[Adopted 7-19-2021 by Ord. No. 249]
[1]
Editor's Note: Former Art. II, Taxicab Licenses and Regulations, adopted 11-13-2007 by Ord. No. 172, and amended in its entirety 8-14-2013 by Ord. No. 205, was repealed 9-19-2017 by Ord. No. 222.
This article shall be known and may be cited as the "General Business Registration Ordinance."
For the purposes of this article, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
BUSINESS
All kinds of vocations, occupations, professions, enterprises, establishments and all other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit, or benefit, either directly or indirectly, on any premises in this City or anywhere else within its jurisdiction.
CITY
The City of New Buffalo, Michigan and its departments, officers or individuals designated by the City Manager or City Council to administer all or any part of the permitting and inspection programs under this chapter.
CITY COUNCIL
The City Council of the City of New Buffalo, Michigan.
CITY MANAGER
The City Manager of the City of New Buffalo, Michigan.
INSIGNIA (or its singular number "insigne")
Any tag, plate, badge, emblem, sticker, or any other kind of device which may be required for any use in connection with any license.
PERSON
Includes individual natural persons, partnerships, joint adventures, societies, associations, clubs, trustees, trusts, or corporations; or any officers, agents, employees, factors, or any kind of personal representatives of any thereof, in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law.
PREMISES
Includes all land structures, places, and the equipment and appurtenances connected or used in any business, and any personal property which is either affixed to or is otherwise used in connection with any such business conducted on such premises.
PUBLIC SAFETY AND CODE ENFORCEMENT
Includes the Police Department, Fire Department, Building Department and Code Enforcement Department of the City of New Buffalo, Michigan.
REGISTRATION or REGISTRANT LICENSEE
As used generally herein shall include respectively the words "permit" or "permittee," or the holder for any use or period of any similar privilege, wherever relevant to any provision of this article or other law or ordinance.
A. 
Compliance required. It shall be unlawful for any person, either directly or indirectly, to conduct any business or nonprofit enterprise or to use in connection therewith any vehicle, premises, machine, or device, in whole or in part, for which registration or a permit is required by any law or ordinance of this City, without registration of that business with the City as required by this article or other law or ordinance of the City. This article applies to all businesses and nonprofit enterprises which occupy any premises located in the City which is owned by, leased by, licensed for the use of or otherwise the responsibility of or under the direction of that business or nonprofit enterprise. It shall also apply to any business and nonprofit enterprises which repeatedly though intermittently occupy any premises in the City. It shall also apply to transient sellers of goods or nonprofessional services.
B. 
Exceptions. This article does not apply to individuals with permanent business or nonprofit enterprise establishments outside the City who meet in the City with previously arranged appointments in a restaurant, motel or hotel or the premises of a registered business or nonprofit enterprise located in the City. It also shall not apply to any person if its application to such person would render this article or any portion of it unconstitutional or unlawful.
C. 
Single act. Except as otherwise provided in this section, for the purpose of this article, any person shall be deemed to be in business or engaging in a nonprofit enterprise and thus subject to the requirements of this article when that person does one act of:
1. 
Selling any goods or services;
2. 
Soliciting business or offering goods or services for sale or hire;
3. 
Using any vehicle or any premises in the City for business purposes;
4. 
Providing any services for any type of remuneration or consideration.
D. 
Agents responsible for registering. The agents or other representatives of nonresidents who are doing business in this City shall be personally responsible for the compliance of their principals and of the business they represent with the provisions of this article.
E. 
Joint registration. A person engaged in two or more businesses at the same location shall not be required to obtain separate registrations for conducting each business but, when eligible, shall be issued one registration which shall specify on its face all such businesses.
F. 
No license required for mere delivery. [Nonprofit, charitable, and religious purposes.] The City Manager shall issue special permits, without the payment of any license fee or other charges, to any person or organization for the conduct or operation of a nonprofit enterprise, either regularly or temporarily, when he finds that the applicant operates without private profit for a public, charitable, educational, literary, fraternal or religious purpose.
A. 
The City shall collect all registration fees and shall register the name of all persons qualified under the provisions of this article and shall:
1. 
Promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this article;
2. 
Submit all applications to interested City officials for their endorsements thereon as to compliance by the applicant with all City regulations which they have the duty of enforcing;
3. 
Investigate and determine the eligibility of any applicant for registration as prescribed herein;
4. 
Notify any applicant of the acceptance or rejection of an application and shall, upon refusal of any registration or permit, at the applicant's request, state in writing the reasons and deliver them to the applicant by first-class mail to an address provided by the applicant.
A. 
Application required. Every person required to register under the provisions of this article shall apply for such registration to the City. The application shall:
1. 
Be in writing upon forms provided by the City;
2. 
Require the disclosure of all information which the City shall find to be reasonably necessary to the fair administration of this article;
3. 
Be accompanied by the full amount of the fees chargeable for such registration.
B. 
Issuance of receipts. Whenever a registration cannot be issued at the time the application for the same is made, the City shall issue a receipt to the applicant for the money paid in advance. Such receipt shall not be construed as the approval of the City for registration; nor shall it entitle or authorize the applicant to open or maintain any business contrary to the provisions of this article.
C. 
Annual renewal procedures. The applicant for the renewal of a registration previously approved shall apply for such registration to the City annually. The application shall disclose the conduct and operation of the applicant's business during the preceding registration period as it is reasonably necessary to the determination by the City of the applicant's eligibility for continued registration.
1. 
The term of the business registration issued under this article is 12 months (January 1 through December 31).
2. 
Applicants for renewal of a business registration shall apply to the City 45 days prior to the date of expiration of the license.
3. 
An application for renewal of a license shall be considered in the same manner as the original application.
D. 
Duplicate registration. A duplicate registration certificate shall be issued for one which has been lost, stolen, defaced or destroyed. There shall be no additional fee charged for duplicate issuance.
E. 
Denial of registration. The City shall disapprove any application where the applicant's business premises fails to comply with any applicable law, rule, regulation, ordinance provision or lawful order or directive. Upon disapproving any application submitted under the provisions of this article, the City shall refund all fees paid in advance by the applicant, provided the applicant is not otherwise indebted to the City.
F. 
Compliance pending legal action. When registration is denied and any action is instituted by the applicant to appeal its denial or to compel its issuance, such applicant shall not engage in a business for which the registration was refused unless a registration certificate be issued pursuant to a judgment ordering the same.
A. 
The annual general business registration fee shall be in the amount of $35.
B. 
Fees shall be reviewed annually and adjusted, as deemed necessary, by the City Council.
C. 
Fees shall be prorated for partial years.
D. 
Except as provided in this article, no rebate or refund of any fee or part shall be made by reason of the nonuse of such registration or by reason of a change of location or business rendering the use of such registration ineffective.
Each registration issued hereunder shall state upon its face the name of the registrant and any other name under which such business is to be conducted, business address, the dates of issuance and expiration.
A. 
General standards of conduct. Every registrant under this article shall:
1. 
Ascertain and always comply with all laws, ordinances and regulations applicable to such business;
2. 
Avoid all forbidden, improper or unnecessary practices or conditions which do or may affect the public health, safety and general welfare.
B. 
Display of registration. Every registrant shall display the registration certificate at the business premises. If the registrant does not have an actual physical business premises or utilize such premises on an intermittent basis, the registrant shall carry such registration on their person.
C. 
Inoperative registration. No registrant shall allow any registration to remain posted or displayed or used after the period for which it was issued has expired, or when it has been suspended or revoked or for any other reason become ineffective.
D. 
Unlawful possession. No registrant shall loan, sell, give or assign to any person, or allow any other person to use or display, or destroy, damage or remove, or to have in his possession, except as authorized by the City or by law, any registration which has been issued to said registrant.
E. 
New location desired. A registrant shall have the right to change the location of the registered business, provided the registrant shall obtain written permission from the City for such change of location and promptly report the completed act of such transfer to the City and surrender the original registration certificate.
F. 
New registration issued. Upon the completion of a transfer of registration in compliance with Subsection E above, the City shall issue a new registration certificate to the transferee for the unexpired term of the old registration.
A. 
Inspection of premises.
1. 
Persons authorized. The following City officials are authorized to conduct inspections in the manner prescribed herein:
a. 
Public Safety and Code Enforcement shall make all investigations reasonably necessary to the enforcement of this article;
b. 
Public Safety and Code Enforcement shall have the authority to inspect and examine businesses within the City of New Buffalo to enforce compliance with this article.
2. 
Authority to inspect. All persons authorized to inspect businesses shall have the authority to enter, pursuant to law, with or without a search warrant, at all reasonable times, the following premises:
a. 
Those for which registration is required;
b. 
Those for which registration certificates were issued and which, at the time of inspection, are operating under such registration;
c. 
Those for which the registration has been revoked or suspended.
3. 
Inspection Reports. Persons inspecting registrants, their businesses or premises as authorized shall report all violations of this article or of other laws or ordinances through the chain of command to the City Manager and shall submit such other reports as the City Manager shall order.
B. 
Provisional order. When an official authorized with the enforcement of this article determines that a violation of this article has occurred, the City shall issue to the affected person a provisional order to comply. The provisional order shall be in writing and shall be personally served and shall apprise the person affected of the specific violation(s). In the absence of the person affected or his agent or employee, a copy of such notice shall be affixed to some structure or posted in a conspicuous location on the premises. Depositing such notice in the United States Mail shall also constitute service. The provisional order shall require compliance within 10 business days of service on the affected person.
C. 
Citation. Upon the failure or refusal of the violator to comply with the provisional order, the enforcement official shall issue a citation for the violation.
Any person and/or business convicted of violating any provision of this general business registration article shall be guilty of a misdemeanor and subject to the penalties of Chapter 1, Section 1-7, of the Code of Ordinances of the City of New Buffalo, Michigan, except that there shall be a minimum fine of $100 for each violation.
The amount of any unpaid fee, the payment of which is required as provided for under the terms of this article, shall constitute a debt to the City which may be collected by an action at law or may be certified on the delinquent tax rolls of the City as prescribed by law.