City of Batavia, NY Chapter 111 Licenses and Permits

[HISTORY: Adopted by the City Council of the City of Batavia 1-26-1981 as Ch. 16 of the 1981 Code. Amendments noted where applicable.]

§ 111-1 License or permit procedure.

No person shall engage in any trade, profession, business or privilege in the City of Batavia for which a license or permit is required by any provision of this Code without first obtaining such license or permit from the city in the manner provided in this chapter, unless otherwise specifically provided.

§ 111-2 Application.

Unless otherwise provided, application for a license or permit shall be made in writing to the Clerk-Treasurer upon forms provided by the city and the applicant shall state the location of the proposed activity and such other facts as may be required for or be applicable to the granting of such a license or permit.

§ 111-3 Payment of fee.

The fees required for any license or permit shall be paid at the office of the Clerk-Treasurer before the granting of the license or permit. Unless otherwise provided, no fee shall be prorated for a portion of a year, and no fee paid shall be refunded, unless the license or permit is denied.

§ 111-4 Bond and insurance.

All required bonds shall be executed by two sureties, or a surety company, and be subject to the approval of the City Attorney. Where policies of insurance are required, such policies shall be approved as to substance and form by the City Attorney. Satisfactory evidence of coverage by bond or insurance shall be filed with the Clerk-Treasurer before the license or permit is issued.

§ 111-5 Approval or denial of licenses.

A. Unless otherwise provided, the issuance of licenses and permits shall be approved by the City Manager.

B. Where the approval of any other city officer or a state officer is required prior to the issuance of any license or permit, such approval must be presented to the Clerk-Treasurer before any license or permit is issued.

§ 111-6 Certificates.

License or permit certificates shall show the date of issue, the activity licensed and the term of the license or permit, and shall be signed in the name of the city by the Clerk-Treasurer, and/or other lawfully designated city official, and be impressed with the City Seal. The Clerk-Treasurer shall keep a record of all licenses and permits issued.

§ 111-7 Terms of licenses and permits.

A. Annual. Unless otherwise provided, the term of the license year shall begin and end with the calendar year.

B. Short term. Where the issuance of licenses for a period of less than one year is permitted, the effective date of such license shall commence with the date of issuance.

C. Permits. Permits shall be issued for the term set forth in each permit.

§ 111-8 Exhibition of certificate.

Every licensee or permittee shall carry his or her license or permit certificate upon his or her person at all times when engaged in the activity for which the license or permit was granted; except that where such activity is conducted at a fixed place or establishment, the license or permit certificate shall be exhibited at all times in some conspicuous place in his or her place of business. The licensee or permittee shall exhibit the license certificate when applying for a renewal and upon demand of any police officer or person representing the issuing authority.

§ 111-9 Transfer, renewal and revocation of licenses and permits.

A. Transfer. Unless otherwise provided, no license or permit shall be transferable.

B. Renewal. Unless otherwise provided, license or permit renewals shall be issued in the same manner and be subject to the same conditions as original licenses or permits.

C. Suspension and revocation. Unless otherwise provided, any license or permit issued by the city may be suspended or revoked by the City Manager or Council for any of the following causes:

(1) Fraud, misrepresentation or incorrect statement contained in the application or made in carrying on the licensed or permitted activity.

(2) Conviction of any crime or misdemeanor.

(3) Conducting such activity in such manner as to constitute a breach of the peace, or a menace to the health, safety or welfare of the public, or a disturbance of the peace or comfort of residents of the city, upon recommendation of the appropriate city official.

(4) Expiration or cancellation of any required bond or insurance.

(5) Actions unauthorized or beyond the scope of the license or permit granted.

(6) Violation of any regulation or provision of this Code applicable to the activity for which the license or permit has been granted, or any applicable regulation or law.

(7) Failure to continuously comply with all conditions required as precedent to the approval of the license or permit.

§ 111-10 Hearings.

A. Right of appeal. Unless otherwise provided, any person aggrieved by the action of any city official in denying, suspending or revoking a license or permit shall have the right to a hearing before the Council on any such action, provided that a written request therefor is filed with the Clerk-Treasurer within 10 days after receipt of the notice of such denial, suspension or revocation. The Council may grant such license or permit or confirm any suspension or revocation, or reinstate any such license or permit. The action taken by the Council after a hearing shall be final.

B. Procedure. Any person whose license or permit is denied, suspended or revoked is entitled to a statement in writing from the action officer specifying the grounds in sufficient particularity to identify the facts or reasons therefor and advising the applicant or licensee of his or her right of appeal. The Council shall give the person aggrieved opportunity to prepare his or her case, the right to counsel, the right to present evidence and to cross-examine witnesses.

§ 111-11 Inspections.

A. Right; suspension for failure to admit. The city official shall be authorized, in the performance of his or her duties, to conduct inspections of premises, or parts of premises, at such times and in such manner as the building official may find convenient or necessary, with the consent of the person in possession or occupancy. Refusal to grant entry shall not be subject to any punitive action except that a license or permit may be suspended until entry is permitted.

B. Obtaining warrant. If admission is refused or cannot be obtained from the person in possession or occupancy, the city official shall be authorized to obtain a warrant to make an inspection, provided reasonable or probable cause is shown.

C. Emergency. In case of an emergency, the city official may, without a warrant, enter any premises, or parts of premises, to inspect the same, at any time, without the permission of the person in possession or occupancy.