[Ord. No. 110706B §1, 11-7-2006; Ord. No. 051909A §1, 5-19-2009; Ord. No. 061609 §1, 6-16-2009]
No person, firm or corporation shall carry on or operate, maintain or engage in the business of operating a rock quarry or mining or extracting rock or other minerals from the ground within the limits of the City without first obtaining a license which shall be issued by the City to such person, firm or corporation upon proper application being made therefore and payment of the fee prescribed by the Board of Aldermen. No such license shall be transferable or assignable. Any license that is issued to a designated location shall not be used for any other location unless the permission of the Board of Aldermen shall have been obtained for such change.
[Ord. No. 110706B §1, 11-7-2006]
The license application shall be accompanied by proof satisfactory to the Board of Aldermen that such licensee has public liability insurance with some insurance company acceptable to the Board of Aldermen in an amount not less than one million dollars ($1,000,000.00) and carrying the provision that said insurance company shall agree to notify the City at least ten (10) days before any cancellation of such policy. Licensee shall either replace any cancelled liability insurance immediately or the license hereby granted shall terminate.
[Ord. No. 110706B §1, 11-7-2006; Ord. No. 051909A §2, 5-19-2009; Ord. No. 061609 §2, 6-16-2009]
The fee for such occupation license shall be the sum of one thousand dollars ($1,000.00) per year, payable in advance, plus a fee equal to forty cents ($.40) per ton for each ton of limestone sold or physically removed from the rock quarry or mine property. The tonnage fee shall be paid by the first (1st) day of August and first (1st) day of February each year.
[Ord. No. 110706B §1, 11-7-2006]
The term of the license shall be from June first (1st) of one year until May thirty-first (31st) of the following year except as prescribed herein.
[Ord. No. 110706B §1, 11-7-2006; Ord. No. 051909A §3, 5-19-2009; Ord. No. 061609 §3, 6-16-2009]
The one thousand dollar ($1,000.00) lump sum fee shall be prorated for the balance of the year remaining before the next date of the regular issuance of occupational license hereunder on a one-quarter (¼) year basis. The fee to be tendered at the time of the original application by each applicant shall be determined by the one-quarter (¼) of the license year in which the application is made.
[Ord. No. 110706B §1, 11-7-2006; Ord. No. 051909A §4, 5-19-2009; Ord. No. 061609 §4, 6-16-2009]
In determining the tonnage fee due the City, the licensee shall make its records of tonnage sold available to an appropriate representative of the City for inspection upon request; provided however, if the licensee shall have been required by the terms of any lease or agreement to certify tonnage sold or removed from the mine or rock quarry site to any lessor or licensor, and if licensee shall have provided certified records of tonnages sold as set forth in said lease or agreement which have been accepted in writing by certified public accountant of the lessor or licensor, such certified record shall be deemed to be an acceptable record of tonnage sold for the basis of the fee or charge to be made by the City of Peculiar under the provision of this Chapter.
[Ord. No. 110706B §1, 11-7-2006]
The City Clerk shall issue any such license in such form as shall have been prescribed by the Board of Aldermen.
[Ord. No. 110706B §1, 11-7-2006]
The City Clerk shall issue such license subject to the licensee's compliance with all zoning requirements and shall have the power to revoke any license for failure to comply with the zoning requirements.
[Ord. No. 110706B §1, 11-7-2006; Ord. No. 051909A §5, 5-19-2009; Ord. No. 061609 §5, 6-16-2009]
Deliberate violation of the terms of this Chapter shall be punishable by fine not to exceed five hundred dollars ($500.00) or imprisonment for not more than ninety (90) days for each offense. Each day's operation of such business without having obtained the necessary license as provided for herein shall constitute a separate violation. Nothing in this Section shall be construed to prohibit the City from prosecuting a civil action to collect unpaid license fees.