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.