[Code 1957, § 12.6]
(a)
No person shall engage in the occupation of selling or distributing
fresh fruits or vegetables at wholesale within the city without first
having obtained a license so to do from the board of city commissioners;
provided, however, that nothing in this and the following four sections
shall be held to apply to persons selling or producing fresh fruits
or vegetables which they themselves have raised, grown or produced.
(b)
Every farmer or producer engaged in the sale of fresh fruits or vegetables
at wholesale under this exception to any firm within the corporate
limits of the city shall, before doing same, file with the city auditor
an affidavit duly sworn to or an affirmation duly made that he will
sell only such farm products as are raised, grown or produced by him
and obtain a producer's permit to do so. The city auditor shall furnish
to the applicant for a producer's permit a metal plate of suitable
design with the proper number thereon. The producer at all times shall
have one of these permits on all vehicles used. Each applicant for
a producer's permit shall furnish suitable proof that he is a bona
fide producer and the city auditor may then investigate and verify
the applicant's statement.
[Code 1957, § 12.10]
Each applicant for a license required by Section 9-1 of this article shall, at the time of filing his application therefor and before the execution of such license by the city, file with the city auditor a good and sufficient bond in the penal sum of $2,500 and upon a form to be approved by the city attorney. Such bond shall be executed by the applicant as principal and by a surety company authorized to do business in the state as surety. The bond shall be for the benefit of all persons dealing with such licensee in the pursuit of selling, delivery or distribution of fresh fruits or vegetables at wholesale, and particularly to protect such persons against fraud and misrepresentation.
[Code 1957, § 12.9]
(a)
Each applicant applying for a license to sell at wholesale fresh fruits and vegetables shall designate, at the time of his application, the number of duplicate licenses required, and such duplicate licenses shall be furnished by the city. Additional duplicate licenses shall be furnished by the city to the licensee from time to time during the term covered by the license upon request. Each applicant for such license shall, at the time of applying for his license or for additional duplicate licenses as above provided, make and file on oath to the effect that such duplicate licenses are to be used only on vehicles owned or being purchased by the licensee for his own use and benefit, and that the products aforesaid to be sold or distributed or delivered from a vehicle bearing one of the duplicate licenses will be sold, distributed or delivered for the use and benefit of the licensee and not otherwise. The use of the duplicate license upon any vehicle contrary to the affidavit of the applicant for such license shall be sufficient grounds for the revocation of the license and shall make the licensee subject to the penalties provided for in Section 1-11 of this Code.
(b)
No such license shall be transferable.
[Code 1957, § 12.7]
Any person desiring a license required by Section 9-1 shall pay to the city for such license the sum of $100. The license shall expire on the thirtieth day of June of each year. A renewal of such license may be applied for and received on the payment of $50 for each year after the first.
[Code 1957, § 12.8]
Every licensee for the wholesale sale of fruits or vegetables
shall display his license in a conspicuous place in his established
place of business. The number of the license shall appear on all of
the licensees' vehicles and conveyances engaged in the same and in
the distribution and delivery of the products aforesaid.
[Code 1957, § 12.2]
No person shall practice or engage in the business or profession
of astrology, palmistry, clairvoyancy, mesmerism, spiritualism, mind
reading, phrenology or fortunetelling in the city without first having
obtained a license therefor from the city auditor, and having such
license in his place of business at all times while practicing or
engaging in such business.
[Code 1957, § 12.3]
Every applicant for a license to engage in the practice or business stated in Section 9-6 of this article shall make application on blanks furnished by the city auditor and verified by the applicant. Such application shall contain the name and residence address of the applicant; his age and occupation or business; the purpose for which the license is to be issued and the particular place where the licensee proposes to carry on the business or practice during the term of the license; and the period of time the applicant proposes to conduct such business or practice thereunder. Such application shall be accompanied by the license fee required in Section 9-9 of this article, in cash.
[Code 1957, § 12.4]
The application and license fee required by the preceding section
shall be delivered to the city auditor. If it shall appear from the
application, and the city auditor so determines, that the applicant
is entitled to the particular license applied for and has paid the
required license fee, then the city auditor shall execute and deliver
such license to the applicant.
[Code 1957, § 12.5]
The license fee to practice or engage in any of the businesses stated in Section 9-6 of this article shall be $5 per day or $25 per month. No license shall be issued for a period of less than one day nor more than one month.
[Code 1957, § 12.1; Ord. No. 509, § 1, 9-23-1975]
(a)
No person shall pursue the business of an auctioneer or sell goods
or property at auction, except under legal process, without a license
therefor.
(b)
For a license to sell stock of goods brought into the city for sale
at auction, or any part thereof, there shall be taxed and collected
a license fee of $25 for each day's sales.
(c)
For a license to pursue the business of any auctioneer or to sell
goods or property at auction, there shall be levied and collected
a license fee of $50 for the first year applied for and a renewal
fee of $25 each year thereafter, the year to commence on the first
day of July in each year.
(d)
Before a license shall be issued to any person to pursue the business
of an auctioneer or to sell goods or property at auction, he shall
file a surety bond in the sum of $500 to be approved by the city attorney,
and conditioned for the prompt payment of all moneys and the delivery
of all goods that may come in his hands in his business to the person
entitled to receive the same; and which bond may be sued on in, the
name of the city by any person damaged by a breach of its conditions.
[Ord. No. 1102, 4-23-2019; amended 7-25-2023 by Ord. No. 1148]
(a)
Purpose. This section establishes the standards for the issuance of permits for special events in the City of Williston. It is not the intent of this ordinance not to supersede the Mobile Food Ordinance, Section 25Q of the Zoning Ordinance; Section 20-2(a), Article I, Chapter 20 of the City of Williston Code of Ordinances; or Section 8-13.4, Article II, Chapter 8 of the City of Williston Code of Ordinances. If the provisions of this ordinance conflict with Section 25Q of the Zoning Ordinance; Section 20-2(a), Article I, Chapter 20 of the City of Williston Code of Ordinances; or Section 8-13.4, Article II, Chapter 8 of the City of Williston Code of Ordinances, the provisions of the latter referenced ordinances shall prevail.
(b)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
(1)
Finance Director/City Auditor means the City of Williston representative
to administer the special event provisions.
(2)
Permit or special event permit means a permit issued for a special
event.
(3)
Permittee means any person or organization issued a special event
permit by the Finance Director.
(4)
Special event, except as otherwise provided herein, means any function
or gathering or event on public property, public rights-of-way, or
private property that will generate or invite considerable public
participation and/or spectators, and may have an impact on transportation,
public services or public safety, for a particular and limited purpose
and time, which includes, but is not limited to, the following:
a.
A parade, or other event requiring temporary closure of streets,
roads, highways, sidewalks, or bike and pedestrian lanes or paths
that are normally open to the public, or
b.
The changing, restricting or adapting of the normal traffic uses
of any street, road or highway in the City of Williston, or
c.
Planned events in a park or other public place if the event use requires
or organizer requests the City to provide any public services in addition
to those that would normally be provided in the absence of the event;
or
d.
Any function or gathering that is conducted on public property or
at a government building(s) with over 150 people in attendance, or
e.
Any function or gathering that is conducted on public or private
property or on public rights-of-way in which the City of Williston
has granted permission for an on-sale beverage licensee to engage
in the sale of alcoholic beverages at said function or gathering,
unless otherwise exempted by a duly adopted municipal ordinance, or
f.
Any function or gathering that is conducted on public or private
property or on public rights-of-way in which includes the ancillary
uses of a mobile food truck or food vendor.
The following functions, gatherings, or events shall not constitute
a "special event":
(5)
Street or highway has the same meaning as defined in the City's
Subdivision Ordinance and other ordinances appearing in this Code,
and shall include bike and pedestrian lanes or paths.
(6)
Public Event means a function or gathering or event which is open
to and may be attended by the general public and does not meet the
definition of private event.
(7)
Private Event means a function or gathering or event where the attendance
is by private invitation on private property where the event has potential
to substantially impact traffic or public services.
(8)
Private Property means real property owned by a private party and
not owned by the federal government, state government, or a political
subdivision.
(9)
Public Property means real property that is owned by or dedicated
to the federal government, state government, or a political subdivision.
(c)
Permit Required. Any person or organization desiring to conduct a
special event shall first obtain a permit from the City Finance Director.
Funeral processions shall not be considered special events.
(d)
Application procedure and fee.
(1)
Any person or organization desiring to conduct a special event shall
apply for a special event permit by verified application with the
Finance Director, on a form supplied by the Finance Director. Applications
must be submitted not less than 10 business days nor more than one
year before the special event date. The Finance Director/City Auditor
reserves the right to issue a special event permit if they deem, in
their sole and absolute discretion, that an emergency exists and that
the special event will not have an impact on transportation, public
services or public safety or require temporary closure of streets,
roads, highways, sidewalks, or bike and pedestrian lanes or paths
that are normally open to the public. Except as otherwise required
by law and notwithstanding the provisions of this Ordinance to the
contrary, all fees provided for by this ordinance or hereafter established
shall be set by resolution of the Board of City Commissioners for
the City of Williston.
(2)
If the permittee is not an organization qualified for exemption from
the payment of City of Williston sales and use taxes, the application
for a special event permit shall be accompanied by a nonrefundable
application fee in an amount set by the City of Williston.
(3)
Within 10 business days after receiving a completed application and
fee, if applicable, the Finance Director shall approve, conditionally
approve, or deny an application for the reasons specified in subsection
(e)-(f) below.
(e)
Grounds for denial of application.
(1)
The Finance Director shall approve an application for a special event
permit unless he or she determines from consideration of the application
and other pertinent information that any of the following criteria
are present:
a.
Information contained in the application, or supplemental information
requested from the permittee, is found to be false in any material
detail;
b.
The permittee fails to complete the application form after having
been notified of the additional information or documents required;
c.
Another special event permit or application has been received prior
in time, or has already been approved, to hold another special event
at the same time and place requested by the permittee, or so close
in time and place as to cause undue traffic congestion;
d.
The time, route or size of the special event will substantially interrupt
the safe and orderly movement of traffic on or contiguous to the event
site or route or will disrupt the use of a street or highway at a
time when it is usually subject to traffic congestion;
e.
The size, nature or location of the special event will present a
substantial risk to the health or safety of the public, participants
in the event or other persons;
f.
The special event is not inherently contrary to zoning district in
which the property is subject to;
g.
The location of the special event will substantially interfere with
any construction or maintenance work scheduled to take place upon
or along the City of Williston streets or a previously granted encroachment
permit;
h.
The special event will occur at a time when a school is in session
on a route or at a location adjacent to the school or class thereof,
and the noise created by the activities of the event would substantially
disrupt the educational activities of the school or class;
i.
The special event involves the use of hazardous, combustible or flammable
materials which could create a fire hazard;
j.
The special event will violate any ordinance or statute; or
k.
The special event is created to circumvent the City's zoning
ordinance, rules, or regulations.
(f)
Permit conditions and requirements. The Finance Director may condition
the issuance of a special event permit by imposing conditions and
requirements, including but not limited to the following:
(1)
Approval of any other jurisdiction in addition to the City of Williston
that may be part of the proposed special event.
(2)
Require a background check. In the event a background check is required,
it is the sole responsibility of the Applicant to obtain the background
check as well as have the sole responsibility to pay all costs and
expenses associated with the background check.
(3)
Approval of the special event by the City of Williston's Public
Works
(4)
Approval or authorization by the Williston Parks and Recreation Department,
if an event is occurring on property owned or operated by the Park
District.
(5)
Submission of a traffic control plan to be approved by the Public
Works Director, the City of Williston Engineer, Fire Chief, and Police
Chief.
(6)
All required traffic control shall be done at the permittee's
expense.
(7)
A written operational plan regarding the management of the special
event.
(8)
Conditions concerning accommodation of pedestrian or vehicular traffic,
including restricting the special event to only a portion of a street
or highway.
(9)
Requirements for the use of traffic cones, barricades or other traffic-control
devices to be provided, placed and removed by the permittee at its
expense and shall apply with all State and local statutes, ordinances,
and regulations.
(10)
Requirements for provision of first aid or sanitary facilities.
(11)
Requirements for arrangement of supplemental fire protection
and emergency medical services personnel to be present at the special
event at the permittee's expense.
(12)
Requirements for use of special event monitors and providing
notice of permit conditions to event participants and affected property
owners.
(13)
Restrictions on the number and type of vehicles as may be required
for fire safety purposes.
(14)
Requirements for use of garbage containers, cleanup and restoration
of City of Williston property.
(15)
Restrictions on the use of amplified sound.
(16)
Requirements for public liability insurance to protect against
loss from liability imposed by law for damages on account of bodily
injury and/or property damage arising from the special event. The
Finance Director shall determine whether to require such insurance
and the amount of any required insurance.
(g)
Appeal procedure. The permittee shall have the right to appeal the
denial of a permit or a permit condition. A notice of appeal shall
be filed with the City Administrator's office, setting forth
the grounds for the appeal within five business days after mailing
or personal delivery of a notice of denial or permit condition. The
City Administrator shall set a hearing for the matter to be heard
by the Board of City Commissioners for the City of Williston at the
next available City Commission regular meeting after the receipt of
the appeal. The City Commission shall hold a hearing and issue its
decision no later than seven business days after the hearing of the
appeal. If the City Commission determines that circumstances do not
permit the completion of such hearing and decision at least one full
business day prior to the time and date for the initiation of a special
event regarding which an appeal is pending, he or she shall notify
the appealing permittee of said determination in writing and said
permittee shall be entitled, but not required, to seek judicial review
of the permit denial with no further administrative review. The City
Commission's decision shall be final, subject only to such judicial
review as may be permitted by law.
(h)
Permit issuance. If the Finance Director determines that a permit
should be granted, he or she shall issue the special event permit
once the permittee has agreed in writing to comply with all terms
and conditions of this section.
(i)
Prior to the issuance of a special event permit, the Finance Director
shall require the permittee and authorized officer of the sponsoring
organization (if any) to sign an agreement for the permittee to reimburse
the City of Williston for any cost incurred by it in repairing damage
to City of Williston property occurring in connection with the permitted
special event and proximately caused by the actions of the permittee,
its officers, employees or agents, or any person who was under the
permittee's control. The agreement shall also provide that the
permittee shall defend the City of Williston against, and indemnify
and hold the City of Williston harmless from, any liability to any
persons resulting from any damage or injury occurring in connection
with the permitted special event and proximately caused by the actions
of the permittee, its officers, employees or agents, or any person
who was under the permittee's control. Persons who merely join
in a special event are not considered by that reason alone to be "under
the control" of the permittee.
(j)
Duties of permittee.
(1)
The permittee shall comply with all terms and conditions of the special
event permit.
(2)
The permittee shall ensure that the person leading a parade or other
special event along a route, or the person in charge of any other
special event, is familiar with all the provisions of the permit and
carries the special event permit on his or her person for the duration
of the event.
(3)
Immediately following the completion of the special event, the permittee
shall ensure that the area used for the event is cleaned and restored
to the same condition as existed prior to the event.
(k)
Revocation of permit.
(1)
The Finance Director may, at any time prior to a special event, revoke
or terminate a permit that has been issued for the event if conditions
change so that the permit application could have been denied in the
first instance.
(2)
The Finance Director may revoke or terminate the permit during the
course of the special event if continuation of the event presents
a clear and present danger to the participants or the public.
(l)
Violation.
(1)
Except as otherwise may be provided, any person violating any provision
of this chapter can be charged with a Class B Misdemeanor, assessed
an administrative fee of up to $1,500 or both. In addition, the Chief
of Police, or his designee, has the authority to terminate the event
at any time for failure to obtain the permit required herein.
