City of Kalamazoo, MI
Kalamazoo County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Commission of the City of Kalamazoo as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Auctions — See Ch. 8.
Refuse bins — See Ch. 15A, Art. II.
Peddlers, solicitors, transient merchants and photographers — See Ch. 25.
Solid waste — See Ch. 31.
STATUTORY REFERENCES
Licenses for junk dealers and secondhand dealers — See MCLA § 445.401 et seq.
Requirement for and issuance and term of pawnbroker's license — See MCLA §§ 446.201, 446.202.
Article I In General

§ 24-1 Pawnbrokers.

§ 24-2 General provisions relating to secondhand dealer licenses.

§ 24-3 Secondhand dealers, secondhand goods — Definitions.

§ 24-4 Secondhand dealers — License required, activities of pawnbroker.

§ 24-5 Secondhand dealers license — Application, conditions, denial, hearing.

§ 24-6 Secondhand dealers — Record of secondhand goods received; reporting requirements.

§ 24-7 Secondhand dealers license — Suspension with intent to revoke.

§ 24-8 Secondhand dealers license — Denial and suspension/revocation appeal hearing procedure.

§ 24-9 Secondhand dealers — Violations, misdemeanor, enforcement.

§ 24-10 (Reserved)

§ 24-11 (Reserved)

§ 24-12 (Reserved)

§ 24-13 (Reserved)

§ 24-14 (Reserved)

§ 24-15 (Reserved)

Article II Recycling Dealers

§ 24-16 Definitions.

§ 24-17 Maintenance of premises generally.

§ 24-18 Outside storage facilities.

§ 24-19 Business not to create nuisance; operation of rubbish dump prohibited.

§ 24-20 Noise control.

§ 24-21 Open burning.

§ 24-22 Obstruction of adjoining streets, sidewalks, etc., prohibited.

§ 24-23 (Reserved)

§ 24-24 (Reserved)

§ 24-25 (Reserved)

§ 24-26 (Reserved)

§ 24-27 (Reserved)

§ 24-28 (Reserved)

§ 24-29 (Reserved)

§ 24-30 (Reserved)

§ 24-31 (Reserved)

§ 24-32 (Reserved)

§ 24-33 Required.

§ 24-34 Application.

§ 24-35 License conditions.

§ 24-36 Fee.

§ 24-37 Issuance procedure.

§ 24-38 Denial of a license.

§ 24-39 Certain officials to be notified of issuance.

§ 24-40 Display.

§ 24-41 Not transferable.

§ 24-42 Expiration.

§ 24-43 Suspension or revocation.

§ 24-44 Suspension and revocation — Procedure.

§ 24-45 Hearings.

§ 24-46 Appeal.

§ 24-47 Misdemeanor.

§ 24-48 Enforcement.

[Adopted 7-1-2002 by Ord. No. 1736]

§ 24-1 Pawnbrokers.

A. 
The City Clerk is designated and authorized to issue and revoke licenses for persons, corporations or firms to carry on the business of a pawnbroker pursuant to MCLA § 446.201 et seq., 1917 PA 273, as amended, hereafter "the Act." A pawnbroker's license shall not be issued to any person, corporation, firm or other entity that has failed to pay personal property taxes and real property taxes assessed for which penalties or interest have begun to accrue, or failed to pay other debts owing to the City. A pawnbroker's license may be revoked pursuant to the Act for the conviction of a violation of the Act or this section, or for the failure to pay personal property taxes and real property taxes assessed against the pawnbroker for which penalties or interest have begun to accrue, or failure to pay other debts owing to the City.
B. 
No person, corporation, firm, or other entity shall carry on the business of a pawnbroker in the City of Kalamazoo without being licensed pursuant to the Act and this section.
C. 
The license fee shall be as set from time to time by the City Commission by motion or resolution pursuant to the provisions of the Act. A bond shall be provided as set forth in the Act.
D. 
Commencing no later than April 1, 2007, pawnbrokers shall transmit the record of transaction required by Section 5 of the Act[1] to the Department of Public Safety by computer over the Internet to the Web site established by the City for this purpose. Information and assistance concerning the Web site shall be provided by the City of Kalamazoo. So long as the required information is transmitted by computer, the required statutory form need not be filled out by hand, but a short form with the right thumbprint of the individual pawning the item shall be maintained as required by the Act, with an appropriate reference to the transaction. If it is not possible for the person to provide his or her right thumbprint, then another specifically designated fingerprint shall be provided. Upon request, the short form containing the thumbprint shall be immediately provided to the Department of Public Safety.[2]
[Amended 1-16-2007 by Ord. No. 1819]
[1]
Editor's Note: See MCLA § 446.205.
[2]
Editor's Note: Former Subsection E, requiring a higher license fee for pawnbrokers who do not submit required information by computer, which immediately followed this subsection, was repealed 1-16-2007 by Ord. No. 1819.

§ 24-2 General provisions relating to secondhand dealer licenses.

A. 
Application of section. The provisions of this section shall apply to licenses for secondhand dealers issued under this chapter; provided, however, that if any provision of the section is in conflict with any provision of this chapter relating to a specific activity, the more specific terms shall prevail. This section shall not apply to recycling dealers which are regulated pursuant to § 24-16 et seq.
B. 
Expiration: license year. All annual licenses granted hereunder shall expire upon the 30th day of April following the day of their issuance. A "license year" is defined to be that period from the first day of May in each year to and including the thirtieth day of April following. For licenses of less than one year, the City Clerk shall designate on the license the time period that the license is in effect.
C. 
Fees, proration. The license fee shall be as set from time to time by the City Commission by motion or resolution. When annual licenses are applied for subsequent to November first of any year, the license fee shall be 1/2 of the annual fee for the balance of the license year. The City Clerk shall collect 1/2 of the license fee when the applicant initially applies. If the application is approved, the remainder of the license fee shall be paid before the license is issued. If the application is rejected, the portion of the fee paid shall be retained by the City to cover processing costs.
D. 
List of licenses to be provided to the Department of Public Safety. The City Clerk shall promptly provide to the Department of Public Safety a list of all licenses issued under this chapter unless informed otherwise by the Department of Public Safety.
E. 
Display of license. All persons obtaining any license issued under this chapter shall place the license conspicuously in full public view, in the room or structure in which the licensed occupation or act is being performed, as directed by the City Clerk.
F. 
License not transferable; suspension and revocation. Any license granted under this chapter shall not be transferable and is subject to suspension and revocation as provided in §§ 24-7 and 24-8.

§ 24-3 Secondhand dealers, secondhand goods — Definitions.

A. 
As used in this article, the following terms shall have the meanings indicated:
SECONDHAND DEALER
Any person, corporation, or member or members of a copartnership or firm or other entity who engages in the principal or primary business of purchasing, storing, selling, exchanging and receiving secondhand goods. "Principal or primary business" means that more than 50% of the gross revenue of the secondhand dealer is derived from the purchasing, storing, selling, exchanging and receiving secondhand goods.
SECONDHAND GOODS
Any goods, wares, merchandise or other personal property acquired or purchased after having been acquired at retail and used by another except as excluded herein. Such term includes, but is not limited to, appliances and radios, televisions, video cassette players and recorders, compact discs, digital video disks, CD and DVD players and recorders, software for computer games, computer games and computer gaming equipment, tools, guns, jewelry (unless such item is subject to the Precious Metals and Gem Dealer Act, MCLA § 445.481 et seq., as amended), musical instruments, sporting equipment, bicycles, lawn mowers and lawn equipment, snow blowers, typewriters, and audio equipment such as home and vehicle stereos and speakers. "Secondhand goods" does not include new goods, clothing, household items, items normally handled by junk dealers or items defined in MCLA § 445.403 et seq., as amended, items normally handled by a recycling dealer as set forth in § 24-16 et seq. of the Kalamazoo City Code, and it does not include antiques or household furniture, books, magazines, trading cards, and tapestries.
B. 
This chapter does not apply to any person, corporation, or member or members of a copartnership, or firm whose principal or primary business is that of dealing in new goods, articles and merchandise.

§ 24-4 Secondhand dealers — License required, activities of pawnbroker.

A. 
No person, corporation, or member or members of a copartnership or firm or other entity shall engage in the principal or primary business of purchasing, storing, selling, exchanging and receiving secondhand goods without first having obtained a license to do so from the City Clerk as provided in this chapter. The license shall be valid for a period of one year commencing on April 1 and shall be renewable upon paying the annual fee. No license issued hereunder shall be transferable.
B. 
No person, corporation, or member or members of a copartnership or firm or other entity operating any secondhand business shall loan money on deposit, or pledge of personal property, or other valuable thing, other than securities or printed evidence of indebtedness, or deal in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, without obtaining a pawnbroker's license pursuant to MCLA § 446.201 et seq., as amended, and § 24-1 of the Kalamazoo City Code, as amended.

§ 24-5 Secondhand dealers license — Application, conditions, denial, hearing.

A. 
Application for a secondhand dealer's license shall be made in writing to the City Clerk, who is authorized to create application forms and to receive and process applications and to thereafter grant, deny, suspend or revoke said licenses as set forth in this chapter. Applications shall be on forms supplied by and to be filed with the City Clerk. Such application, which shall be signed and dated by the applicant or, if the applicant is not an individual, by an authorized representative. The applicant must prove his/her identification by means of a Michigan driver's license or Michigan identification card, or by similar identification from another state, or he/she must otherwise satisfy the City Clerk of his/her identity. The application shall contain the following minimum information, plus any other information deemed necessary by the City Clerk:
(1) 
The name and any alias used, and address and telephone number of the applicant and all employees, officers, partners or agents of the applicant;
(2) 
The location where the business is to be carried on plus any subsidiary offices and a brief description of the items to be sold;
(3) 
The applicant's criminal record, if any, and if the applicant is not an individual, the criminal record, if any, of the partners or officers of the corporation;
(4) 
The criminal record, if any, of any employees of the applicant;
(5) 
The applicant's prior experience as a secondhand dealer;
(6) 
An authorization for the City Clerk and/or the Department of Public Safety to carry out a background investigation on the applicant and all employees, officers, partners or agents of the applicant;
(7) 
A statement as to whether the applicant has ever had any licenses required by the City of Kalamazoo or any other governmental entity revoked, suspended or denied and the reasons for said action.
(8) 
A statement that the information provided is true and accurate and that, if a license is granted, the applicant will abide by all applicable ordinances and statutes.
B. 
All licenses are subject to the following conditions, which shall be noted on the application form:
(1) 
The applicant shall permit inspection of the licensed premises and/or activity at reasonable times by any representative of the City of Kalamazoo;
(2) 
The applicant shall not engage in the business of a secondhand dealer at any time after the license has expired, without having been reissued, or at any time when the license is suspended or revoked.
(3) 
No license shall be issued or renewed unless and until the applicant and any and all employees, officers, partners or agents of applicant shall, if deemed necessary by the Kalamazoo Department of Public Safety, submit to being fingerprinted and photographed as part of the background investigation.
(4) 
The license is subject to suspension or revocation pursuant to §§ 24-7 and 24-8 of the City Code.
C. 
The City Clerk shall issue a license to the applicant upon payment of the license fee, and if the City Clerk is satisfied that the applicant has met and will continue to meet the requirements of this chapter, and if the City Clerk is satisfied that the applicant's character and business history is satisfactory.
D. 
The City Clerk shall deny an application for a secondhand dealer's license if the applicant has failed to pay real or personal property taxes assessed for which penalties or interest have begun to accrue or failed to pay other debts owing to the City of Kalamazoo. The City Clerk may deny an application for a secondhand dealer's license if the City Clerk is not satisfied that the applicant has met and will continue to meet the requirements of this chapter, or if the City Clerk is not satisfied that the applicant's character and business history is satisfactory. The City Clerk shall deny an application for a secondhand dealer's license if the applicant or any employees, officers, partners or agents of dealer have been convicted within the last 10 years of any violation of this chapter or Chapter 25 or any similar ordinance in another jurisdiction, or convicted of any crime involving theft, dishonesty, receipt of stolen property or embezzlement within the last 10 years, or convicted of any felony within the last five years.
E. 
If the City Clerk denies the issuance of a license or a renewal thereof, a notice of denial including the reasons for the denial shall be mailed first class to the applicant. If the application for a license has been denied, the applicant may appeal the denial by requesting a hearing pursuant to § 24-8 or may reapply at any time by submitting a new application and fee. The notice of denial shall provide that the applicant may request a hearing within 10 days to appeal the denial pursuant to § 24-8.

§ 24-6 Secondhand dealers — Record of secondhand goods received; reporting requirements.

A. 
A secondhand dealer shall keep a record in English at the time the secondhand dealer receives any secondhand goods. The record shall include a description of the goods, the serial number and model number if available, a sequential transaction number, the amount of money or other consideration received for said goods, the name, residence, general description and driver's license number, official state personal identification card number, or government identification number of the person from whom the secondhand goods were received, the right thumbprint of the person from whom the goods were received, and the day and hour when the goods were received. Such records, the place where the secondhand dealer's business is carried on and all secondhand goods in that place of business or in control of the secondhand dealer are subject to examination at any time by the City Attorney, the Department of Public Safety, the City Clerk, the State Police, and the Kalamazoo County Prosecuting Attorney. The required information may be maintained by computer as required by Subsection B below.
[Amended 1-16-2007 by Ord. No. 1819]
B. 
The secondhand dealer shall retain a record of each transaction for a minimum of one year or as directed by the Kalamazoo Department of Public Safety. The secondhand dealer shall send a copy of any record of transaction to the Kalamazoo Department of Public Safety on a weekly basis or as directed by the Kalamazoo Department of Public Safety. Commencing no later than April 1, 2007, the information in the record of transaction shall be transmitted to the Kalamazoo Department of Public Safety by computer over the Internet to the Web site established by the City for this purpose. Information and assistance concerning the Web site shall be provided by the City of Kalamazoo. So long as the required information is transmitted by computer, a handwritten form need not be completed, but a short form with the right thumbprint of the individual trading in the item shall be maintained, with an appropriate reference to the transaction. If it is not possible for the person to provide his or her right thumbprint on the full handwritten form or the short form, then another specifically designated fingerprint shall be provided. Upon request, the short form shall be immediately provided to the Kalamazoo Department of Public Safety.[1]
[Amended 1-16-2007 by Ord. No. 1819]
[1]
Editor's Note: Former Subsection C, requiring a higher license fee for secondhand dealers who do not submit required information by computer, which immediately followed this subsection, was repealed 1-16-2007 by Ord. No. 1819.

§ 24-7 Secondhand dealers license — Suspension with intent to revoke.

A. 
Any secondhand dealer's license issued pursuant to this chapter may be suspended by the City Clerk, which shall be deemed a suspension with intent to revoke. The suspension with intent to revoke shall automatically become a revocation of the license unless the dealer requests an appeal by requesting a hearing within 10 days pursuant to § 24-8 of the Kalamazoo City Code. If the City Clerk issues a notice of suspension with intent to revoke to a dealer, the dealer may not thereafter engage in the business of a secondhand dealer until the license is reinstated. Such notice shall provide the reasons for the suspension with intent to revoke and shall inform the dealer that the suspension with intent to revoke shall become a revocation of the license unless the dealer requests a hearing within 10 days pursuant to § 24-8 of the Kalamazoo City Code. The notice shall also provide that during the suspension or revocation that the license holder may not engage in the business of a secondhand dealer until the license is reinstated or reissued. The notice shall also provide that if the license is revoked, that the license may not be reissued or reinstated until a period of one year has expired and the applicant has fulfilled all the requirements of this chapter including the submission of a new application and application fee. The City Clerk is authorized to issue a notice of suspension with intent to revoke if any of the following exist:
(1) 
Violations of the license conditions or any requirements of this chapter, regardless of whether a conviction results;
(2) 
Violations of other applicable federal, state or local laws, ordinances, rules or regulations, regardless of whether a conviction results;
(3) 
Acts or omissions which are unlawful, fraudulent or deceptive or beyond and contrary to the scope of the license granted, regardless of whether a conviction results;
(4) 
That the secondhand dealer's business has been abandoned;
(5) 
That statements made on the application were false and misleading;
(6) 
Failure to pay personal property taxes and real property taxes assessed against the dealer for which penalties or interest have begun to accrue or failure to pay other debts owing to the City.
(7) 
That the dealer or any employees, officers, partners or agents of dealer have been convicted of any crime involving theft, dishonesty, receipt of stolen property or embezzlement within the last 10 years, or convicted of any felony within the last five years. The license shall not be subject to suspension if the conviction of an employee, officer, partner or agent of dealer for such a crime does not relate to dealer's business, providing the individual is no longer associated with the dealer's secondhand business.
B. 
A license which has been suspended pursuant to this section by the City Clerk may subsequently be reinstated by the City Clerk upon a showing to the City Clerk's satisfaction that the problems giving rise to the suspension have been rectified.
C. 
A license which has been revoked pursuant to this chapter may not be reissued or reinstated until a period of one year has expired and the applicant has fulfilled all the requirements of this chapter, including the submission of a new application and application fee.

§ 24-8 Secondhand dealers license — Denial and suspension/revocation appeal hearing procedure.

A. 
If the City Clerk has refused to issue a license or if a license is suspended with intent to revoke under this chapter, the aggrieved person is entitled to a de novo hearing by filing an appeal in writing with the City Manager within 10 days of the action by the City Clerk. The notice of appeal need not be on any particular form. The hearing shall be heard before the City Manager or his/her designate. The hearing shall commence at a time and place to be set by the City Manager's Office, but in any event within 20 days of the filing of the appeal. The City Manager's Office shall provide notice of the hearing to the aggrieved party, the City Clerk and the City Attorney.
B. 
The City of Kalamazoo shall be represented at the hearing by the City Attorney or his/her designate. The aggrieved party may be represented by counsel. The hearing officer shall hear and receive appropriate testimony and material evidence from each party, giving full and fair consideration to all the evidence presented. Both parties shall be entitled to submit evidence, to cross examine witnesses, and to make arguments concerning legal and factual issues. The Michigan Rules of Evidence shall be followed as far as practicable, but the hearing officer may admit and give probative effect to evidence of a type commonly relied upon by reasonably prudent people in the conduct of their affairs, and notice may be taken of facts within the general knowledge of the community. The hearing officer may limit arguments or the examination of witnesses if in the hearing officer's discretion the evidence or argument is irrelevant, repetitive or otherwise improper in the same manner that a judge could. The hearing officer shall ensure that the hearing is recorded unless both parties stipulate otherwise.
C. 
After completion of the hearing, the hearing officer shall issue a written opinion setting forth findings of fact and the decision. If the hearing relates to a suspension with intent to revoke, the decision shall be issued within seven days. If the hearing relates to the failure of the City Clerk to issue a license, the decision shall be issued within 14 days.
D. 
Any party aggrieved by the decision of the hearing officer may file leave to appeal said decision with the Kalamazoo County Circuit Court within 20 days of the decision of the hearing officer.

§ 24-9 Secondhand dealers — Violations, misdemeanor, enforcement.

A. 
Any person, corporation, or member or members of a copartnership or firm or other entity violating any provision of this chapter shall be deemed guilty of a misdemeanor for each and every day such violation exists.
B. 
Prosecutions for violations of this article may be commenced by arrest, complaint and warrant, or the issuance of an appearance ticket by the Kalamazoo Department of Public Safety. Further, the City of Kalamazoo may commence an action in Circuit Court for injunctive or other equitable or legal relief to prevent a continuing violation of this article.

§ 24-10 (Reserved)

§ 24-11 (Reserved)

§ 24-12 (Reserved)

§ 24-13 (Reserved)

§ 24-14 (Reserved)

§ 24-15 (Reserved)

[Adopted 11-18-1996 by Ord. No. 1628[1]]
DIVISION 1
Generally
[1]
Editor's Note: Ord. No. 1628, adopted 11-18-1996, superseded former Art. II, which pertained to similar subject matter and derived from the P&L Code, §§ PL1001.1 et seq., PL1211.1 et seq. and the following ordinances: Ord. No. 1095, 8-9-1976; Ord. No. 1111, 4-4-1977; Ord. No. 1179, 12-10-1979; Ord. No. 1344, 3-11-1985, Ord. No. 1474, 10-9-1989.

§ 24-16 Definitions.

As used in this article, the following terms shall have the meanings indicated:
LICENSE YEAR
That period from the first day of September through the 31st day of August of the following year.
RECYCLING DEALER
Any person (which shall include any corporation, partnership or any other commercial enterprise) who shall conduct or maintain as a business any building, structure, yard or place for keeping, sorting, storing, exchanging, buying or selling (including selling by consignment) any old or used recyclable or reusable material of any kind, including cloth, rags, paper, rubbish, rubber, bottles, iron, steel, brass, copper or any other metals, old boxes, cartons, crates, plastics, rubber tires, glass or refuse or dismantled or cannibalized vehicles or vehicle parts, equipment or liquids from such vehicles.

§ 24-17 Maintenance of premises generally.

A. 
A recycling dealer's business shall be conducted at all times in compliance with all applicable ordinances of the City and laws of the state.
B. 
A recycling dealer shall maintain the premises used in the conduct of the business so that rats, vermin and all other hazards to health are kept to a reasonable minimum and under control at all times, and shall comply promptly with all requests and directives of the County Health Department.

§ 24-18 Outside storage facilities.

Any recycling dealer who keeps, sorts or stores recycling materials outside shall comply with all applicable requirements set forth in Appendix A, Zoning Ordinance.

§ 24-19 Business not to create nuisance; operation of rubbish dump prohibited.

A recycling dealer's business shall be conducted so as to not create a nuisance by reason of noise, odors, smoke, fumes, vibration or any other reason or condition and no rubbish dump shall be operated or permitted in conjunction therewith.

§ 24-20 Noise control.

A recycling dealer's business shall be conducted at all times in accordance with the noise restrictions set forth in Chapter 21 of the Kalamazoo City Code. No heavy sorting shall take place and no break-up hammers shall be used on such premises between the hours of 9:00 p.m. and 7:00 a.m.

§ 24-21 Open burning. [1]

No burning of rubber or other substances which may pollute the air shall be permitted on premises used for a recycling dealer's business and any fires lighted or maintained upon such premises shall be subject to all reasonable rules and directives of the Chief of the Public Safety Department or the Fire Marshal.
[1]
Editor's Note: See also Ch. 15, Fire Prevention and Protection, for related provisions.

§ 24-22 Obstruction of adjoining streets, sidewalks, etc., prohibited.

All streets, sidewalks, alleys or rights-of-way, public or private, adjoining property used for a recycling dealer business shall be kept free of obstructions caused by the maintenance or operation of such business at such location.

§ 24-23 (Reserved)

§ 24-24 (Reserved)

§ 24-25 (Reserved)

§ 24-26 (Reserved)

§ 24-27 (Reserved)

§ 24-28 (Reserved)

§ 24-29 (Reserved)

§ 24-30 (Reserved)

§ 24-31 (Reserved)

§ 24-32 (Reserved)

DIVISION 2
Licenses

§ 24-33 Required.

No person (directly, indirectly or by an agent or employee) shall engage in the business of being a recycling dealer within the City, without first obtaining a license issued pursuant to this division.

§ 24-34 Application.

A. 
Application for a recycling dealer's license shall be made, in writing, to the City Clerk, who shall be authorized to receive and process said applications and to thereafter grant, deny, suspend or revoke said licenses. Application shall be on forms supplied by and to be filed with the City Clerk. Such application, which shall be signed and dated by the applicant, shall contain:
(1) 
The name and address of the applicant;
(2) 
The location where the business is to be carried on;
(3) 
The applicant's criminal record, if any;
(4) 
The applicant's prior experience as a recycling dealer;
(5) 
A statement that the information provided is true and accurate and that, if a license is granted, the applicant will abide by all applicable ordinances; and
(6) 
Such other information as may be deemed necessary by the City Clerk for the proper issuance and enforcement of a license.
B. 
Each application shall have attached to it a fully-dimensioned site plan of the entire property showing the location of all buildings, parking spaces, storage areas, fences or walls, gates and landscaping and all other features required by the applicable zoning requirements.

§ 24-35 License conditions.

A. 
All licenses are issued subject to the following conditions, which shall be noted on the application form:
(1) 
The applicant shall permit inspection of the licensed premises and/or activity at reasonable times by any properly identified officer or employee of the City;
(2) 
The applicant's license may be temporarily suspended by the City Clerk without prior notice or hearing when Development Services determines that such a suspension is necessary on an emergency basis to preserve the public health, safety or welfare;
(3) 
The applicant shall comply with all applicable federal, state and local laws, ordinances, rules and regulations during the term of the license; and
(4) 
The applicant shall not engage in the recycling dealer's business at any time after the license has expired, without having been reissued, or at any time when the license is suspended or revoked.
B. 
No license shall be issued unless and until the applicant has paid all personal property taxes and real property taxes assessed against the applicant for which penalties or interest have begun to accrue and unless the applicant has paid all other debts due and owing to the City.

§ 24-36 Fee.

The annual fee for a license required by this division shall be as set from time to time by the City Commission by motion or resolution. If a license is applied for after March first of any year, the license fee shall be 1/2 the annual fee, for the balance of the license year.

§ 24-37 Issuance procedure.

A. 
On receiving an application for a license under this division, the City Clerk shall immediately transmit the same to the Director of Development Services, who, after consultation with the Department of Public Safety and the City Treasurer, shall promptly cause a report to be prepared regarding the applicant and any other matters pertinent to the issuance of the license. The report shall recommend for or against issuance of the license and shall contain information regarding:
(1) 
Whether there is compliance with all applicable laws, ordinances, rules and regulations relating to health, sanitation, building, zoning, fire code and all other applicable regulations and requirements of the City and the State of Michigan relative to fire safety, health, sanitary, building and zoning laws, rules and regulations at the proposed recycling dealer's place of business; and
(2) 
The applicant's criminal history, if any, and whether there is any evidence that the applicant cannot serve the public in a fair, honest and open manner; and
B. 
Upon receiving such report, the City Clerk shall either approve or deny the license in accordance with the said report's recommendation. If the City Clerk approves the license, it shall be issued upon payment of the appropriate license fees.

§ 24-38 Denial of a license.

If the City Clerk denies the issuance of a license, the reasons for doing so shall be set forth in writing and mailed first-class to the applicant. The applicant may request a hearing to review the decision, pursuant to the procedures set forth in § 24-45.

§ 24-39 Certain officials to be notified of issuance.

It shall be the duty of the City Clerk to notify the Director of Development Services of all licenses issued under the provisions of this division within five business days of issuance.

§ 24-40 Display.

Every license issued under this division shall be conspicuously displayed at the recycling dealer's place of business.

§ 24-41 Not transferable.

No license issued under this division shall be transferable.

§ 24-42 Expiration.

Every license issued under this division shall automatically expire on the following September 1; the conduct of any business under such license shall immediately cease upon such date unless and until a new license has been secured in accordance with the provisions of this division.

§ 24-43 Suspension or revocation.

A. 
Any license issued pursuant to this article shall thereafter be indefinitely suspended by the City Clerk when Development Services determines that, regarding the recycling dealer, any of the following exist:
(1) 
Violations of the license conditions;
(2) 
Violations of this article;
(3) 
Violations of other applicable federal, state or local laws, ordinances, rules or regulations;
(4) 
Acts or omissions which are unlawful, fraudulent or deceptive or beyond and contrary to the scope of the license granted;
(5) 
That the recycling dealer's business has been abandoned;
(6) 
That statements made on the recycling dealer's application were false; or
(7) 
Failure of the recycling dealer to pay taxes (for which interest or penalties have accrued) or other debts due to the City; or
(8) 
That the license holder has been convicted of a felony involving theft, receipt of stolen property or embezzlement.
B. 
A license which has been suspended by the City Clerk may subsequently be reinstated by the City Clerk upon a showing to Development Service's satisfaction that the problems giving rise to the original suspension have been corrected.

§ 24-44 Suspension and revocation — Procedure.

A. 
Before suspending or revoking a license, the City Clerk shall mail, by first class mail, to the license-holder a notice of intent to suspend/revoke. Said notice shall include the following:
(1) 
Notice that the license will be suspended or revoked unless the license-holder, within 10 days, requests (in writing) a hearing; and
(2) 
A recitation of the facts which support the belief that cause exists to take the proposed action.
B. 
If a written request for a hearing is not received, within the time allowed, the City Clerk shall issue a notice of suspension/revocation. Said notice shall include the following:
(1) 
The date the earlier notice of intent to suspend/revoke was mailed;
(2) 
The fact that a hearing was not requested in a timely fashion, by the license-holder;
(3) 
The fact that the license is suspended or revoked and that the former license-holder shall not engage in the business of recycling dealing unless and until the license is reinstated or a new license is issued;
(4) 
The fact that a license which has been suspended may be reinstated upon a showing, that the problems which gave rise to the suspension have been corrected; and
(5) 
The fact that the former license-holder may request (in writing) a hearing to contest the suspension or revocation.
C. 
Upon the determination by Development Services that a suspension of the recycling dealer's license is necessary on an emergency basis to preserve the public health, safety or welfare, the City Clerk shall issue a notice of immediate suspension. Said notice shall include the following:
(1) 
A recitation of the facts supporting the action taken;
(2) 
The fact that the license has been suspended or revoked and that the former license-holder shall not engage in the business of recycling dealing unless and until the license is reinstated or a new license is issued; and
(3) 
The fact that the former license-holder may request a hearing to contest the suspension or revocation.

§ 24-45 Hearings.

A. 
Upon the filing of a request with the City Clerk, a person is entitled to a de novo hearing regarding:
(1) 
The City Clerk's denial of a license application;
(2) 
The City Clerk's issuance of a notice of intent to suspend/revoke;
(3) 
The City Clerk's issuance of a notice of suspension/revocation; or
(4) 
The City Clerk's issuance of notice of immediate suspension/revocation.
B. 
The City Clerk shall immediately forward a copy of a request for a hearing to the City Manager, who shall refer the matter to the designated hearing officer.
C. 
A hearing which relates to the City Clerk's issuance of a notice of immediate suspension/revocation shall occur within 10 days of the receipt by the City Clerk of the former license-holder's request for hearing. All other hearings shall occur within a reasonable time.
D. 
The license-holder (or former license-holder) shall be notified of the time, date and place of the hearing as soon as practicable. The license-holder (or former license-holder) shall be entitled to be represented by counsel, to submit evidence, to cross-examine testifying witnesses, and to make arguments concerning the factual and legal issues. The rules of evidence shall be followed as far as practicable but a hearing officer may admit and give probative effect to evidence of a type commonly relied upon by reasonably prudent people in the conduct of their affairs. Irrelevant, immaterial or unduly repetitious evidence may be excluded. Notice may be taken of facts within the general knowledge of the community. The hearing officer shall ensure that the entire hearing is recorded.
E. 
After a hearing has occurred, the hearing officer shall issue a written opinion setting forth findings of fact and a decision. When the hearing relates to a notice of immediate suspension/revocation, the written opinion shall be issued within seven days of the date of the hearing. In all other hearings, the written opinion shall be issued within a reasonable time.

§ 24-46 Appeal.

A. 
An owner aggrieved by any final decision of the City pursuant to this article may file a petition for an order of superintending control with the Kalamazoo County Circuit Court so long as said petition is filed within 20 days from the date of the mailing of the City's decision to the licensee.

§ 24-47 Misdemeanor.

Any person found violating any provision within this chapter shall be deemed guilty of a misdemeanor for each and every day such a violation exists.

§ 24-48 Enforcement.

Prosecutions for violations of this article may be commenced by the issuance of an appearance ticket, which may be issued and served by Development Services. In addition or in the alternative, the City may suspend or revoke the recycling dealer's license or may commence an injunctive action in the Circuit Court to prevent a continuing violation.