Part 7 Business Regulation Code - Title 1 Business Regulations

  1. Chapter 701 General Licensing Provisions
  2. Chapter 709 Commercial Amusements
  3. Chapter 719 Rubbish Haulers
  4. Chapter 723 Solicitations at Residences
  5. Chapter 735 Abandoned Service Stations
  6. Chapter 741 Adult Cabaret Businesses

Chapter 701 General Licensing Provisions

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Section 701.01 Licenses Required; Nontransferability

  1. No person shall engage in any of the trades, businesses or professions for which licenses are required by this Code, or by any other City ordinance without first applying for and obtaining a license from the Division of Permits and Inspection or other duly authorized issuing authority.
  2. 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.

Section 701.02 License Application; Renewal; Fee

  1. Application.  All original applications for licenses, unless specifically otherwise provided, shall be made to the Division of Permits and Inspection, in writing, upon forms to be furnished by the Division and shall contain:
    1. The name of the applicant and of each officer, partner or business associate;
    2. The present occupation and place of business of applicant and of each person identified in subsection (a)(1) hereof;
    3. Place of residence for five years next preceding the date of application;
    4. The nature and location of the intended business or enterprise;
    5. The period of time for which the license is desired;
    6. If for a vendor, a description of the merchandise to be sold;
    7. Such other information concerning the applicant and his business as may be reasonable and proper, having regard for the nature of the license desired.
  2. Renewal.  Renewal of an annual license may be granted to a licensee in good standing upon the original application, unless otherwise provided.
  3. Fee.  With each original or renewal application, the applicant shall deposit the fee required for the license requested.
  4. False Statement.  No person shall knowingly make any false statement or representation in the application.

Section 701.03 License Issuance

Upon receipt of application for a license, accompanied by the proper fee, if approval by another officer or department is not required, the Superintendent of Permits and Inspection, shall forthwith deposit the fee in the Treasury and issue to the applicant a proper license certificate signed by him.  If for any reason the license is not issued, the deposit, less one dollar ($1.00) to cover expenses of considering the application, shall be returned to the applicant.

Section 701.04 License Date and Duration

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; except that at any time after December 14, licenses may be issued for the ensuing calendar year.  Unless otherwise specified the full annual fee will be required of licenses, irrespective of the date of issue of the license.

Section 701.05 Display of License Certificate

Every license carrying on business at a fixed location shall keep the license certificate posted in a prominent place upon the premises.  Other licensees shall carry their license certificates at all times and shall exhibit the same whenever requested by any officer or citizen.

Section 701.06 Revocation or Suspension

  1. Any license may be revoked by the Mayor at any time for conditions or considerations which, had they existed at the time of issuance, would have been valid grounds for its denial; for any misrepresentation of a material fact in the application discovered after issuance of the license; for violation of any provision of this chapter or other law or ordinance relating to the operation of the business or enterprise for which the license has been issued; or upon conviction of a licensee for any Federal, state or municipal law or ordinance involving moral turpitude.  Revocation shall become effective upon notice served upon such licensee or posted upon the premises affected.
  2. As a preliminary to revocation, the Mayor may issue an order suspending the license, which shall become effective immediately upon service of written notice to the licensee.  Notice shall specify the reason for suspension, and may provide conditions under which reinstatement of the license may be obtained.  Upon compliance with such conditions within the time specified, the license may be restored.

Section 701.07 Appeal and Review

In case any applicant has been denied a license, of if his license has been revoked or suspended, the applicant or licensee, as the case may be, shall within three business days have the right to appeal to Council from the denial, revocation or suspension.  Notice of appeal shall be filed in writing with the Clerk of Council who shall fix the time and place for hearing, the same to be not later than one week thereafter.  The Clerk shall notify the Mayor and all members of Council of the time and place of such hearing not less than twelve hours in advance thereof.  Three members of Council shall constitute a quorum to hear an appeal. The appellant may appear and be heard in person or by counsel.  If, after hearing, a majority of the members of Council present at the meeting declares in favor of the applicant, the license shall be forthwith issued or fully reinstated as the case may be; otherwise the order appealed from shall become final.

Section 701.99 Penalty

Whoever violates any provision of this chapter is guilty of a minor misdemeanor.  A separate offense shall be deemed committed each day during or on which an offense occurs or continues.