Any person engaging in, carrying on or conducting any business,
trade, calling, exhibition or vocation mentioned by the provisions
of this title shall be required to comply with any regulations herein
or in any other applicable ordinances of the city.
(Prior code § 16-400; Ord. 69-O-101 § 1, 1969)
Any person required by this title to provide a bond shall deliver
such bond to the city license and tax collector prior to engaging
in, carrying on or conducting any business requiring a bond.
(Prior code § 16-401; Ord. 69-O-101 § 1, 1969)
The planning or building department shall inspect the premises
of a new business to determine if the proposed use of the property
conforms with the zoning and building titles. (Refer to Title 23 for
zoning ordinances).
(Prior code § 16-402; Ord. 69-O-101 § 1, 1969)
Any person required to obtain a license to engage in any business or calling listed under Section
5.08.490, shall be required to obtain a permit prior to conducting such business from the city license and tax collector. In order to obtain such a permit, a written application shall contain a statement of intention as to the location and extent of the premises to be occupied, and in addition such application for a permit to engage in any of the businesses requiring a permit shall contain the name of any person financially interested in the business in any manner. The city license and tax collector, within 21 days or any length of time hereafter specified following submission of such application, shall ascertain that the proposed location is within the legal limits for such purpose, and that the purposes for which the premises are to be used will not be in conflict with any laws of the state, ordinances of the city or of this title. When satisfied that there is no apparent danger to public health and safety of the people of the city, that the applicant, its officers or agents, if any, are morally responsible and have a good reputation, that the conducting of such business in such location will be in conformance with all laws and ordinances, the city license and tax collector shall issue a permit to said applicant.
Permits issued hereunder shall be effective for the same period
as the license issued with such permit. Upon the expiration of the
permit, an application for renewal thereof shall be filed in a like
manner as an application for an original permit, and such renewal
permit shall be granted only when the requirements for the issuance
of an original permit are met. Permits issued hereunder shall not
be assignable.
(Prior code § 16-404; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971)
The city license and tax collector shall not accept any application for any permit required to be obtained by this section or for the renewal of such a permit unless the application is accompanied by a receipt of the fee prescribed in the permit fee schedule set forth in Section
5.08.490.
(Prior code § 16-405; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971)
Any person holding a permit is required to display such permit
upon demand to the license and tax collector, any police officer,
or any member of the public. Failure to do so is a misdemeanor.
(Prior code § 16-406; Ord. 69-O-101 § 1, 1969)
Any permit issued by the city license and tax collector pursuant
to this code may be suspended or revoked by the city license and tax
collector when it appears that the business of the person to whom
such permit was issued has been conducted in a disorderly or improper
manner, or in violation of any statute of the state, or ordinance
of this city, or any provisions of this title, or that the person
conducting said business is of unfit character to conduct the same,
or that the purpose for which the permit has been issued is being
abused to the detriment of the public, or that the permit is being
used for a purpose different from that for which it was issued. If
the permit of any person is suspended or revoked, another permit shall
not be granted to such person within twelve months after the date
of such revocation.
The city license and tax collector shall serve a notice of revocation
and a notice of the reasons for such revocation upon such permittee
personally or by delivering the same by United States mail, postage
prepaid, to permittee at the address given in his application for
a permit.
(Prior code § 16-407; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971)
Any person aggrieved by the action of the city license and tax
collector in suspending or revoking any such permit may appeal to
the city council by filing a written notice thereof with the city
clerk within 10 days from the date of mailing notice of such action.
The city council shall make a decision within 30 days from receipt
of the notice by the city clerk, and the decision of the council,
after a hearing on the appeal, upon notice to the permittee shall
be final and conclusive.
(Prior code § 16-408; Ord. 69-O-101 § 1, 1969)
In the event no appeal is filed within ten days as prescribed by Section
6.08.090, the decision of the city license and tax collector shall become final and conclusive on expiration of the time herein fixed for appeal.
(Prior code § 16-409; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971)
The city shall not be bound by the mistake of any officer or
employee of the city in issuing a permit contrary to the terms of
this title, or of the terms of any zoning or other ordinances of the
city.
Upon written statement of the city administrator filed with
the council to the effect that any permit has been issued in contravention
of this title, or any ordinance of the city, the city council shall
fix a date for determining said facts, and shall cause notice of the
time and place of said hearing to be served on the person to which
such permit has been issued or any one of such persons in the event
such permit has been issued to more than one person or on the manager
or agent of any such person.
If, upon such hearing, the city council finds that such permit
was issued in contravention of this title, or any ordinance of the
city, it shall order said permit revoked and shall tender to the person
who obtained said permit the fee for the unexpired portion of said
permit. Any person who obtained a permit to engage in any business,
occupation or profession, has had said permit revoked as in this section
provided, and who starts or continues to engage in such business,
occupation, or profession after such revocation, is guilty of a violation
of this code and shall be subject to the penalties provided herein
for the violation of the terms of this code.
(Prior code § 16-410; Ord. 69-O-101 § 1, 1969)
In the event that any person or persons, firm, copartnership
or corporation conducts, carries on or manages the business of maintaining
any game, exhibition, shuffleboard game, or recreational, mechanical
or musical device or operates any of such devices without obtaining
a license therefor, the city license and tax collector shall seize
such game, exhibition, amusement, recreational, mechanical or musical
device and hold them as security for the payment of the license fee,
and until a license is obtained or renewed, and in the event the person
owning or having control or possession of the device fails, within
a period of fifteen days after notice to said permittee to the address
listed on the application of the permittee where he consented to receive
mail concerning his game, recreational or mechanical amusement device,
to obtain a license or pay any license due, then and in that event
the device shall be disposed of as hereinafter provided in this section.
The device or devices or so many thereof shall be sold to satisfy
the amount of license fee due the city and any device or devices not
sold shall be returned to the owner thereof; and provided further
that in the event the device or devices are sold for a sum less than
the amount of the license fee that the operator of the devices shall,
nevertheless, remain liable for the balance of such license fees due
and unpaid thereon.
(Prior code § 16-411; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971)