[Adopted 5-18-1982 by Ord. No. 678-82]
The Municipal Court shall have the following additional powers with
respect to unlicensed acts:
A.
It shall be unlawful for any person required to be licensed
to engage in any trade, business or activity for which a license is required
without such license.
B.
After notice and hearing, the Court shall be authorized
to:
(2)
Order any person in violation of this article immediately
to discontinue such activity at the premises on which such activity is occurring.
(3)
Order that such premises on which such activity is occurring
is sealed, provided that such premises are primarily used for such activity.
(4)
Order that any devices, items or goods sold, offered
for sale or available for public use and relating to such activity for which
a license is required but has not been obtained shall be removed, sealed or
otherwise made inoperable.
C.
Orders of the Court issued pursuant to this article shall
be posted at the premises on which unlicensed activity occurs in violation
of this article.
D.
Orders of the Court issued pursuant to Subsection B(2), (3) or (4) of this section shall be stayed with respect to any person who, prior to service of the notice provided in Subsection B of this section, had submitted a full and complete application in proper form and accompanied by the requisite fee for a license or the renewal of a license while such application is pending.
F.
Any devices, items or goods removed pursuant to the provisions of Subsection B of this section shall be stored in a garage, pound or other place of safety and the owner or other person lawfully entitled to the possession of such devices, items or goods may be charged with reasonable costs for removal and storage payable prior to the release of such devices, items or goods to such owner or such other person.
G.
The Court shall order that any premises which are sealed
pursuant to this article shall be unsealed and that any devices, items or
goods removed, sealed or otherwise made inoperable pursuant to this Article
shall be released, unsealed or made operable upon:
(1)
Payment of all outstanding fines and all reasonable costs
for removal and storage.
(2)
Presentation of proof that a license has been obtained
for such activity or, if such person or premises are for any reason ineligible
to obtain a license, proof satisfactory to the Court that such premises, devices,
items or goods will not be used in violation of this Article.
H.
It shall be a violation for any person to remove the
seal on any premises or remove the seal or make operable any devices, items
or goods sealed or otherwise made inoperable in accordance with an order of
the Court.
I.
The owner or other person lawfully entitled to reclaim
the devices, items or goods removed pursuant to this Article shall reclaim
such devices, items or goods. If such owner or such person does not reclaim
such devices, items or goods within 90 days of their removal, such devices,
items or goods shall be subject to forfeiture upon notice and judicial determination
in accordance with provisions of law. Upon forfeiture, the Police Department
shall, upon a public notice of at least five days, sell such forfeited devices,
items or goods at public sale. The net proceeds of such sale, after deduction
of the lawful expenses incurred, shall be paid into the general fund of the
city.
J.
In the event that any removal made pursuant to this Article
shall include any perishable items, goods or food products which cannot be
retained in custody without such items, goods or food products becoming unwholesome,
putrid, decomposed or unfit in any way, they may be delivered to the Health
Director for disposition.
