Section
110.01
Licenses required
to engage in certain businesses
110.02
Application for
license
110.03
Issuance of
license
110.04
Date and duration
of license
110.05
License not
transferable
110.06
License
certificate to be displayed
110.07
Revocation or
suspension
110.08
Appeal and review
§ 110.01 LICENSES REQUIRED TO ENGAGE IN CERTAIN
BUSINESSES.
No person shall engage in any of the
trades, businesses, or professions for which licenses are required by Title XI
of this code or by any other ordinance of the city or provision of this code
without first applying for and obtaining a license from the City Clerk or other
duly authorized issuing authority.
Penalty, see § 10.99
§ 110.02 APPLICATION FOR LICENSE.
(A) All original applications for
licenses, unless otherwise specifically provided, shall be made to the City
Clerk or other authorized official in writing upon forms to be furnished by him
or her and shall contain:
(1) The applicant's full name,
address, and telephone number, and the full name of each officer, partner or business associate, if
applicable;
(2) His or her present
occupation and principal place of business;
(3) His or her place of residence
for the preceding five years;
(4) The nature and location of
the intended business or enterprise;
(5) The period of time for which
the license is desired;
(6) A description of the merchandise, goods or services to be sold;
(7) If a motor vehicle is to be
used, a full description of the motor vehicle, including the make, model, year,
color, license number, and vehicle registration (VIN) number of the vehicle.
(8) Other information concerning
the applicant and his or her business as may be reasonable and proper, having
regard to the nature of the license desired.
(B) Any change in the information
required by division (A) of this section must be reported to the City Clerk or
other authorized official within 14 days of that change.
(C) Renewal of an annual license may be
granted to a licensee in good standing on the basis of the original
application, unless otherwise provided.
However, if a request for renewal is not submitted to the City Clerk or
other authorized official within 21 days after the date of expiration for the
preceding license, the applicant must fill out an original application.
(D) With each original or renewal
application, the applicant shall deposit the fee required for the license
requested.
(E) It shall be unlawful to knowingly
make any false statement or representation in the license application.
Penalty, see § 10.99
§ 110.03 ISSUANCE OF LICENSE.
Upon receipt of an application for a
license, accompanied by the proper fee if approval by another officer or
department is not required, the City Clerk, shall
deposit the fee in the general fund of the city and issue to the applicant a
proper license certificate signed by the City Clerk.
§ 110.04 DATE AND DURATION OF LICENSE.
A license shall not be valid beyond the
expiration date therein specified and, unless otherwise provided, shall not
extend beyond December 31 of the year issued.
However, at any time after December 1, licenses may be issued for the
next calendar year. Unless otherwise
specified, the full annual fee will be required of licensees irrespective of
the date of issuance of the license.
§ 110.05 LICENSE NOT TRANSFERABLE.
Every license shall be issued to a real
party in interest in the enterprise or business, and unless otherwise provided,
no license shall be assigned or transferred.
Penalty, see § 10.99
§ 110.06 LICENSE CERTIFICATE TO BE DISPLAYED.
Every licensee carrying on business at
a fixed location shall keep posted in a prominent place upon the premises the
license certificate. Other licensees
shall carry their licenses at all times, and whenever requested by any officer
or citizen, shall exhibit the license.
Penalty, see § 10.99
§ 110.07 REVOCATION OR SUSPENSION.
(A) Any license may be suspended or
revoked by the City Clerk or City Council at any time for the following
reasons:
(1) For conditions or
considerations which, had they existed at the time of issuance, would have been
valid grounds for its denial;
(2) For any misrepresentation of
a material fact in the application discovered after issuance of the license;
(3) For any misrepresentation or
materially false statement made in the course of carrying on the trade,
business or profession;
(4) For violation of any
provision of this chapter or other federal, state or municipal law or ordinance
relating to the operation of the business or enterprise for which the license
has been issued; or
(5) Upon conviction of a
licensee for any federal, state or municipal law or ordinance involving the
creation of a nuisance, a breach of the peace, interference with the rights of property
owners, or any other offense constituting a threat to the public health,
safety, morals or general welfare of the public.
(B) The suspension or revocation shall
become effective upon notice served upon the licensee. The notice shall contain a written summary of
the reasons for the suspension or revocation and a statement concerning the
right to appeal the decision. The notice
shall be delivered by certified mail, return receipt requested, to the address
given on the licensee's application.
§ 110.08 APPEAL AND REVIEW.
In case any applicant has been denied a
license by the City Clerk, or if his or her license has been suspended or
revoked by the City Clerk, the applicant or licensee shall within ten business
days have the right to appeal to the City Council from the denial, suspension
or revocation. Notice of appeal shall be
filed in writing with the City Clerk or other authorized official the Mayor
shall call a special meeting of the City Council for the purpose of holding the
hearing unless a regular meeting of the City Council will occur within the 21-day period,
and who shall fix the time and place for a hearing which shall be held no later than 21 days
thereafter. Notice of appeal shall be
filed in writing with the City Clerk. Unless a regular meeting of the City
Council at which the appeal can be heard is scheduled within 21 days after
receiving the notice of appeal, the Mayor shall schedule a special meeting of
the City Council for the hearing within the 21‑day period. Three members of the City Council shall
constitute a quorum to hear the appeal.
The appellant may appear and be heard in person or by counsel. If, after hearing, a majority of the members
of the City Council present at the meeting declare in favor of the applicant,
the license shall be issued or fully reinstated as the case may be; otherwise
the suspension or revocation shall become final.