[Code 1980 §7-1; CC 1990 §14-111]
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
Any tree, balsam, pine or otherwise, which has been cut and
is sold or offered for sale as a "Christmas tree" as that term is
commonly known by the public other than such trees sold for replanting
and other than artificial trees made of metal or plastic substance.
Wreaths, sprays or other decorations made from Christmas
trees, as herein defined, or parts thereof but not decorations made
from plastic, glass or metal substance.
[Code 1980 §7-2; CC 1990 §14-112]
A.
The
property on which sales of Christmas trees are conducted shall be
well lighted.
B.
There
shall be physically present on such property a fire extinguisher of
a type approved by the Underwriters' Laboratory, Inc., for class "A"
fires and if kept in a place subject to freezing, then of a non-freezing
type.
[Code 1980 §7-3; CC 1990 §14-113; Ord. No. 5185, 11-12-1990]
There shall be permitted one (1) sign not exceeding thirty-two
(32) square feet which may state the organization or business names.
The sign must be located within the perimeter of the lot upon which
the Christmas trees are sold. Such sign shall be permitted only on
the Christmas tree lot for the period from November twentieth (20th)
to December thirty-first (31st) of each year.
[Code 1980 §7-16; CC 1990 §14-126]
It shall be unlawful for any person to sell or offer for sale any Christmas tree or other Christmas decoration, as defined in Section 605.060, without first obtaining a land use permit for such sale as provided by this Article.
[Code 1980 §7-17; CC 1990 §14-127; Ord. No. 5460, 1-25-1993]
[Code 1980 §7-18; CC 1990 §14-128]
Upon filing of an application for a permit as required by Section 605.075 with the City Clerk, such application will be forwarded to the Building Commissioner to determine the classification of the property on which the sales are to be conducted. If the classification is districts zoned "B-1", "B-2", "B-3", "B-4", "M-1", "M-2" and "M-3", a permit will be granted by the City Clerk. If the classification is otherwise, the application will be returned by the Building Commissioner to the City Clerk with the notation to that effect and will in turn be forwarded by the City Clerk to the Chief of Police who shall then determine the nature of the institution, organization or association desiring to secure the permit. If the determination by the Chief of Police is in compliance with Section 605.075, the City Clerk may issue the permit.
[Code 1980 §7-19; CC 1990 §14-129]
Prior to the issuance of a permit in accordance with this Article,
a cash deposit of fifty dollars ($50.00) for each selling outlet will
be posted with the City Clerk, the purpose of which is to guarantee
that the premises on which the sales are conducted are cleaned of
rubbish and debris and unsold trees removed by the fifth (5th) day
following the expiration of this permit. The Building Commissioner
shall investigate each lot on the aforesaid fifth (5th) day following
the expiration of the permit and if found to be clean and the unsold
trees removed, the cash deposit will be refunded; otherwise the cash
deposit will be forfeited. Permits for the sale of Christmas trees
shall be obtained for each selling outlet and the charge for each
will be twenty-five dollars ($25.00) payable at the time of issuance;
however, non-profit, charitable or religious organizations which actually
comprise the selling outlet may be exempted from the requirement of
paying this permit fee by the Mayor or City Council.
[Code 1980 §7-20; CC 1990 §14-130; Ord. No. 5175, 10-8-1990]
The permit provided for by this Division shall authorize sales
of Christmas trees from November twentieth (20th) to December thirty-first
(31st) next following during the hours of 8:00 A.M. to 10:00 P.M.
Permits issued under the provisions of this Article shall specify
the dates during which they are valid and a new permit shall be required
in each calendar year.
[Code 1980 §7-21; CC 1990 §14-131]
Any person who has paid a merchant's license tax to the City shall be credited with the amount so paid and if the amount of the merchant's license tax shall exceed the permit fee required by this Division, no fee shall be required; however, nothing in this Section shall be construed to exempt any person from giving the cash deposit required by Section 605.090.
