(a)
It
is unlawful for any person to carry on or conduct any business, trade,
profession, calling or occupation in the city for which a permit is
required by this chapter without first having procured such permit
or without complying with any and all applicable provisions of this
chapter.
Every person who violates any provision of this section is guilty of an infraction, unless the violation is otherwise made a misdemeanor pursuant to Section 1.01.110(b).
(b)
Compliance with the provisions of this chapter and the issuance of a permit hereunder shall not preclude the necessity of obtaining any permit required by any other provisions of this code or ordinance of the city or other applicable law or the payment of a license fee as required by Chapter 5.08.
(Prior code § 11.38; Ord. 953 § 1, 1964; Ord.
1416 § 1, 1983)
Whenever by this chapter any permit is required, such permit
shall be obtained pursuant to the provisions of this chapter before
any business license is issued under the provisions of this title.
(Prior code § 11.39; Ord. 953 § 1, 1964)
Before any permit is issued pursuant to this chapter, an application
for such permit, accompanied by a fee, established pursuant to resolution
of the city council, shall be filed with the chief of police, or his
deputy, shall be signed and verified by the applicant and shall set
forth the following:
(1)
The
name and address of the applicant:
(2)
The
name and address of the person by whom employed, if any;
(3)
The
nature of the business for which a permit is requested;
(4)
The
place where such business is to be conducted;
(5)
A
brief description of the nature and amount of equipment to be used
in such business;
(6)
A
personal description of the applicant:
(7)
Evidence
of the identity of the applicant of such character as the chief of
police or his or her deputy may require;
(8)
Finger
prints and thumb prints of applicant.
(Prior code § 11.40; Ord. 953 § 1. 1964; Ord.
36 § 3, 1989)
The chief of police or his or her deputy, within a reasonable
time after the filing of an application, shall conduct such investigation
as he or she may deem necessary concerning the application and the
business proposed to be conducted to determine whether the applicant
is of good moral character and proposes to engage in an enterprise
in a manner which shall not be detrimental to the public peace, health,
safety, morals or welfare of the city or its inhabitants, either by
reason of the character of the applicant, the nature of the business
or the manner in which the business is proposed to be conducted. If,
after such investigation, the chief police, or his or her deputy,
determines that the applicant is of good moral character and proposes
to engage in an enterprise which will not be detrimental to the public
peace, health, safety, morals or welfare of the city or its inhabitants
either by the reason of the character of the applicant, the nature
of the business or the manner in which the business is proposed to
be conducted, then the chief of police, or his or her deputy, shall
issue such permit upon such terms and conditions and restrictions,
regulating the operation and conduct of such business, not in conflict
with any paramount law as such terms and conditions may be necessary
or expedient to protect the public peace, health, safety, morals or
welfare of the city or its inhabitants.
(Prior code § 1141; Ord. 953 § 1, 1964)
In the event the chief of police, or his or her deputy, denies
such a permit the applicant may appeal to the city council by filing
with the city council a written notice of appeal within ten days from
the date of such denial. If such an appeal is filed, the city council
within a reasonable time shall review the matter and after such hearing
thereon as the council may require it shall have the right to refuse
such permit if it determines that the proposed enterprise would be
detrimental to the public peace, health, safety, morals or welfare
of the city or its inhabitants, either by reason of the moral character
of the applicant, the nature of the business or the manner in which
the proposed business is to be operated.
(Prior code § 11.42; Ord. 953 § 1, 1964)
Any permit issued pursuant to this chapter shall be posted on
the premises where the business for which such permit is issued is
conducted and shall remain so posted during the period the permit
shall be in force.
Any permit issued to any person who goes from place to place
in the city for the purpose of carrying on the business permitted
shall carry such permit at all times he or she is conducting such
business and shall exhibit the same worn upon an outer garment in
a conspicuous place.
(Prior code § 11.43; Ord. 953 § 1, 1964)
Any permit issued pursuant to this chapter shall be of the same
duration as the business license issued to such person or business
pursuant to this title. Any permit issued hereunder may be renewed
upon the filing of an application for the renewal with the chief of
police, or his or her deputy. Such application for renewal shall be
in the same form as any application for an original permit and shall
be issued or denied in a like manner as the original permit.
(Prior code § 11.44; Ord. 953 § 1, 1964)
The fee for issuing any permit hereunder shall be as established pursuant to resolution of the city council. The fees provided for herein, shall be for the processing of the permit required herein and shall be in addition to any license tax provided for in Chapter 5.08.
(Prior code § 11.45; Ord. 953 § 1, 1964; Ord.
1536 § 4, 1989)
When any permit is issued pursuant to the terms of this chapter,
such permit may be revoked at any time thereafter by the chief of
police or his or her deputy, if the chief of police, or his or her
deputy, is satisfied that the conduct of such business does or will
endanger in any manner the public welfare or the peace, health or
safety of the city or its inhabitants or that the same has been conducted
in an illegal, improper or disorderly manner or when the proprietor
or person in charge of such business violates or permits any infraction
of any law of the state or city.
Such revocation shall be by delivering a notice of revocation
with the reasons therefor to the applicant in person or by mailing
the same to the address of the applicant as set forth in his or her
application. Such revocation shall be effective within five days following
the date of delivery, or the date of mailing, unless within such period
of time the applicant files with the chief of police or his or her
deputy and the city clerk a demand for a hearing.
If such a demand for hearing is filed, the city council shall
set for hearing the revocation of such permit, and at the conclusion
of such hearing may uphold such revocation or may reinstate the permit.
The action of the city council shall be final and conclusive and there
shall be no right of appeal therefrom.
(Prior code § 11.46; Ord. 953 § 1, 1964)
A public dance hall is any place of business where two or more
persons dance or are permitted, whether for profit or not for profit,
and to which the public is admitted or permitted to dance with or
without charge.
(Prior code § 11.57; Ord. 953 § 1, 1964)
A public dance is any dance where two or more persons dance
in or upon any premises to which the public is admitted, either with
or without charge, and whether such dancing is done or permitted either
as the main purpose or as incident to some other purpose, except where
such two or more persons dancing together are putting on a show, exhibition
or other form of entertainment in which the audience or public does
not participate.
(Prior code § 11.58; Ord. 953 § 1, 1964)
means and includes any activity planned or engaged in or
permitted to occur for the purpose of or resulting in attracting,
amusing, diverting or retaining the attention of or participation
of patrons or customers at any public place, whether or not food or
beverages are sold, offered for sale, or given away, and shall specifically
include, but not be limited to, any act, play, performance, show,
exhibition, public dancing, concert, multi-media or telecommunication
entertainment, contest or similar activity. However, the term "cafe
entertainment" shall not include entertainment provided under the
supervision of school authorities, the city or any nonprofit organization.
(Prior code § 11.59; Ord. 953 § 1, 1964; Ord.
1406 § 1, 1983)
is any club or association of persons which conducts dances,
other than public dances, for its members or bona fide guests more
than once per month and for the attendance at or participation in
which a dance fee is charged, or at which dance any collection or
donation of money is made or received or in which club or association
the amount of dues paid by each member is dependent upon or related
to the attendance at such dances.
(Prior code § 11.60; Ord. 953 § 1, 1964)
is any casual event held by any bona fide memorial, fraternal,
or civic association, or held under the auspices of a school, public
recreation or community service organization.
(Prior code § 11.61; Ord. 953 § 1, 1964)
