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)
[1]
This section was changed editorially at the request of the city.
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)