
F.
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.
A.
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.
B.
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]
C.
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.
A.
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.
B.
Display of license and insignia. Every licensee under
this chapter shall:
(1)
Identification of premises.
(a)
Post and maintain such license upon the licensed
premises in a place where it may be seen at all times.
(b)
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.
(c)
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.
(2)
Vehicles.
(a)
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.
(b)
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.
(c)
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.
(3)
Carry such license on his or her person when he or
she has no licensed business premises.
(4)
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.
(5)
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.
(6)
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.
C.
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.
A.
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.
B.
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.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(8)
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.
