It shall be unlawful to operate any business, whether retail, home occupation, wholesale, manufacturing, industrial or otherwise, from or upon any premises located in any zoning classification within the city, without first obtaining a permit from the permits department. It shall be unlawful for any person to make a false statement in order to obtain a permit.
(Ordinance 2012-07-002, sec. 2 (34-300), adopted 7/17/12; 2013 Code, sec. 12-361)
The purpose of this article is to enable the city and its officials to know of the existence, location, ownership, and nature of each business operated from and upon premises within the corporate limits of the city, to be more able to ascertain whether the operation thereof is in compliance with other ordinances of the city or applicable state laws, and to allow for an inspection to be performed annually by the building official, the code enforcement officer, and the fire department for compliance with building, zoning, code, fire, and life safety regulations.
(Ordinance 2012-07-002, sec. 2 (34-301), adopted 7/17/12; 2013 Code, sec. 12-362)
(a) 
Each permit issued hereunder shall be valid for one year from the anniversary date of the original certificate of occupancy and shall be renewed each and every year before said date. However, the issuance of said permit shall not exempt a commercial establishment from reinspection or issuance of citations for violations occurring during the period of time between permits.
(b) 
A fee shall be paid annually and the amount of said fee shall be as established by the city council.
(c) 
An additional fee, as established by the city council, shall be added to the base fee of the permit fee for multiple-story buildings for each floor above street level.
(Ordinance 2012-07-002, sec. 2 (34-302), adopted 7/17/12; 2013 Code, sec. 12-363; Ordinance adopting 2021 Code)
(a) 
A business permit shall be issued by the building/permits department once the annual application, fees, and inspections procedures have been satisfied. Each building owner and/or tenant shall maintain and display a current business permit on the premises at all times.
(b) 
A certificate of inspection shall be issued by the fire department after all fire and life safety inspection procedures have been completed. Each building owner and/or tenant shall maintain and display a current certificate of inspection on the premises at all times. Hereinafter a certificate of inspection shall also be implied when speaking of a business permit.
(Ordinance 2012-07-002, sec. 2 (34-303), adopted 7/17/12; 2013 Code, sec. 12-364)
An application for a permit under this article shall be in writing and shall contain the following information:
(1) 
The address within the city upon or from which the business is operated;
(2) 
The legal description of the premises on which the business is located;
(3) 
The names and addresses of the owners thereof;
(4) 
The names and addresses of the manager operating the business, if different from the owners;
(5) 
The name or names under which the business will be operated;
(6) 
The date the business obtained a certificate of occupancy from the city;
(7) 
A full and complete description of the nature of the business, that is, retail, wholesale, manufacturing, home occupation, service, or otherwise, including information as to the nature of the products manufactured, sold, stored, and/or distributed by or through the business;
(8) 
The business’s state sales tax number.
(Ordinance 2012-07-002, sec. 2 (34-304), adopted 7/17/12; 2013 Code, sec. 12-365)
(a) 
The following businesses are expressly exempt from the provisions of this article:
(1) 
Any business that shall hereafter be required to obtain a permit or license from the city for its operation within the city under any other ordinance of the city;
(2) 
Any business that involves only distribution within the city such as by street delivery, through the mail, or otherwise, without the location of a business office, headquarters, warehouse, store, shop, etc., upon identifiable premises with the city;
(3) 
Any business for which a permit or license is required under state or federal law, but only if the licensing or permit legislation of the state and/or federal government is of such a nature as to constitute a preempting of the field to the extent that a registration permit requirement by the city would be deemed unlawful interference with the state or federal regulations of the particular business.
(b) 
Those businesses that are exempt with either subsection (a)(1) or (2) of this section are exempt from the registration portion of this article, but are not exempt from the building, code, fire, and life safety inspections that shall be done on an annual basis.
(Ordinance 2012-07-002, sec. 2 (34-305), adopted 7/17/12; 2013 Code, sec. 12-366)
Home occupation business owners shall register with the city and obtain a business permit as a registered business conducting business within the incorporated city limits. Said permit shall be for registration purposes only and the inspection language of this article shall not apply to home occupations. However, the issuance of said permit shall not be construed to constitute municipal approval of the business, and shall not be deemed to authorize the conduct of the business in violation of any federal, state, or municipal law or regulation or to stop the city from complaining of the violation by the business of any other valid ordinance or regulation, either federal, state, or municipal. The fee for home occupation business permits shall be as established by the city council.
(Ordinance 2012-07-002, sec. 2 (34-306), adopted 7/17/12; 2013 Code, sec. 12-367; Ordinance adopting 2021 Code)
Applications shall be made to the permits department and it shall be the duty of the permit technician to issue said permit to any business upon the submission of a proper application, payment of fee, and performance of annual various inspections, without any duty to pass upon the legality of the business or its operation. The issuance of a permit shall be evidence only that the business has registered with the city, for identification and disclosure of its existence and operation. Issuance of such permit shall not be construed to constitute municipal approval of the business, and shall not be deemed to authorize the conduct of the business in violation of any federal, state, or municipal law or regulation or to stop the city from complaining of the violation by the business of any other valid ordinance or regulation, either federal, state, or municipal.
(Ordinance 2012-07-002, sec. 2 (34-307), adopted 7/17/12; 2013 Code, sec. 12-368)
The city manager or his/her designee reserves the right to require a separate business permit for tenants in buildings with single or multiple stories. The building owner shall also be required to maintain a separate certificate of inspection and business permit for the annual inspections of the building and common areas.
(Ordinance 2012-07-002, sec. 2 (34-308), adopted 7/17/12; 2013 Code, sec. 12-369)
A business permit shall not be transferred when a change in occupancy, use, or ownership occurs. Should a change in use, occupancy, or ownership occur then a new application shall be made for said permit and new fee shall be paid.
(Ordinance 2012-07-002, sec. 2 (34-309), adopted 7/17/12; 2013 Code, sec. 12-370)
Any permit issued under this article may be suspended or revoked when a determination has been made by the city manager or his/her designee that one or more of the following has occurred:
(1) 
The business permit is being used by someone other than the person it was issued to.
(2) 
Conditions or limitations set forth in the permit have been violated.
(3) 
The possessor of the certificate fails, refuses, or neglects to allow an inspection to be performed and fails, refuses, or neglects to comply with any order or notice served upon him under the provisions of this article within the time period provided therein.
(4) 
False statements or misrepresentation as to a material fact in the plans, specifications, application, or documentation on which the certificate was based.
(Ordinance 2012-07-002, sec. 2 (34-310), adopted 7/17/12; 2013 Code, sec. 12-371)
Any person in violation of this article shall be guilty of a misdemeanor and upon conviction thereof shall be fined in accordance with the general penalty provided in section 1.01.009 of this code.
(Ordinance 2012-07-002, sec. 2 (34-311), adopted 7/17/12; 2013 Code, sec. 12-372; Ordinance adopting 2021 Code)