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;
H. 
Solicitations;
1. 
Solicitors:
a. 
Permit,
b. 
Identification card;
2. 
Charitable solicitations:
a. 
Permit,
b. 
Information card;
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)
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)
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)