Note: Prior ordinance history: Ord. 38, 1979; Ord. 105,
1984; Ord. 124, 1985.
It is unlawful for any person, firm, or corporation to engage
in, conduct, manage, or carry on any of the following businesses,
practices, professions, or occupations within the city without first
having obtained a permit therefor in accordance with the uniform permit
procedure:
A.
Amusement
establishment and devices;
B.
Bingo;
C.
Dances
and dancehalls;
D.
Entertainment;
E.
Entertainers;
F.
Massage
establishments;
G.
Massage
technicians and trainees;
I.
Taxicabs
and taxicab drivers;
J.
Tattoo
parlors and mobile tattoo vehicles.
(Ord. 169 § 2, 1989; Ord. 299, 2000)
All permits issued shall be issued by the issuing officer, who,
unless otherwise specified, shall be the city treasurer.
(Ord. 169 § 2, 1989)
Application for a permit shall be made to the issuing officer
on forms provided by the issuing officer. The application shall contain
a provision by which the applicant consents to having all required
notices, unless otherwise specified, sent by mail to applicant's address
on the application by depositing the same in the United States mail,
postage prepaid.
(Ord. 169 § 2, 1989)
Such permit shall not be transferable from person to person
nor place to place.
(Ord. 169 § 2, 1989)
The fee established for any permit shall defray the cost of
investigation and issuance of the permit. In the event the permit
is for any reason whatsoever denied or in any event not obtained by
the applicant, the fee paid shall not be refunded to the applicant.
Fees shall be reviewed periodically so as not to be excessive.
(Ord. 169 § 2, 1989)
A permit issued shall expire a year from the date of issue and
may be renewed by filing a renewal application not less than thirty
days prior to expiration date.
(Ord. 169 § 2, 1989)
All permits issued for business establishments must be posted
in a conspicuous place on the permitted premises.
(Ord. 169 § 2, 1989)
A.
Upon
receipt of an application for a permit, the issuing officer may send
copies of such application to any office or department which the issuing
officer may deem appropriate in order to carry out a proper investigation
of the application of his proposed business.
B.
Every
officer or department to which an application for a permit is referred
may request from the issuing officer that additional information be
obtained from the applicant relating to the proposed permit as such
officer or department deems necessary.
C.
The
issuing officer and every officer or department to which an application
is referred shall investigate the truth of the matters set forth in
the application, the character of the applicant as it relates to doing
business under said permit and may examine the premises proposed to
be used for said business.
D.
Upon
receipt of an application, the issuing officer shall post for a period
of ten days the name and business address of the applicant, the type
of permit applied for, whether the application is for a new permit
or for the renewal of an existing permit, and the fact that any interested
member of the general public can submit information regarding the
issuance of the permit. Such information shall be delivered to the
office of the issuing officer within five days of the last day of
posting. The names and business addresses of applicants shall be posted
in the office of the issuing officer.
(Ord. 169 § 2, 1989)
A.
The
issuing officer may deny an application for a permit, if he finds
the applicant or any agent or representative thereof has:
1.
Knowingly
made any false, misleading or fraudulent statement or a material fact
in the application or in any record or report required to be filed
under this chapter; or
2.
Violated
any of the provisions of this chapter or any provisions of any other
ordinance or law relating to or regulating said business or occupations;
or
3.
Been
convicted of a crime, the nature of which indicated the applicant's
unfitness to operate the proposed business. A plea or verdict of guilty,
a finding of guilty by a court in trial without a jury, a plea of
nolo contendere, or a forfeiture of bail is deemed a conviction.
B.
If after
investigation the issuing officer determines that the application
should be denied he shall prepare a notice of denial of application
setting forth the reasons for such denial of application. Such notice
shall be either sent by mail to the applicant's last address provided
in the application or be personally delivered. Any person who has
had a permit denied may request a hearing from the issuing officer.
Such request must be made in writing and filed with the issuing officer
within ten days of personal delivery of the notice of denial. If the
notice of denial is mailed, applicant has an additional five days
to request a hearing. The issuing officer shall notify the applicant
of the time and place of such hearing and the hearing shall be conducted
in manner prescribed in this chapter. The applicant shall also be
entitled to appeal provisions of this chapter following the hearing
before the issuing officer.
C.
If the
permit is granted, the name and business address of the permittee
shall be available to any interested member of the general public
for the duration of the permit.
(Ord. 169 § 2, 1989)
A.
In the
event that any person holding a permit issued pursuant to this chapter
violates, or causes or permits to be violated, any of the provisions
of this chapter, or any provisions of any other ordinance or law relating
to or regulating said business or occupation in an unlawful manner,
the issuing officer, may, in addition to other penalties provided
by ordinance, suspend or revoke the permit after the permit has been
given the opportunity for a hearing as provided for in this chapter.
B.
The
issuing officer shall post for a period of ten days the name and business
address of any person receiving a notice of suspension or revocation
along with the fact that any interested member of the general public
can submit information regarding the proposed suspension or revocation.
Such information shall be submitted in writing and shall be delivered
to the office of the issuing officer within five days of the last
day of posting. The names and business addresses shall be posted in
the office of the issuing officer.
(Ord. 169 § 2, 1989)
A.
In any
case where the issuing officer determines that a permit issued pursuant
to this chapter should be suspended or revoked, the issuing officer
shall prepare a written notice of suspension or revocation, which
includes a statement of the proposed action, a concise explanation
of the reasons for the proposed action, the statutory basis relied
upon for such proposed action, and an explanation of the permittee's
right to request a hearing from the issuing officer. Such notice shall
be sent by certified mail to the permittee's last address provided
in the application or be personally delivered, at least ten days prior
to the effective date of such action. If within five days after receipt
of such mailing or delivery the permittee or an authorized representative
requests in writing a hearing from the issuing officer, the issuing
officer shall immediately set a hearing and shall set forth in writing
and send to the permittee by means of the mail or hand delivery, notice
of the time, date and place of such hearing. The hearing shall be
held not more than thirty days from the date of receipt of request
for hearing. The hearing shall be conducted by a hearing officer designated
by the issuing officer. The person designated as hearing officer shall
not have been connected in any manner in the decision to take the
proposed action which is the subject of such hearing. No hearings
shall be continued except upon a showing of good cause.
B.
The
hearing shall be conducted to determine the existence of any facts
which constitute grounds for the suspension or revocation of the permit.
The permittee may have the assistance of counsel or may appear by
counsel and shall have the right to present evidence. In the event
that the permittee, fails to appear at the hearing, the evidence of
the existence of facts which constitute grounds for the suspension
or revocation of the permit shall be considered unrebutted. The decision
of the hearing officer shall be based solely on the evidence presented
at the hearing. Upon conclusion of the hearing, the hearing officer
will give a verbal decision; provided, however, that in the discretion
of the hearing officer, the decision may be delayed and given in writing
in two days. In any case where a verbal decision is given at the close
of the hearing, the hearing officer shall confirm that decision in
writing within two days. The written decision shall set forth the
findings of fact and reasons for the decision and a copy mailed to
the permittee or an authorized representative. The decision of the
hearing officer shall be posted in the office of the issuing officer
for a period of five days along with the available procedures for
appeal. A hearing held under this section or the failure or the permittee
to request such a hearing or to appear at the scheduled time for such
hearing in no way deprives the permittee to the right to appeal as
provided in this chapter.
(Ord. 169 § 2, 1989)
The effect of a decision of the hearing officer to suspend or revoke a permit shall be stayed while an appeal to the city council is pending or until the time for filing such appeal has expired. If the city council, on appeal, determines that a permit issued under Chapter 5.20 (entertainment permit) is to be suspended or revoked, the effect of the decision shall be stayed for thirty days after any decision of the city council in order to allow the permittee to obtain judicial review of that suspension or revocation. There shall be no stay of the effect of the decision of the hearing officer upholding the denial of any permit.
(Ord. 169 § 2, 1989; Ord. 256 §2, 1996)
A.
When,
in the opinion of the issuing officer, there is an immediate threat
to the public health, welfare or safety, the officer may suspend a
permit without a hearing. The issuing officer shall prepare a written
notice of suspension, which includes a statement of the action, a
concise explanation of the reasons for the action, the statutory basis
relied upon for such action, and an explanation of the permittee's
right to request a hearing from the issuing officer. Such notice shall
be either sent by certified mail to the permittee's last address provided
in the application or be personally delivered. The permittee may request
a hearing from the issuing officer within five days of receipt of
notification that the permit has been suspended. The issuing officer
shall notify the permittee of the time and place of such hearing and
the hearing shall be conducted in the manner prescribed in this chapter.
B.
The
hearing shall be held not more than thirty days from the date of receipt
of said request or hearing. Following the hearing the person affected
may appeal the decision in the manner prescribed in this chapter.
The decision shall not be stayed during pendency of such hearing or
appeal.
(Ord. 169 § 2, 1989)
Within ten days after receipt of the decision of the hearing
officer, any party affected by the decision may appeal such a decision
by filing with the city council a written appeal briefly setting forth
the reasons why such a denial, suspension, revocation, or other decision
is not proper, the city council will render a decision on said appeal
not more than thirty days from the date of the filing.
(Ord. 169 § 2, 1989)
