[HISTORY: Adopted by the Board of Trustees of the Village
of Warrensburg as Title 3, Ch. 1, of the 1978 Code. Amendments noted
where applicable.]
Applications for all licenses and permits required by ordinance
shall be made in writing to the Village Administrative Clerk in the
absence of provision to the contrary. Each application shall state
the name of the applicant, the permit or license desired, and the
location to be used, if any, the time covered and the fee to be paid;
and each application shall contain such additional information as
may be needed for the proper guidance of the Village officials in
the issuing of the permit or license applied for.
Whenever in this Code a license is required for the maintenance,
operation or conduct of any business or establishment, or for doing
business or engaging in any activity or occupation, any person or
corporation shall be subject to the requirement if, by himself or
through an agent, employee or partner, he holds himself forth as being
engaged in the business or occupation; or solicits patronage therefor,
actively or passively; or performs or attempts to perform any part
of such business or occupation in the Village.
Forms for all licenses and permits, and applications therefor,
shall be prepared and kept on file by the Administrative Clerk.
Each license or permit issued shall bear the signatures of the
Village President and the Administrative Clerk in the absence of any
provision to the contrary.
No license shall be issued for the conduct of any business, and no permit shall be issued for any thing or act, if the premises and building to be used for the purpose do not fully comply with the requirements of the Village. No such license or permit shall be issued for the conduct of any business or performance of any act which would involve a violation of Chapter 980, Zoning.
The location of any licensed business or occupation, or of any
permitted act, may be changed, provided 10 days' notice thereof is
given to the Village Administrative Clerk, in the absence of any provision
to the contrary, provided that the building and zoning requirements
of this Village Code[1] are complied with.
No business, licensed or not, shall be so conducted or operated
as to amount to a nuisance in fact.
A.
Whenever inspections of the premises used for or in connection with
the operation of a licensed business or occupation are provided for
or required by ordinance, or are reasonably necessary to secure compliance
with any ordinance provision or to detect violations thereof, it shall
be the duty of the licensee, or the person in charge of the premises
to be inspected, to admit thereto for the purpose of making the inspection
any officer or employee of the Village who is authorized or directed
to make such inspection at any reasonable time that admission is requested.
B.
Whenever an analysis of any commodity or material is reasonably necessary
to secure conformance with any ordinance provision or to detect violations
thereof, it shall be the duty of the licensee of the Village whose
business is governed by such provision to give to any authorized officer
or employee of the Village requesting the same sufficient samples
of such material or commodity for such analysis upon request.
C.
In addition to any other penalty which may be provided, the President
and Board of Trustees may revoke the license of any licensed proprietor
of any licensed business in the Village who refuses to permit any
such officer or employee who is authorized to make such inspection
or take such samples to make the inspection, or take an adequate sample
of the said commodity, or who interferes with such officer or employee
while in the performance of his duty in making such inspection, provided
that no license shall be revoked for such cause unless written demand
is made upon the licensee or person in charge of the premises, in
the name of the Village, stating that such inspection or sample is
desired at the time it is sought to make the inspection or obtain
the sample.
Upon the receipt of an application for a license or permit where
regulations of the Village necessitate inspection or investigation
before the issuance of such permit or license, the Village Administrative
Clerk shall refer such application to the officer for making such
investigation within 48 hours of the time of such receipt. The officer
charged with the duty of making such investigation or inspection shall
make a report thereon, favorable or otherwise, within 10 days after
receiving the application or a copy thereof.
Any license or permit for a limited time may be revoked by the
Village President at any time during the life of such license or permit
for any violation by the licensee or permittee of the Village Code
provisions relating to the license or permit, the subject matter of
the license or permit, or to the premises occupied; such revocation
may be in addition to any fine imposed.
All annual licenses shall terminate on the last day of the fiscal
year where no provision to the contrary is made. The Village Administrative
Clerk shall mail to all licensees of the Village a statement of the
time or expiration of the license held by the licensee, if an annual
one, three weeks prior to the date of such expiration. A failure to
send out such notice or a failure of the licensee to receive it shall
not excuse the licensee from a failure to obtain a new license, or
a renewal thereof, nor shall it be a defense in an action for operation
without a license.
In the absence of provision to the contrary, all fees and charges
for licenses or permits shall be paid in advance at the time application
therefor is made to the Village Administrative Clerk. When an applicant
has not engaged in the business until after the expiration of part
of the current license year, the license fee shall be prorated by
quarters and the fee paid for each quarter or fraction thereof during
which the business has been or will be conducted. Except as otherwise
provided, all license fees shall become a part of the corporate fund.
It shall be the duty of any person conducting a licensed business
in the Village to keep his license posted in a prominent place on
the premises used for such business at all times.
