It is the intent of this chapter to provide a special permit
procedure for those businesses enumerated in this chapter. The failure
to enumerate other businesses and activities covered in other sections
of this code requiring permits or subject to franchises shall not
be deemed or construed as an intention upon the part of the city council
to relieve such businesses or occupations from the permit procedure
or franchise procedure under which they may be governed by other ordinances
or articles of this code or state law.
(Prior code § 11-110)
A. In addition to the payment of a license fee, certain businesses, professions, trades or occupations as set forth in subsection
B of this section shall first obtain a permit to operate such business, profession, trade or occupation within the city. No person shall operate a business, profession, trade or occupation set forth in this section without first obtaining a permit to do so. The finance director or the director's authorized deputy shall not issue a license or accept a license fee from any person to conduct a business, profession, trade or occupation set forth in this section unless such person has in existence a valid and unexpired permit to perform such business, profession, trade or occupation. A business listed in subsection
B of this section is not deemed to be a permitted business only by virtue of appearing on this list.
B. The
following businesses, professions, trades and occupations shall require
a permit:
1. Ambulance
Operators. The finance director shall not issue a permit to any ambulance
operator for the establishment of a new main or branch office within
the city limits until a public hearing has been held by the business
license and permit hearing board pursuant to the provisions of this
title to determine the effect on the public health, peace, welfare
and safety of the granting of any such permit, and in particular any
impact which may be detrimental to proper ambulance service within
the city. Reasonable notice of such hearing shall be given to ambulance
operators who maintain an existing main or branch office in the city;
2. Ambulance
Drivers. The finance director shall not issue a permit to any ambulance
driver until such ambulance driver obtains an American Red Cross aid
card and presents same to the city. Notwithstanding any other provision
of this chapter to the contrary, ambulance driver permits shall be
renewed annually on or before the anniversary date of the issuance
of such permit. Such permit may be renewed by the finance director;
provided, that the director receives a favorable report therefor from
the law enforcement agency. Notwithstanding any other provision of
this chapter to the contrary, application fees for permits and for
the annual renewal thereof pertaining to ambulance drivers or attendants
shall be ten dollars each;
4. Auction
Establishments or Auctioneers. No auctioneer's permit or license shall
be required from any person selling his or her own property at his
or her own private residence;
5. Public
billiard or pool halls;
6. Dance
Halls or Dance Clubs. Teenage dances shall require neither a license
nor a permit; provided, that the person or organization sponsoring
or conducting such teenage dance delivers to the finance director,
either personally or by first class mail, postage prepaid, the time
and place of such dance at least three days in advance of such dance;
7. Drive-in
or take-out restaurants;
8. Guards.
Notwithstanding any other provision of this chapter to the contrary,
guard permits shall be renewed annually on or before the anniversary
date of the issuance of such permit. Such permit may be renewed by
the finance director; provided, that the director has received a favorable
report as to such application from the law enforcement agency. Notwithstanding
any other provision of this chapter to the contrary, the application
fee for permits and for annual renewal thereof, pertaining to a guard,
shall be ten dollars each, in advance. No business license shall be
required of a guard where employed by an employer who is licensed
under this chapter;
10. Hawkers and Retail Vendors of Food and Ice Cream Products.
a. Every person peddling, selling or delivering liquids or edibles for
human consumption from packs, baskets, handcarts, wagons or vehicles,
retail from door to door, shall first obtain a health permit and then
a permit pursuant to this chapter. Such permit shall be valid for
one year only and shall be renewed only if such person complies with
the provisions of this code. All drivers of vehicles making sales
directly to the public shall be required to submit to investigation
and clearance from the law enforcement agency concerning character,
past arrests and convictions. This subsection shall not apply to any
of the following:
i. Persons selling or delivering to retail establishments,
ii. Distributors of milk, bottled water, ice or food products rendering
the service of delivering their products to customers on an established
customer list,
iii.
A person who sells edibles from a wayside stand located on property
owned or controlled by such person, all of which edibles are grown
or raised on such property by such person or by members of the person's
immediate family,
iv. The operator of a public eating place,
b. Sound-amplifying equipment or any device for the amplification of
the human voice, music or any other sound, including radios, horns,
bells or other sound or musical device used for the purpose of attracting
customers to such vehicle or vendor, shall be in a reasonable manner
and in accordance with state law and the provisions of this code;
13. Patrol Systems—Patroller. Every person operating a patrol system
or employed as a patroller within the city shall first register with
the city, and obtain a permit describing the area to be patrolled.
The registration shall contain, among other things, an accurate description
of the area in which operations are permitted and the names of all
patrolmen permitted to such permittee. The registration to conduct
a patrol system shall not authorize any person, either as a patroller,
agent or owner, to patrol any territory outside the area specified
in such registration;
16. Taxicab Drivers. Notwithstanding any other provision of this chapter
to the contrary, taxicab driver permits shall be renewed annually
on or before the anniversary date of the issuance of such permit.
Such permit may be renewed by the finance director, provided that
the director has received a favorable report therefor from the law
enforcement agency. Notwithstanding any other provision of this chapter
to the contrary, application fees for permits and for the annual renewal
thereof, pertaining to taxicab drivers, shall be ten dollars for each.
(Prior code § 11-111; Ord. 812-96 § 3; Ord. 936-04 § 6; Ord.
1107-15 § 5; Ord. 1122-16 § 4)
Notwithstanding the provisions of this chapter providing for the issuance of permits for certain businesses by the business license and permit hearing board or city council, the finance director may issue permits for businesses listed in Section
5.20.020 without submission of the same to the business license permit hearing board or the city council when the finance director has obtained the necessary clearance from the law enforcement agency, the health department, and other investigating agencies, and where the director has received no evidence indicating that the public health, safety or welfare or the purposes of this title will be injured by the granting of such a permit, and where, in addition, there are no protests or objections to such permit. In the event all such conditions do not exist or the finance director denies a permit for other reasons, the application shall be referred to the business license and permit hearing board and the city council.
(Prior code § 11-112; Ord. 913-02 § 22)
No permit issued under this chapter shall be transferable except
by the consent of the city council.
(Prior code § 11-115)
Any permit issued pursuant to this chapter may be modified,
or the terms and provisions of any permit modified, amended or changed
upon application and a hearing before the business license and permit
hearing board. Such application for a modification shall be processed
in the same manner as the original application and shall be subject
to the payment of fees and all the terms and provisions imposed in
this chapter in respect to the processing of the original application.
(Prior code § 11-116)