[HISTORY: Adopted by the City Council of the City of Batavia 1-26-1981
as Ch. 16 of the 1981 Code. Amendments noted where applicable.]
No person shall engage in any trade, profession, business or privilege
in the City of Batavia for which a license or permit is required by any provision
of this Code without first obtaining such license or permit from the city
in the manner provided in this chapter, unless otherwise specifically provided.
Unless otherwise provided, application for a license or permit shall
be made in writing to the Clerk-Treasurer upon forms provided by the city
and the applicant shall state the location of the proposed activity and such
other facts as may be required for or be applicable to the granting of such
a license or permit.
The fees required for any license or permit shall be paid at the office
of the Clerk-Treasurer before the granting of the license or permit. Unless
otherwise provided, no fee shall be prorated for a portion of a year, and
no fee paid shall be refunded, unless the license or permit is denied.
All required bonds shall be executed by two sureties, or a surety company,
and be subject to the approval of the City Attorney. Where policies of insurance
are required, such policies shall be approved as to substance and form by
the City Attorney. Satisfactory evidence of coverage by bond or insurance
shall be filed with the Clerk-Treasurer before the license or permit is issued.
A.
Unless otherwise provided, the issuance of licenses and
permits shall be approved by the City Manager.
B.
Where the approval of any other city officer or a state
officer is required prior to the issuance of any license or permit, such approval
must be presented to the Clerk-Treasurer before any license or permit is issued.
License or permit certificates shall show the date of issue, the activity
licensed and the term of the license or permit, and shall be signed in the
name of the city by the Clerk-Treasurer, and/or other lawfully designated
city official, and be impressed with the City Seal. The Clerk-Treasurer shall
keep a record of all licenses and permits issued.
A.
Annual. Unless otherwise provided, the term of the license
year shall begin and end with the calendar year.
B.
Short term. Where the issuance of licenses for a period
of less than one year is permitted, the effective date of such license shall
commence with the date of issuance.
C.
Permits. Permits shall be issued for the term set forth
in each permit.
Every licensee or permittee shall carry his or her license or permit
certificate upon his or her person at all times when engaged in the activity
for which the license or permit was granted; except that where such activity
is conducted at a fixed place or establishment, the license or permit certificate
shall be exhibited at all times in some conspicuous place in his or her place
of business. The licensee or permittee shall exhibit the license certificate
when applying for a renewal and upon demand of any police officer or person
representing the issuing authority.
A.
Transfer. Unless otherwise provided, no license or permit
shall be transferable.
B.
Renewal. Unless otherwise provided, license or permit
renewals shall be issued in the same manner and be subject to the same conditions
as original licenses or permits.
C.
Suspension and revocation. Unless otherwise provided,
any license or permit issued by the city may be suspended or revoked by the
City Manager or Council for any of the following causes:
(1)
Fraud, misrepresentation or incorrect statement contained
in the application or made in carrying on the licensed or permitted activity.
(2)
Conviction of any crime or misdemeanor.
(3)
Conducting such activity in such manner as to constitute
a breach of the peace, or a menace to the health, safety or welfare of the
public, or a disturbance of the peace or comfort of residents of the city,
upon recommendation of the appropriate city official.
(4)
Expiration or cancellation of any required bond or insurance.
(5)
Actions unauthorized or beyond the scope of the license
or permit granted.
(6)
Violation of any regulation or provision of this Code
applicable to the activity for which the license or permit has been granted,
or any applicable regulation or law.
(7)
Failure to continuously comply with all conditions required
as precedent to the approval of the license or permit.
A.
Right of appeal. Unless otherwise provided, any person
aggrieved by the action of any city official in denying, suspending or revoking
a license or permit shall have the right to a hearing before the Council on
any such action, provided that a written request therefor is filed with the
Clerk-Treasurer within 10 days after receipt of the notice of such denial,
suspension or revocation. The Council may grant such license or permit or
confirm any suspension or revocation, or reinstate any such license or permit.
The action taken by the Council after a hearing shall be final.
B.
Procedure. Any person whose license or permit is denied,
suspended or revoked is entitled to a statement in writing from the action
officer specifying the grounds in sufficient particularity to identify the
facts or reasons therefor and advising the applicant or licensee of his or
her right of appeal. The Council shall give the person aggrieved opportunity
to prepare his or her case, the right to counsel, the right to present evidence
and to cross-examine witnesses.
A.
Right; suspension for failure to admit. The city official
shall be authorized, in the performance of his or her duties, to conduct inspections
of premises, or parts of premises, at such times and in such manner as the
building official may find convenient or necessary, with the consent of the
person in possession or occupancy. Refusal to grant entry shall not be subject
to any punitive action except that a license or permit may be suspended until
entry is permitted.
B.
Obtaining warrant. If admission is refused or cannot
be obtained from the person in possession or occupancy, the city official
shall be authorized to obtain a warrant to make an inspection, provided reasonable
or probable cause is shown.
C.
Emergency. In case of an emergency, the city official
may, without a warrant, enter any premises, or parts of premises, to inspect
the same, at any time, without the permission of the person in possession
or occupancy.