[9-9-2013 by Ord. No. 1354[1]]
(a) 
The general term "license" used in this chapter shall also be synonymous with the term "permit."
(b) 
Unless otherwise specifically provided, licenses required by this Code shall be issued according and subject to the terms, conditions and procedures of this article or applicable sections of this chapter. Where other sections of this Code relating to specific licenses are in conflict or inconsistent with this article or this chapter, the former shall govern.
[1]
Editor's Note: Ord. No. 1354, adopted 9-9-2013, amended Art. II in its entirety to read as set out. Former Art. II, §§ 12-31 — 12-47, pertained to similar subject matter and derived from the Code of 1975, § 21-1 — 21-13, 21-25 — 21-29; the Code of 1992, §§ 18-1 — 18-17.
[9-9-2013 by Ord. No. 1354]
No person shall engage or be engaged in the operation, conduct or carrying on of any trade, profession, business or privilege for which any license is required by any section of this Code, without first obtaining a current license from the City.
[9-9-2013 by Ord. No. 1354]
The granting of a license to any person operating, conducting or carrying on any trade, profession, business or privilege which contains within itself or is composed of trades, professions, businesses or privileges which are required by this Code to be licensed shall not relieve the person to whom such license is granted from the necessity of securing individual licenses for each such trade, profession, business or privilege.
[9-9-2013 by Ord. No. 1354]
The fact that a license or permit has been granted to any person by the state to engage in the operation, conduct or carrying on of any trade, profession, business or privilege shall not exempt such person from the necessity of securing a license from the City, if such license is required by this Code.
[9-9-2013 by Ord. No. 1354]
Unless otherwise provided in this Code, every person required to obtain a license from the City to engage in the operation, conduct or carrying on of any trade, profession, business or privilege shall make application for such license to the designated City official on forms provided by the City and shall state under oath or affirmation such facts as may be required for or applicable to the granting of such license.
[9-9-2013 by Ord. No. 1354]
(a) 
The fee required by this Code for any license shall be paid at the office of the issuing authority prescribed in this Code, upon or before the issuance of the license. The license, when issued, shall serve as a receipt for the payment of the fee.
(b) 
No license fee shall be prorated, unless otherwise specifically provided.
[9-9-2013 by Ord. No. 1354]
No license fee shall be required from any person exempt from such fee by state or federal law. Such persons shall comply with all other sections of this article, applicable sections of this chapter and other sections of this Code relating to licenses.
[9-9-2013 by Ord. No. 1354]
(a) 
No license required by 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 of such state license or permit and proof that all fees appertaining thereto have been paid.
(b) 
No license shall be granted to any applicant therefor until such applicant has complied with all of the sections of this Code applicable to the trade, profession, business or privilege for which application for the license is made.
(c) 
No license shall be issued to any person who is indebted or obligated to the City for any sum of money, other than for current taxes.
[9-9-2013 by Ord. No. 1354]
Where the sections of this Code require that the applicant for any license furnish a bond, such bond shall be furnished in an amount deemed adequate by the proper City officer or, where the amount thereof is specified in this Code, in the amount so required. The form of such bond shall be acceptable to the City Attorney. In lieu of a bond, an applicant for a license may furnish one or more policies of insurance in the same amounts and providing the same protection as called for in any such bond. Such policies of insurance shall be approved, as to substance, by the City official issuing the license, and as to form by the City Attorney. No license shall be issued to any applicant unless the required bond or insurance has been posted by him or her.
[9-9-2013 by Ord. No. 1354]
If the application for any license is approved by the proper officers of the City, as provided in this Code, and all other applicable sections of this Code have been complied with, the license shall be issued by the designated City official.
[9-9-2013 by Ord. No. 1354]
(a) 
No licensee shall fail to carry any license issued in accordance with this Code upon his or her person at all times when engaged in the operation, conduct or carrying on of any trade, profession, business or privilege for which the license was granted. However, where such trade, profession, business or privilege is operated, conducted or carried on at a fixed place or establishment, such license shall be exhibited at all times in some conspicuous place in the licensee's place of business. Every licensee shall produce his or her license for examination when requested to do so by any police officer or by any person representing the issuing authority.
(b) 
No licensee shall fail to display conspicuously on each vehicle or mechanical device or machine required to be licensed by this Code such tags or stickers as are furnished by the City Clerk or other issuing authority.
(c) 
No person shall display any expired license or any license for which a duplicate has been issued.
[9-9-2013 by Ord. No. 1354]
(a) 
Except as otherwise provided, all licenses issued by the City shall be annual licenses. The license year shall begin January 1 of each year and shall terminate at 12:00 midnight on December 31 of that year. Original licenses shall be issued for the balance of the license year at the full license fee, except where otherwise expressly provided. Applications for license renewals shall be accepted and licenses issued for a period of 30 days prior to the annual expiration date. In all cases where the sections of this Code permit the issuance of licenses for periods of less than one year, the effective date of such licenses shall commence with the date of issuance thereof.
(b) 
Unless otherwise provided in this Code, an application for renewal of a license shall be considered in the same manner as an original application. The licensee shall produce his or her license for examination when applying for the renewal thereof.
(c) 
When a license is not renewed on or before its expiration, the following late fees shall be charged and collected, in addition to the regular license fee:
(1) 
An amount equal to 25% of the license fee, if paid within 15 days after expiration of the license; and
(2) 
An amount equal to 50% of the license fee, if paid thereafter.
(d) 
Licenses issued under this chapter are not transferable, separable or divisible.
[9-9-2013 by Ord. No. 1354]
No license shall be granted where the certification of any officer or board or other agency of the City is required prior to the issuance thereof, until such certification is made.
[9-9-2013 by Ord. No. 1354]
In all cases where the carrying on of a trade, profession, business or privilege involves the use of any structure or land, a license therefor shall not be issued until the Zoning Administrator shall certify that the proposed use is not prohibited by the zoning regulations of the City.[1]
[1]
Editor's Note: See Ch. 52, Zoning.
[9-9-2013 by Ord. No. 1354]
In all cases where the certification of the fire operations chief is required prior to the issuance of any license, such certification shall be based upon an actual inspection and a finding that the premises in which the person making application for such license proposes to conduct or is conducting the trade, profession, business or privilege complies with all the fire regulations of the state and of the City.[1]
[1]
Editor's Note: See also Ch. 24, Fire Prevention and Protection.
[9-9-2013 by Ord. No. 1354]
(a) 
In all cases where the certification of the Director of Public Safety is required prior to the issuance of any license, such certification shall be based upon a finding that the person making application for such license is of good moral character as defined in this section.
(b) 
The phrase "good moral character," when used in this Code for the purpose of licensing, shall be construed to mean the propensity on the part of the person to serve the public in the licensed area in a fair, honest and open manner.
(c) 
A judgment of guilt in a criminal prosecution or a judgment in a civil action shall not be used, in and of itself, as proof of a person's lack of good moral character. It may be used as evidence in the determination, and when so used the person shall be notified and shall be permitted to rebut the evidence by showing that at the current time he or she has the ability and is likely to serve the public in a fair, honest and open manner; that he or she is rehabilitated; or that the substance of the former offense is not reasonably related to the occupation or profession for which he or she seeks to be licensed.
(d) 
The following criminal records shall not be used, examined or requested by the City in a determination of good moral character:
(1) 
Records of an arrest not followed by a conviction.
(2) 
Records of a conviction which has been reversed or vacated, including the arrest records relevant to that conviction.
(3) 
Records of an arrest or conviction for a misdemeanor or a felony unrelated to the person's likelihood to serve the public in a fair, honest and open manner.
(4) 
Records of an arrest or conviction for a misdemeanor for the conviction of which a person may not be incarcerated in a jail or prison.
(e) 
When a person is found to be unqualified for a license because of a lack of good moral character or similar criteria, the person shall be provided with a statement of the reasons upon which the determination was based. The person may request an informal meeting with the Director of Public Safety, or designee, for the purpose of providing relevant evidence not previously considered regarding the qualifications. If the Director of Public Safety, or designee, upholds the determination, the person may appeal such action in accordance with § 12-49. For purposes of appeal, the notification date of the denial of a license is the date of the informal meeting.
[9-9-2013 by Ord. No. 1354]
(a) 
Except for denials based on § 12-46, the designated City official shall notify an applicant of a denied license. At the applicant's request, the designated City official shall provide the reason(s) for the denial by written notice sent by regular mail.
(b) 
Any applicant aggrieved by the denial of a license may appeal such action in accordance with § 12-49. For purposes of appeal, the notification date is the date the applicant was personally notified or when the notice was deposited in the United States Mail, whichever is later.
[9-9-2013 by Ord. No. 1354]
(a) 
A license issued under this chapter may be suspended or revoked by the City Manager for cause in a manner provided in this section. The term "cause" as used in this section shall include, but not be limited to, the following:
(1) 
Fraud, misrepresentation or any false statement made in the license application;
(2) 
Fraud, misrepresentation or any false statement made in the operation of the licensed business;
(3) 
Any crime or misdemeanor involving moral turpitude;
(4) 
Conducting a business in an unlawful or fraudulent manner or in such a manner as to constitute a breach of the peace, or by being a menace to the health, morals, safety or welfare of the public;
(5) 
Violating any federal or state law, any ordinance, resolution, rules and regulations or conditions imposed upon the licensee having a reasonable relationship to the conduct of the business operations; or
(6) 
Having ongoing or uncorrected violations of any City code.
(b) 
Whenever the City Manager shall have evidence to warrant the suspension or revocation of a license, the licensee shall be notified as follows:
(1) 
Written notice shall be delivered personally or sent by certified or registered mail to the address shown on the application. For purposes of appeal, the notification date is date the licensee was personally notified or when the notice was deposited in the United States Mail, whichever is later.
(2) 
A suspension notice shall inform the licensee of the reason(s) for such suspension, the duration of the suspension and the right to appeal under the provisions of this chapter.
(3) 
A revocation notice shall inform the licensee of the reason(s) for such revocation, the effective date of the revocation and the right to appeal under the provisions of this chapter.
(c) 
Any person whose license has been suspended for cause shall not be eligible to reinstate the license until the causes have been satisfactorily corrected and a reinstatement fee has been paid to the City. The reinstatement fee shall be established by resolution of the City Council from time to time.
(d) 
Any person whose license has been revoked for cause shall not be eligible for a license authorized under this chapter for a period of one year. When applying for a future license under this chapter, a reinstatement fee shall be assessed in addition to the regular license fee as set by resolution of the City Council from time to time.
(e) 
Suspension or revocation of a license may be appealed by the licensee in accordance with § 12-49.
[9-9-2013 by Ord. No. 1354]
Within seven business days of the date of notification that a license has been denied, suspended or revoked under this chapter, an applicant or a licensee (hereinafter referred to as "requestor") may appeal such action in accordance with the following:
(1) 
The appeal shall be initiated by filing with the City Manager a written objection of the action denying, suspending or revoking a license. The written objection shall state the requestor's name, mailing address, contact number and the specific reasons for believing the action was erroneous. During the appeal process, denials, suspensions or revocations remain in effect.
(2) 
Unless the requestor submits in writing a request for a longer time, the City Manager shall conduct a hearing within five business days from the date the appeal was initiated. The requestor shall be informed personally or in writing of the date, time and place of the hearing.
(3) 
The requestor shall have an opportunity to present a defense to the charge(s), to cross examine any witnesses and examine evidence produced against him or her. Following the hearing, the City Manager may reverse or uphold the denial, suspension or revocation and shall notify the requestor in writing. The City Manager's decision shall be final and conclusive.
(4) 
No fees shall be refunded for licenses which have been suspended or revoked.