[Code 1955, § 7-1.2; amended 8-7-2002 by Ord. No. 1345; Ord. No. 1390, 6-2-2004; 5-14-2014 by Ord. No. 1628; 1-17-2018 by Ord. No. 1713]
No person shall engage in the operation, conduct or carrying on of any trade, profession, business or privilege for which any license or permit is required by any section of this Code without first obtaining such a license or permit from the City, in the manner and from the City officer required by this chapter, or by the provision of this Code requiring such license or permit. Persons not previously licensed under any provision of the Code of the City of Holland (1955) or any other ordinance of the City and who are required by the provisions of this Code to obtain a license or permit shall apply for the same within 21 days after the effective date (June 23, 2004) of this ordinance amendment.
The following trades, professions, businesses or privileges are required to obtain a license or permit pursuant to the chapters of this Code as referenced below:
[Code 1955, § 7-1.4]
Unless otherwise provided in the provisions of this Code requiring a license, the City Clerk shall be the licensing authority of the City. Unless so provided, applications for licenses from the City shall be made to the City Clerk, upon forms provided by him or her, and licenses shall be issued by him or her, subject to the conditions set forth in this chapter. All statements of fact in the application shall be made upon oath or affirmation.
[Code 1955, § 7-1.22]
The City Clerk shall keep a record of all applications for licenses filed with him or her, indicating thereon whether the license applied for in each case has been granted or withheld, and, if withheld, the reason therefor.
[Code 1955, § 7-1.3]
No license shall be granted or delivered until the applicant therefor has complied with all the required conditions precedent to its issuance.
[Code 1955, § 7-1.15]
No applicant to whom a license has been refused or whose license has been revoked shall make further application for a license for at least six months after such last previous rejection or revocation, unless he or she can show, to the satisfaction of the City Clerk, that the reason for such rejection or revocation no longer exists.
[Code 1955, § 7-1.5; Ord. No. 865]
The City Clerk may refer any application for a license to the Chief of Police, the Fire Chief, the Building Inspector or the Health Officer, or to any two or more of them, for an investigation and recommendation on matters pertaining to the public safety, health or welfare which are or may be involved in the exercise of the license applied for, and the City Clerk may require the giving of fingerprints and such other information as may be necessary to establish the identity of the applicant.
The City Clerk shall refer an application for a license to the City Treasurer for review. The City Treasurer shall report to the City Clerk whether the applicant owes any personal property taxes to the City which are due and unpaid for the activity or business establishment to be licensed.
[Code 1955, § 7-1.6]
Unless otherwise provided in the provision of this Code requiring a license, the license year of the City shall begin on May 1 in each year and shall terminate on April 30 of the following calendar year. Each license granted under the provisions of this Code shall expire on the next succeeding April 30; provided, that any annual license issued between March 30 and April 30 of any year shall expire on April 30 of the calendar year next following the issuance thereof. In all cases where the provisions of this Code permit the issuance of licenses for a period of less than one year, any license so issued shall become effective on the date of the issuance thereof.
[Code 1955, § 7-1.7]
No license required by any provision of this Code shall be issued to any person who is required to have a license or permit from the state until such person shall submit evidence that he or she has secured or has made application for such state license or permit.
[Code 1955, § 7-1.19]
Except for a reasonable time after the loss or destruction thereof, no person to whom a license has been granted shall fail to carry such license upon his or her person when engaged in the operation, conduct or carrying on the trade, profession, business or privilege for which the license was granted; except, that where such trade, profession, business or privilege is operated, conducted or carried on at a fixed place or establishment, or from or in a vehicle, such license shall be exhibited at all times in some conspicuous place in such place, establishment or vehicle. No person shall fail, except within a reasonable time after the loss or destruction thereof, to produce any license granted by the City when requested to do so by any City police officer, health officer or City inspector or by any person representing the issuing authority.
[Code 1955, § 7-1.12]
No person shall display any expired license or any license for which a duplicate has been issued.
[Code 1955, § 7-1.8]
Each license certificate and permit issued by the City shall be and shall remain the property of the City and no person shall alter or deface the same.
[Code 1955, § 7-1.11; Ord. No. 1069, 10-7-1992]
No license or permit shall be issued under this Code except upon payment of the fees as established by a resolution adopted by City Council; provided, that no license or permit fee shall be required from any person who is exempt from such fee by any provision of state or federal law. Such persons shall comply with all other provisions of this chapter and of the chapter requiring the license for which such fee is required. In the event that a license or permit is denied to any applicant, a portion of the fee paid by him or her as established by a resolution adopted by City Council, shall be refunded.
Whenever any annual license is applied for and issued between October 31 and March 30, the fee therefor shall be 1/2 of the annual fee for such license; provided, however, that no annual license fee of $5 or less shall be so prorated.
[Code 1955, § 7-1.10; Ord. No. 866; Ord. No. 1069, 10-7-1992; Ord. No. 1494, 3-5-2008]
Applications for the renewal of any license or food service permit ("permit") shall be considered to be and shall be treated in the same manner as an original application for such license or permit.
If a licensee files an application to renew a license or permit issued by the City on or after May 1, or fails to pay the applicable license or permit fee on or before May 1, the City Clerk shall not renew the license or permit until the applicant pays an administrative late fee as established by a resolution adopted by City Council to the City Treasurer for each license or permit to be issued. Persons who are not conducting business within the City for an activity or business establishment to be licensed shall not be subject to the administrative late fee upon subsequent timely application for a license or permit.
The City Clerk shall not renew a license or permit if the applicant owes any personal property taxes, license fees, food service permit fees, or administrative late charges to the City which are due and unpaid.
[Code 1955, § 7-1.13]
A license issued by the City shall not be transferable, unless specifically authorized by the provisions of this Code requiring it, and then only in accordance with such provisions.
[Code 1955, § 7-1.14]
Except as otherwise provided in this Code, no person shall permit by lease or otherwise any other person to use or employ any license issued to him or her by the City.
[Code 1955, § 7-1.21]
Any person holding a license under any provision of this Code may obtain a duplicate copy of such license in case the original has been lost, destroyed or so worn or soiled as to be partially or wholly illegible.
No such duplicate copy shall be issued until the licensee shall return the original to the City Clerk, or file an affidavit with the City Clerk to the effect that such license has been destroyed or lost. Any duplicate license issued shall be plainly marked on its face, "Duplicate."
[Code 1955, § 7-1.16]
Any license required by this Code may be suspended, or the renewal thereof refused, by the issuing officer for misrepresentation of any material fact in the application for such license. Any license may be suspended by the officer who is responsible for the enforcement thereof for any good cause. Such officer shall notify the issuing officer of each such suspension and of the reinstatement of such license upon the termination of such suspension. Any license may be revoked by the Council for any good cause. No license fee shall be refunded to any licensee in case of the revocation or suspension of a license for good cause. The term "good cause," as used in this section, shall mean any act, omission or the permitting of a condition to exist, with respect to the license in question, which is:
Contrary to the health, morals, safety or welfare of the public;
Unlawful or fraudulent in nature;
A violation of the chapter under which the license was granted;
Beyond the scope of the license issued; or
A fact, circumstance or condition which, had it existed or been known to the issuing authority at the time the license was granted, would have been sufficient grounds for the refusal thereof.
[Code 1955, § 7-1.17]
No license under this Code shall be revoked except after hearing before the Council following not less than 10 days' written notice to the licensee stating the time and place of such hearing and setting forth the reasons for revocation.
[Code 1955, § 7-1.18; amended 7-26-2016 by Ord. No. 1673]
An applicant for any license who has been refused a license or the renewal of a license for any reason by the authorized issuing officer or whose license has been suspended, unless an appeal is provided to another agency by this Code or by state law, may appeal such refusal or suspension to the Council by setting forth all of the facts in a written petition and filing the same with the City Clerk within five days after such refusal. The Council shall grant a hearing to the applicant, upon the same notice as is required by Section 17-19. The decision of the Council on such appeal shall be final.
[Code 1955, § 7-1.9]
Acceptance by any person of a license granted by the City under this Code shall constitute permission to any officer of the City, within the authority granted him or her by the section of this Code under which such license was granted, to enter upon and inspect the licensed premises at all reasonable times.
[Code 1955, § 7-1.1]
Except as otherwise specifically provided in this Code, the term "licensee" shall mean and include any person to whom a license has been issued under any provision of this chapter and the employees or agents of such person.