Maywood Municipal Code Art. 1 General Provisions

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Advertising vehicle" shall mean the business of operating upon the streets any wheeled vehicle equipped with music or a musical device, loudspeaker, or other device for attracting attention, or any person who operates upon the streets any wheeled vehicle for advertising purposes, and to which wheeled vehicle there are attached signs, placards, billboards, or other advertising matter.

(b) "Business by vehicle" shall mean the business of running, driving, or operating any automobile, automobile truck, automobile tank wagon, or any vehicle used for transportation, selling, collection, or the delivery of goods, wares, merchandise, or other personal property of any kind from a vehicle, either as a principal business or in connection with any other business, or of soliciting for work, labor, or services to be performed upon the public streets in or from a vehicle, or to be performed on goods, wares, merchandise, clothes, or other personal property to be taken for such purpose to a plant or establishment inside or outside the City.

This definition shall not be deemed to apply to the delivery of goods to persons operating such vehicles together and in conjunction with a fixed place of business within the City for which such business a license tax is paid pursuant to the provisions of this chapter.

This definition shall not be construed as imposing a tax upon vehicles, but as a method of classification of businesses and distinguishing between persons maintaining a fixed place of business in the conduct of which vehicles are used and persons maintaining a business in the conduct of which vehicles are used but who do not have a fixed place of business in the City.

(c) "Engaged in business" shall mean the conducting, managing, or carrying on of any profession, trade, calling, occupation, or commercial enterprise in the City for which a license is required pursuant to the provisions of this chapter as owner, officer, agent, manager, employee, servant, or lessee of any of them.

(d) "Fortune-teller" shall mean a person who practices, or who professes to practice, the business or art of fortune-telling as defined in Section 5-8.01 of Chapter 8 of Title 5 of this Code,

(e) "Itinerant vendor" shall mean any person who engages in a temporary or transient business in the City selling goods, wares, merchandise, or any other thing of value, with the intention of conducting such business in the City for a period of not more than ninety (90) days, and who, for the purpose of carrying on such business, hires, leases, or occupies any room, doorway, vacant lot, building, or other place for the exhibition or sale of goods, wares, merchandise, or other thing of value. If the place in which a business is conducted is rented or leased for a period of ninety (90) days or less, such fact shall be presumptive evidence that the business carried on therein is a transient business; provided, however, any person who lawfully engages in the business of selling fireworks shall not be deemed to be an itinerant vendor.

(f) "Junk dealer" shall mean any person engaged in and carrying on the business of buying and selling, at either wholesale or retail, or who does business by vehicle for the purpose of buying and selling, any old rags, sacks, bottles, cans, papers, metals, or other articles of junk.

(g) "Licensee" shall mean any person to whom a license has been issued pursuant to the provisions of this chapter.

(h) "Medicine show" shall mean the business of dealing in medicines other than as conducted by a regularly established drugstore, or peddling the same, or treating diseases of the human body, or calling attention to wares or methods of treatment, or advertising the same by the use of music, entertainment, speech, or other device.

(i) "Pawnbroker" shall mean a person engaged in conducting, managing, or carrying on the business of loaning money for himself or for any other person upon personal property, personal security, pawns, or pledges, or the business of purchasing articles of personal property and reselling or agreeing to resell such articles to the vendors or their assignees at prices agreed upon at or before the time of such purchase.

(j) "Pawnshop" shall mean any room, store, or place in which any such business set forth in subsection (i) of this section is engaged in, carried on, or conducted.

(k) "Peddler" shall mean any person who goes from house to house, place to place, or in or along the streets of the City selling and making immediate delivery, or offering for sale and immediate delivery, any goods, wares, merchandise, or anything of value in possession of the peddler to persons other than manufacturers, wholesalers, jobbers, or retailers in such commodities.

(l) "Person" shall mean all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, corporations, Massachusetts business or common law trusts, societies, and individuals engaged in any business in the City.

(m) "Solicitor" shall mean any person who engages in the business of going from house to house, place to place, or in or along the streets of the City selling or taking orders, or demonstrating any goods, wares, merchandise, or other things of value for future delivery, or for service to he performed in the future.

(n) "Street" shall mean and include all streets, avenues, highways, alleys, courts, lanes, places, squares, curbings, sidewalks, and other public ways in the City which have been, or may hereafter be, dedicated as such or which, though not dedicated, are open to public use.

(o) "Care home" shall mean and include all child care homes, day nurseries, convalescent homes, homes for the aged, rest homes, and other similar businesses under which care is provided to five (5) or more persons, excluding the operator's own children.

(p) "Gross receipts" shall mean and include the total amount of the sales price of all sales and the total amount charged or received for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or nor such act or service is done as a part of, or in connection with, the sale of materials, goods, wares, or merchandise. Included in "gross receipts" shall be all receipts, cash, credits, and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from "gross receipts" shall be cash discounts allowed and taken on sales; credit allowed on property accepted as part of the purchase price and which property accepted as part of the purchase price may later be sold; any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; such part, upon the rescission of a contract of sale, as is refunded, either in cash or by credit; amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected; and that portion of the receipts of a general contractor which represents payments to subcontractors provided such subcontractors are licensed under this chapter and provided the general contractor furnishes the City Clerk with the names and addresses of the subcontractors and the amounts paid each subcontractor.

(§§ 1, 1-a, 1-b, and l-d through 1-m, Ord. 274, § 6.29, Ord. 274, as added by § 37, Ord. 316, as amended by § 2, Ord. 585; and § 6.42, Ord. 274, as added by § 50, Ord. 316, as amended by § 1, Ord. 383, and § 2, Ord. 585; as amended by § 1, Ord. 67-42. eff. January 9, 1968, § 1, Ord. 78-174, eff, July 25, 1978, § 3, Urgency Ord. 85-291, eff. August 27, 1985, and § 3, Ord. 85-296, eff. November 21, 1985)

(a) It shall be unlawful for any person to be engaged in business in the City without having an unrevoked license from the City so to do, valid and in effect at the time, and without complying with any and all the regulations of such business contained in this chapter, unless such person shall be exempt from the provisions of this title. No person who is an employee or who is the direct representative of a licensee shall be required to pay a license tax for the doing of any part of the work of such licensee.

(b) Any person violating any of the provisions of the herein title or knowingly or intentionally misrepresenting to any officer or employee of the city any material fact in procuring or any license or permit provided for in this Code shall be deemed guilty of an infraction. All remedies prescribed herein shall be cumulative, and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Code.

(Ord. 274, § 2; Ord. No. 15-01, § 7, 7-8-2015)

Separate licenses shall be obtained for each branch establishment or separate place of business in which the business is carried on; provided, however, only one business license shall be required for one or more businesses owned and operated by the same person as proprietor, or by members of his immediate family, when such businesses are located in the same building or on the same premises as the business for which the license is being obtained. The license tax shall be that which is required for the highest business license category of such businesses, and such license tax shall be in the amount required by Article 2 of this chapter.

(§ 2-b, Ord. 274, as amended by § 1½, Ord. 316, and § 1, Ord. 585)

It shall be the duty of the City Administrator to issue a license pursuant to the provisions of this article to every person engaging in business in the City in such form as the City Administrator shall provide and to state in each license the amount of any tax therefor, the period of time to be covered thereby, the name of the licensee, the business licensed, and the location or place where the business is to be carried on. All licenses shall be issued by the City Administrator, except such licenses as pertain to contractors, plumbers, electricians, or other persons engaging in the building trades, which licenses shall be issued by the Building Inspector or such other officer or employee of the City as the Council from time to time may designate by resolution. The City Administrator, Building Inspector, or such other officer to whom the Council may delegate all or any part of such duties shall be in charge of the collection of such license taxes as are delegated.

(§ 2-e, Ord. 274, as amended by § 1, Ord. 316, and § 1, Ord. 579)

No license issued pursuant to this article shall be transferred or assigned, nor shall such license be construed as authorizing any person other than the licensee to engage in the licensed business.

(§ 2-d, Ord. 274)

Duplicate licenses may be issued by the License Collector to replace any license previously issued which has been lost or destroyed. The applicant therefor shall file an affidavit attesting to such fact.

(§ 2-i, Ord. 274, as added by § 1, Ord. 366, as amended by § 3, Ord. 87-315, eff. June 11, 1987, and § 1, Ord. 93-401, eff. June 10, 1993)

A change of address may be endorsed upon the license upon payment of a fee approved by the City Council for the transfer of the license from one location to another for the same business by the same owner within the City.

(§ 2-i, Ord. 274, as added by § 1, Ord. 366, as amended by § 3, Ord. 87-315, eff. June 11, 1987, and § 1, Ord. 93-401, eff. June 10, 1993)

Every person having a license pursuant to the provisions of this article for engaging in business at a fixed place of business shall keep such license posted for exhibition while in force in some conspicuous part of such place of business. Every person having such license, and not having a fixed place of business, shall carry such license with him at all times while carrying on the business for which the license was granted. Every person having a license shall produce and exhibit the same when applying for a renewal thereof and whenever requested to do so by any police officer or by any person authorized to issue or inspect licenses or collect license fees.

(§ 2-h, Ord. 274)

The License Collector shall issue numbered plates to each licensee who is issued a license for engaging in business by vehicle as defined in Section 3-1.101 of this article. One plate shall be issued for each vehicle so used, which plate shall be placed conspicuously on the rear of each such vehicle. It shall be unlawful to place any such plate on a vehicle not used by the licensee in such business, or to drive or operate a vehicle upon which a plate is placed in violation of the provisions of this section, or to drive or operate a vehicle engaged in any such business upon which no plate is placed.

(§ 2-c-1, Ord. 274, as added by § 1, Ord. 396)

The amount of any license tax imposed pursuant to the provisions of this chapter shall constitute a debt to the City, and any person engaging in business in the City without having a license from the City Administrator or Building Inspector so to do shall be subject to an action in the name of the City in any court of competent jurisdiction for the collection of the amount of the license tax imposed by the provisions of this chapter. The conviction and punishment of any person having engaged in business without a license shall not excuse or exempt such person from the payment of any license tax due or unpaid at the time of such conviction, and nothing contained in this chapter shall prevent criminal prosecution for any violation of any provision of this chapter.

(§ 2-f, Ord. 274, as amended by § 2, Ord. 316, and § 2, Ord. 579; and § 2-g, Ord. 274)

The annual license taxes set forth in Article 2 of this chapter shall be due and payable to the City on January 1 of each year. All licenses, unless otherwise provided in this chapter, shall be issued for an annual period. All licenses shall be paid for in advance, and no rebate shall be given for any unused portion of the term. Any annual license issued subsequent to March 31 to a person first engaging in business in the City shall be paid for and shall be due and payable as follows: If such license is issued in any of the three (3) quarters following March 31, a license tax proportioned on a quarterly basis according to the annual rates set forth in Article 2 of this chapter for the full quarter in which such license is issued shall immediately be due and payable, together with an amount proportioned according to the unexpired part of the annual term.

(§ 5-a, Ord. 274, as amended by § 6, Ord. 316, and § 2, Ord. 334)

All license taxes shall be paid in advance in lawful money of the United States. All such taxes shall be payable at the office of the City Administrator excepting those pertaining to contractors, plumbers, electricians, or other persons engaging in the building trades, which shall be payable at the office of the Building Inspector. The Council may change the places of payment of such taxes by resolution or ordinance.

(§ 5, Ord. 274, as amended by § 5, Ord. 316, and § 5, Ord. 579)

In the event any annual license tax provided for in this chapter remains unpaid for a period of thirty (30) days after the same becomes due and payable pursuant to the provisions of this article, the same shall be declared delinquent, and the License Collector shall thereupon add to such license and collect a penalty of twenty (20%) percent of the license so delinquent, and, if such license is not paid within sixty (60) days from the time such license becomes due and payable, an additional penalty of fifteen (15%) percent of such license shall be added to such license. In computing such thirty (30) and sixty (60) day periods, the day upon which such license tax becomes due and payable shall be included in the computation; provided, however, as to any person not having a fixed place of business in the City, and first engaging in business in the City, whether the license is due on an annual or daily basis, the license tax shall be due and payable before engaging in business, and, if not so paid, a penalty of thirty-five (35%) percent of such license shall be added to such license tax. The penalties provided in this section shall be in addition to all other fines and/or penalties which may otherwise be levied or assessed pursuant to the provisions of this chapter.

(§ 5-b, Ord. 274. as amended by § 7, Ord. 316, and § 1, Ord. 402)

(a) Businesses enumerated: Applications. Until a permit has first been obtained from the Council, upon an application in writing therefor, no license shall be issued for:

(1) Any shooting gallery, pet shop, stand or place where fireworks are sold, merry-go-round, billposting and outdoor advertising, wrecking house, handling secondhand automobiles or furniture, circus, sideshow, dance hall, skating rink, bowling alley, poolroom, or billiard room; or

(2) Any game of pool (other than in bona fide poolrooms), shuffleboard, ball rolling, ring throwing, disc propelling or throwing, pushing or sliding, stick throwing, or any game of skill or science in which a charge is paid for participating therein, whether coin-operated or not, or any combination of such games or devices which are referred to in this chapter as "pool games or similar devices"; or

(3) Any amusement or recreation parlor or place of any description or similar enterprise.

(b) Granting and denial. The Council shall have the right to refuse any such permit if the Council shall determine that the granting of such permit will be contrary to the preservation of the public peace, safety, or welfare of the City or its inhabitants. If such permit is granted, the Council may impose such terms, conditions, and restrictions upon the operation, management, and conduct of such business, not in conflict with any paramount law, as the Council may deem necessary or expedient to protect the health, safety, or welfare of the City or its inhabitants. Any applicant for such permit shall be entitled to a hearing thereon before the Council upon a request therefor.

(c) Games and devices in establishments selling alcoholic beverages. The following provisions shall apply to the conducting, managing, or carrying on of any of the games or devices described in subsection (2) of subsection (a) of this section when conducted, managed, or carried on in connection with any establishment which sells alcoholic beverages for human consumption on the premises:

(1) Poolhalls. No permit shall be issued for the operation of a pool hall in connection with any establishment selling alcoholic beverages for human consumption on the premises.

(2) Pool games and game devices: Investigation fee. A permit for pool games or similar game devices, hereinafter sometimes called "games", may he issued only to the owner of an establishment in which such games are located, even though the game is owned by a different person or company, who holds a license, as distinguished from a permit, for such game. Any applicant for pool games or similar devices shall pay a non-refundable investigation fee in the amount of Five Hundred and no/100ths ($500.00) Dollars at the time such application is made for such permit, and an investigation shall then be made by the Chief of Police or his designated representative and a report shall be made by him to the Council before a permit may be issued. Such application shall include the specific proposed location of the game or device, and, if a permit is issued, such game shall not be removed from the approved location.

The Chief of Police shall make such investigation as he deems necessary of the proposed location of the game, the manner in which the game will be operated, the personnel who will be in immediate supervision of the premises, and a background investigation of the owner and/or manager of the establishment, it being the intent of the Council that the operation shall be conducted by responsible persons in a manner so as not to permit gambling on the game or in conjunction therewith.

If a permit is issued, such investigation fee shall cover the original application and any additional applications made by the permit holder for games or devices at the same location. If an application is denied by the Council, the applicant shall be entitled to renew his application within a period of ninety (90) days after such denial without the payment of an additional investigation fee. After such ninety (90) day period, an investigation fee shall be paid for any additional application by such person.

If a permit is issued and thereafter revoked by the Council, as set forth in subsection (d) of this section, then upon any request by the owner for reinstatement of the permit a new investigation fee in amount of Five Hundred and no/100ths ($500.00) Dollars shall be paid before such request may be considered.

Any permit issued hereunder shall be personal to the issuee only and shall not be transferred or assigned. In the event a corporation is the owner of the establishment and holder of the permit, if any capital stock of such corporation is transferred, then such permit shall be null and void, and continued operation of such game thereafter shall be a misdemeanor.

(d) Revocation. Every permit granted pursuant to the provisions of this section shall be granted and accepted by all parties receiving such permit with the express understanding that the Council may revoke such permit, or the order for the issuance thereof, at any time when it appears to the Council that any state of facts exists upon which it would be authorized to deny an application for such permit, or that the person to whom such permit was issued, or any of his agents, servants, or employees or any other person in charge of or employed about the business for which such permit was issued, has violated or has been convicted of violating any of the conditions of the permit or the provisions of this section or of any other law of the City or of the State regulating the business for which such permit was issued, or that the permit was obtained by fraudulent representation, or that the permittee is an unfit person to be trusted with the privileges granted by such permit or has conducted his business in an immoral or disorderly manner; provided, however, no permit shall be revoked without giving the permittee an opportunity to appear before the Council in his own behalf. On the revocation of the permit, no part of the money in the hands of the License Collector shall be returned, but if such license of any person is revoked for any cause, no new or other license for the same business shall be granted to the same person within six (6) months after the date of such revocation.

(e) Businesses not enumerated. The License Collector is hereby authorized and, at his discretion, may require that any applicant for a license pursuant to the provisions of this chapter shall first procure a permit to operate from the Council.

(f) Bowling lanes, poolrooms, and billiard rooms: Hours of operation. It shall be unlawful for a bowling lane, poolroom, or billiard room to operate between the hours of 2:00 am. and 7:00 a.m. daily.

(g) Advertising vehicles, roller derbys, and marathons. No license shall be granted to, and it shall be unlawful to operate in the City, any roller skating derby, walkathon, danceathon, or similar business or enterprise or any advertising vehicle.

(§ 4, Ord. 274, as amended by § 3, Ord. 316, § 1, Ord. 334, § 3, Ord. 579, § 1, Ord. 599, § 1, Ord. 71-85, eff. April 8, 1971, § 4, Urgency Ord. 85-291, eff. August 27, 1985, and § 4, Ord. 85-296, eff. November 21, 1985)

Any person who applies for a license as a peddler, solicitor, or itinerant vendor, regardless of whether or not any license tax is chargeable, shall be required to make a written application over his signature on forms provided by the City for a permit before a license may be issued. Such application shall state:

(a) The name and address of the applicant;

(b) The name and address of the person by whom employed, if any;

(c) The length of service of such applicant with such employer;

(d) The place of residence and nature of employment of the applicant during the period of at least the year just preceding;

(e) The nature of the goods or services to be offered by the applicant; and

(f) The personal description of the applicant.

The applicant shall also be required to furnish evidence of his identity of such character as the License Collector may require and shall also be required to furnish his fingerprints and thumbprints.

If the License Collector shall determine after a reasonable investigation that the applicant is of good moral character and proposes to engage in a lawful enterprise, the License Collector shall issue the permit required. In the event of any refusal on the part of the License Collector to issue the required permit, the applicant may appeal to the Council for a review of such matter. After a hearing thereon, the Council may grant or refuse the permit as in its judgment shall seem fit and proper.

(§ 4-a, Ord. 274, as amended by § 4, Ord. 316, and § 4, Ord. 579)

In all cases of doubt as to any applicant being entitled to an exemption from any license tax or from the application of any of the provisions of this chapter, the burden of establishing the right of such exemption shall be upon the applicant. All applications for an exemption in such cases shall be referred to the Council which shall consider and act upon the same and grant or refuse such exemption as in the use of its discretion it shall deem just. In the event the Council refuses an exemption, the applicant therefor shall be entitled to a hearing before the Council upon a request therefor, at which time the Council shall review the matter.

(§ 3-d, Ord. 274)

The provisions of Section 3-1.235 of Article 2 of this chapter, setting forth the license tax for solicitors and peddlers, shall not apply to blind persons engaged in the business of peddling blind-made products or soliciting therefor. A blind person, within the meaning of this section, shall mean a person having nor more than ten (10%) percent visual acuity in the better eye, with correction. Such blindness shall be certified by a licensed physician and surgeon who specializes in diseases of the eye, or by the Bureau of Vocational Rehabilitation of the Department of Education of the State, and the exemption provided by this section shall not apply until a certificate as to such blindness shall be furnished the Council. Applicants for free licenses pursuant to the provisions of this section shall make an application to the Council in writing for such permit. Such applicants shall also exhibit to the Council an affidavit stating that only blind-made products will be sold.

(§ 3.1, Ord. 274, as added by § 1, Ord. 409)

The provisions of this chapter shall not be deemed or construed to require the payment of a license tax to conduct, manage, or carry on any business, or require the payment of any license tax from any institution or organization which is conducted, managed, or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual, firm, or corporation; nor shall any license be required to conduct any entertainment, dance, concert, exhibition, or lecture on scientific, historical, literary, religious, or moral subjects whenever the receipts from the same are to be appropriated to any church or school, or to any religious or benevolent purpose within the City. Nothing contained in this chapter shall be deemed to exempt any such institution or organization from complying with the provisions of this chapter requiring such institutions or organizations to obtain a permit from the Council or a proper officer to conduct, manage, or carry on any business.

(§ 3, Ord. 274, as amended by § 1, Ord. 566)

Disabled war veterans shall be entitled to receive free licenses for peddling or soliciting provided such persons shall first make an application to the Council, in writing, for a permit therefor. The application shall state the disability of such veteran and show that such disability was incurred while such veteran was in the service of the United States. Such veteran shall also exhibit to the Council an honorable discharge from the United States service. The Council shall have the right to refuse to issue such permit if it is dissatisfied with the truth of the statements contained in the application or the authenticity of the discharge exhibited by such veteran. Applicants for a free license pursuant to the provisions of this section shall be required to comply with all the other provisions of this chapter pertaining to the licensing of peddlers and solicitors.

(§ 3-b, Ord. 274, as amended by Ord. 288)

No license shall be required of any individual who is a resident of the City for the peddling of vegetables, fruits, nuts, poultry, eggs, or foodstuffs when the same are raised, produced, or prepared by such resident within the City.

(§ 3-c, Ord. 274)

Every person claiming to be entitled to an exemption from the payment of any license tax provided for in this chapter upon the grounds that the imposition of such tax casts an unlawful burden upon his right to engage in commerce with foreign nations or among the several states, or conflicts with the regulation of interstate commerce by the United States, shall file a verified statement with the officer or employee of the City having charge of the collection of licenses. Such statement shall disclose the interestate or other character of the applicant's business entitling such exemption and shall further set forth the following information:

(a) The name and location of the person for which the orders are to be solicited or secured;

(b) The name of the nearest local or state manager, if any, and his address;

(c) The kind of goods, wares, merchandise, or services to be delivered or performed and the place from which the same are to be shipped or forwarded or the services performed;

(d) The method of solicitation or of taking orders;

(e) The location of any warehouse, factory, or plant within the State;

(f) The method of delivery;

(g) The name and location of the residence of the applicant; and

(h) Any other facts necessary to establish such claim of exemption.

A copy of the order blank, contract form, or other papers used by such person in taking orders shall be attached to the affidavit. If it appears that the applicant is entitled to such exemption, such applicant shall forthwith be issued a free license.

(§ 3-a, Ord. 274)

No license shall be required for the maintenance or operation of:

(a) Postage stamp machines; and

(b) Machines dispensing sanitary or hygienic articles, drinking cups, towels, or medicines, which machines are entirely owned and supplied by the owner or operator of the premises where installed and are maintained solely for the convenience of employees, visitors, or customers and not for profit to the owner or operator of the premises or to any other person.

(§ 3-e, Ord. 274, as added by § 2, Ord. 366)

Regardless of any other provision of this Code, no highway carrier license fee or highway carrier operating fee shall be imposed upon any express corporation, freight forwarder, motor transport broker, or any person or corporation owning or operating motor vehicles in the transportation for hire upon the public highways, under the jurisdiction of the Public Utilities Commission of the State.

(§ 1 (a), Ord. 70-80, eff. January 1, 1971)

The issuance of a license pursuant to the provisions of this chapter shall not entitle the licensee to engage in any business which for any reason is in violation of any law or of the provisions of this Code. Notwithstanding any provision of this Code, no person shall transact, perform, engage in or carry on in the City of Maywood any business, trade, profession, calling or occupation any business, operation or use that cannot be, or is not, conducted or carried out without being in violation of any federal, state, county or city law, ordinance or Code.

(Ord. 274, § 2-c; Ord. No. 10-04, § 5, 4-27-2010; Ord. No. 15-01, § 8, 7-8-2015)

All police officers of the City are hereby appointed inspectors of licenses and, in addition to their several duties as police officers, are hereby required to examine all places of business, wheeled vehicles, and persons liable to pay a license tax, and to see that such licenses are taken out, and shall have and exercise the following powers:

(a) To make arrests for the violation of any provision of this chapter; and

(b) To enter free of charge at any time any place of business for which a license tax is required by the provisions of this chapter and to demand the exhibition of the license certificate for the current term of any person engaged or employed in the transaction of such business, and, if such person shall then and there fail to exhibit such license certificate, such person shall be liable to the penalty provided for a violation of the provisions of this chapter.

It is hereby made the duty of all police officers of the City to cause complaints to be filed against all persons violating any of the provisions of this chapter.

The Chief of Police is hereby directed to carry into effect the provisions of this section.

(§ 7, Ord. 274, as amended by § 87, Ord. 316)

Engaging in business without first having procured a license from the City so to do, or without complying with any and all of the regulations for such business as contained in this chapter, shall be deemed a separate violation of the provisions of this chapter for each and every day such business is carried on.

(§ 2-a, Ord. 274)

Any person violating provisions of Section 3-1.102 (License—Required) shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with the provisions of Title 1, Chapter 2 of the Maywood Municipal Code.

(§ 3, Ord. 02-484, eff. February 12, 2002)