Applications for all licenses and permits required by this code
shall be made in writing to the director of finance, unless otherwise
specifically provided in this code. Each application shall state the
name of the applicant, the permit or license desired, 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 required
by the issuing official.
(1990 Code, sec. 3.601)
Whenever in this code a license or permit 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 shall be subject to the requirement if, by himself or through
an agent, employee or partner, he or she holds himself or herself
forth as being engaged in the business or occupation; solicits patronage
therefor, actively or passively; or performs or attempts to perform
any part of such business or occupation in the city.
(1990 Code, sec. 3.602)
Forms for all licenses and permits, and applications therefor,
shall be prepared and kept on file by the director of finance.
(1990 Code, sec. 3.603)
Each license or permit issued, in the absence of any provision
to the contrary, shall bear the signatures of the city manager and/or
the director of finance.
(1990 Code, sec. 3.604)
Upon receipt of an application for a license or permit in cases
in which the city requires an inspection or investigation before the
issuance of such license or permit, the director of finance shall
refer such application to the proper officer for making such investigation
within forty-eight hours of the time of such receipt. The officer
charged with the duty of making the investigation or inspection shall
make a report thereon, favorable or otherwise, within ten (10) days
after receiving the application or a copy thereof. The city sanitarian
shall make or cause to be made an inspection in regard to such licenses
or permits in the connection of the care and handling of food and
the preventing of nuisances and the spread of disease. For the protection
of health, the building official shall make or cause to be made any
such inspection relative to the construction of buildings or other
structures. All other investigations, except where otherwise provided,
shall be made by the chief of police or by some other officer designated
by the city manager.
(1990 Code, sec. 3.605)
(a)
All
annual licenses shall terminate on the last day of the calendar year
of the city where no provision to the contrary is made.
(b)
The
director of finance shall mail to all licensees of the city a statement
of the time of expiration of the license held by the licensee, if
an annual license, three weeks prior to the date of such expiration;
provided, failure to send out such notice or failure of the licensee
to receive it shall not excuse the licensee for failure to obtain
a new license, or a renewal thereof, nor shall it be a defense in
an action for operation without a license.
(1990 Code, sec. 3.606)
No license shall be issued for the conduct of any business,
and no permit shall be issued for any purpose, if the premises and
buildings to be used for the purpose do not fully comply with the
requirements of the city. 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 the zoning ordinances of the city.
(1990 Code, sec. 3.607)
In the absence of any provision to the contrary, the location
of any licensed business or occupation, or of any permitted act, may
be changed provided ten (10) days’ notice thereof is given to
the director of finance, provided the building, zoning and frontage
consent requirements of the city are complied with.
(1990 Code, sec. 3.608)
(a)
Whenever
the consent of the adjoining or neighboring owners is required as
a prerequisite to the conduct of any business or occupation, or the
location of any establishment, such consent must be obtained by securing
the necessary signatures to a written consent petition. Such petition
shall be filed with the director of finance when signed.
(b)
Consents
once given and filed shall not be withdrawn, and such petitions need
not be renewed for the continuous conduct of the same business, whether
by the same proprietor or not.
(c)
It
shall be unlawful to forge any name to such a petition or to represent
falsely that the names thereon have been properly placed thereon if
such is not the fact.
(d)
Each
consent when filed shall be accompanied by the affidavit of the person
securing the signatures that each signature appearing therein was
properly secured and written and that the petition contains the necessary
number of signatures required by this code or other ordinance.
(e)
Consent
requirements contained in this code or other ordinance shall not be
construed to amend or change any zoning ordinance provision, and no
such provision shall be construed as permitting the erection of a
structure or building or the conduct of a business or the commission
of any act in any location where such structure, building, business
or act is prohibited by any zoning ordinance of the city.
(1990 Code, sec. 3.609)
No business, licensed or not, shall be so conducted or operated
as to constitute a nuisance in fact.
(1990 Code, sec. 3.610)
(a)
Whenever
inspections of the premises used for or in connection with the operation
of a licensed business or occupation, or operated under a permit,
are provided for or required by this code or other ordinance, or are
reasonably necessary to secure compliance with any such provision
or to detect violations thereof, it shall be the duty of the licensee,
permittee 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 city 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 code or ordinance provision or to detect
violations thereof, it shall be the duty of the licensee or permittee
whose business is governed by such provision to give to any authorized
officer or employee of the city 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 city manager
may revoke the license or permit of the proprietor of any business
in the city who refuses to permit any such officer or employee who
is authorized to make such inspection or take such sample to make
the inspection or take an adequate sample of the commodity, or who
interferes with such officer or employee while in the performance
of his or her duty in making such inspection; provided, no license
or permit shall be revoked for such cause unless written demand is
made upon the licensee, permittee or person in charge of the premises
in the name of the city, stating that such inspection or sample is
desired at the time it is sought to make the inspection or obtain
the sample.
(1990 Code, sec. 3.611)
Any license or permit issued for limited time may be revoked
by the city manager at any time for any violation by the licensee
or permittee of any code or ordinance provision 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.
(1990 Code, sec. 3.612)
Unless otherwise provided, any applicant for a license or permit
who is denied a license or any licensee who has his or her license
revoked or suspended may appeal such action to the city council. Such
appeal must be in writing and shall be filed within ten (10) days
from the date such license is revoked or repealed. The city council
shall provide an opportunity to the aggrievant to present testimony
or evidence why such license should not be granted, revoked, or suspended.
The hearing of such appeal by the city council shall be had within
thirty (30) days from the date such written appeal is given. The aggrievant
shall be notified of the time, date, and place such appeal will be
considered. Such notice shall be either mailed, by certified mail
return receipt requested, or personally delivered at least five (5)
days prior to the date set for the hearing.
(1990 Code, sec. 3.613)
It shall be the duty of any person conducting a licensed business
in the city to keep his or her license posted at all times in a prominent
place and any required permit exhibited on the premises used for such
business.
(1990 Code, sec. 3.614)
In the absence of specific provisions to the contrary, all fees
and charges for licenses or permits shall be paid to the director
of finance in advance at the time application therefor is made. When
an applicant has not engaged in the business until after the expiration
of more than six (6) months of the current license year, the license
fee shall be in the sum of one-half of the fee specified for the entire
year. All license and permit fees shall be deposited to the general
fund.
(1990 Code, sec. 3.615)
