Chapter 4.04 — GENERAL PROVISIONS

• Editor's Note: Prior ordinance history: Prior code §§ 3.01 - 3.15, adopted by Ordinance No. 1603, and as amended by Ordinance Nos. 2389, 2566 and

(a) For the purpose of this title, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:

(1) "Cancellation" means that the license or permit is terminated without prejudice and that the holder immediately may apply for another license or permit. Cancellation of a license or permit may be made only when specifically authorized in this code or when a license or permit has been issued in error or voluntarily surrendered to the city.

(2) "Conviction" means the entry of a plea of guilty or nolo contendere to a crime, a forfeiture of bail for a crime, or a finding of guilty of, or a conviction of, a crime when the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal.

(3) "Invalidation" means that the license or permit has been adjudged invalid by a court of competent jurisdiction or is rendered invalid by operation of law.

(4) "Licensee" means a person licensed under any of the provisions of this title.

(5) "Permittee" means a person holding a permit under any of the provisions of this title.

(6) "Revocation" means that the license or permit is terminated with prejudice and that a new license or permit may not be obtained until the revocation period ends.

(7) "Suspension" means that the license or permit is temporarily withdrawn with prejudice and is reinstated when the suspension period ends.

(Ord. 2755 § 1 (part), 1973)

No person shall commence or engage in, act in the capacity of, advertise, or assume to act in any business, occupation, or activity for which a license or permit is required under this title until he has first obtained and paid for a license or permit therefor or when such license or permit has been cancelled, suspended, revoked, or invalidated or has expired.

(Ord. 2755 § 1 (part), 1973)

Application for a new or renewed license or permit shall be made to the officer or his designee specified under the provisions of the applicable chapter of this title, on the form provided by such officer.

(Ord. 2755 § 1 (part), 1973)

It shall be the duty of the officer to whom an application for a new or renewed license or permit is made to make such investigation of the applicant and the proposed business, occupation, or activity as such officer deems necessary for the protection of the public.

(Ord. 2755 § 1 (part), 1973)

Pending the approval or denial of an application for a new or renewed license or permit, the officer to whom application has been made may approve a no-fee temporary license or temporary permit for a period not to exceed three months if the circumstances warrant such action. Such temporary license or temporary permit shall be cancelled automatically and shall be invalid when the applicant's license or permit has been issued or the application therefor has been denied.

(Ord. 2755 § 1 (part), 1973)

(a) Issuance. Upon the approval by the appropriate officer of a regular, temporary, or probationary license or permit and upon the payment of any applicable fee, the treasurer or his designee shall issue and deliver to the applicant his license or permit. Such license or permit shall contain the following information:

(1) The name and address of the licensee or permittee;

(2) The name of the business or the trade name of any product represented by the license or permit;

(3) A description of the business, occupation, or activity engaged in;

(4) The address of the premises for which the license or permit is issued, if any;

(5) The date of issuance;

(6) The date the license or permit is effective;

(7) The date of expiration;

(8) The amount of the fee paid including penalties;

(9) The state vehicle license number and other identifying description of the vehicle if the business, occupation, or activity for which the license or permit is issued is conducted from or with such vehicle;

(10) When applicable, a designation that the license or permit is temporary or probationary.

(b) Records. The treasurer or his designee shall keep a record of all licenses and permits issued and all conditions attached thereto.

(Ord. 2755 § 1 (part), 1973)

(a) Term. A license may be issued for a term of one day, one quarter, or one year, as specified in this title, excepting temporary licenses which may be issued for any period of time up to three months. One-day licenses shall expire at midnight on the day for which they were issued. Unless otherwise specified in the provisions covering a particular license, quarterly licenses shall expire on March 31st, June 30th, September 30th, or

December 31st, and annual licenses shall expire on June 30th. Permits may be issued for the terms designated under the provisions of the applicable chapter of this title.

(b) Renewal. Every application for the renewal of a license or permit shall be made at least fifteen days prior to the expiration date of such license or permit.

(c) Credit. The treasurer shall collect the license or permit fee in full for the original term specified. If a quarterly or annual license is issued for less than three months or twelve months respectively, the treasurer, upon the renewal of such license, shall allow a pro rata credit for that period of time in the original term which preceded the date of issuance of the license or permit.

(Ord. 2755 § 1 (part), 1973)

(a) Debt to City. The amount of any license or permit fee imposed under any section of this title shall be deemed a debt owing to the city at the time of the commencement of the business, occupation, or activity requiring such license or permit fee and payment thereof.

(b) Delinquent Fees. All license and permit fees delinquent for thirty days or more shall be subject to a charge of fifty percent of the original fee, which charge shall be added to the amount of the fee collected; provided, however, the minimum charge shall be as set forth in the municipal fee schedule.

(Ord. 2960 § 4, 1976: Ord. 2755 § 1 (part), 1973)

Unless otherwise provided, no license or permit issued under the provisions of this title shall be assigned or transferred in any manner, nor does it authorize any person other than the one therein mentioned to engage in the business, occupation, or activity for which such license or permit was issued.

(Ord. 2755 § 1 (part), 1973)

Each person having obtained a license or permit under the provisions of this title shall forthwith exhibit the same as required by the provisions of the applicable chapter of this title or in a conspicuous public location in the place of business for which said license or permit is in effect. Any peddler, solicitor, or other person who has no established place of business in the city shall carry his license or permit and shall exhibit the same when so requested when engaged in the activity for which the license or permit was obtained.

(Ord. 2755 § 1 (part), 1973)

(a) Grounds. The ground or grounds for the denial of an application for a new or renewed license or permit or for the approval of a probationary license or permit shall be those specified in Section 4.04.140 of this chapter.

(b) Probationary License or Permit. If the officer to whom application has been made has cause to deny the application, then he shall approve a probationary license or permit, subject to conditions to be observed in the exercise of the privilege granted, when such a probationary license or permit is feasible and would not be detrimental to the public interest. The conditions shall be in the public interest, shall be suitable to the qualifications of the applicant as disclosed by the application or the investigation thereof, and shall be related to the cause existing for the denial of the application.

(c) Denial of License or Permit. If the officer to whom application has been made has cause to deny the application and determines that it would not be feasible or in the public interest to approve a probationary license or permit, then he shall deny the application.

(d) Transmittal of Decision. The decision either to issue a probationary license or permit or to deny the application shall be given to the applicant in writing, setting forth specifically the ground or grounds upon which the decision is based, the pertinent code section or sections, and a brief statement of the factual matters in support thereof. The decision shall be mailed, postage prepaid, addressed to the applicant at his last known address, or it shall be delivered to the applicant personally.

(e) Appeal to City Manager. Within ten days from the deposit of the decision in the mail or from its receipt by the applicant, whichever occurs first, the applicant may appeal in writing to the city manager, setting forth with particularity the ground or grounds for the appeal.

(f) Hearing on Appeal. The city manager shall set a time and place for the hearing on the appeal not later than ten days from the date the appeal was received by the city manager. The hearing shall be conducted in accordance with the provisions of this chapter.

(g) Disposition of Appeal. After the hearing on the appeal, the city manager may refer the matter back to the originating officer for a new investigation and decision, may affirm the decision of the originating officer, may approve a probationary license or permit as provided in this section, or may approve the application with no conditions. The decision of the city manager shall be final.

(h) Vehicles for Hire. This section shall not apply to driver's permits for vehicles for hire.

(Ord. 2755 § 1 (part), 1973)

An applicant whose application for a new or renewed license or permit has been denied may reapply for such license or permit after a period of not less than one year has elapsed from the date such denial was deposited in the mail or received by the applicant, whichever occurs first. An earlier reapplication may be made if accompanied by satisfactory evidence that the ground or grounds for the denial of the application no longer exist.

(Ord. 2755 § 1 (part), 1973)

(a) Grounds. The ground or grounds for disciplinary action against a licensee or permittee shall be those specified in Section4.04.140 of this chapter.

(b) Notice of Hearing. A notice of the hearing shall be given to the licensee or permittee by the city manager in writing, setting forth the time, and place of the hearing, the ground or grounds upon which the hearing is based, the pertinent code section or sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the licensee or permittee at his last known address, or it shall be delivered to the licensee or permittee personally, at least ten days prior to the hearing date.

(c) Hearing Procedure. The hearing shall be conducted in accordance with the provisions of this chapter.

(d) Suspension Prior to Hearing. Whenever the city manager finds that the public health or safety requires it, he immediately may suspend any license or permit pending a hearing or a notice of a hearing upon twenty-four hours' written notice served in the same manner as the notice of the hearing.

(e) Disposition of the Case.

(1) Disciplinary Action. If the city manager, after the hearing, finds that cause exists for disciplinary action, he shall impose one of the following:

(A) A warning;

(B) A revocation of the license or permit and approval of a probationary license or permit;

(C) Suspension of the license or permit for a specified period not to exceed six months;

(D) Revocation of the license or permit for a specified period not to exceed five years.

(2) Transmittal of Decision. Within ten days of the hearing the city manager shall render his opinion in writing, stating his findings and the action taken, if any. This opinion shall be mailed, postage prepaid, to the licensee or permittee at his last known address, or delivered to the licensee or permittee personally.

(f) No Appeal. The decision of the city manager shall be final.

(g) Vehicles for Hire. This section shall not apply to driver's permits for vehicles for hire.

(Ord. 2755 § 1 (part), 1973)

(a) An application for a license or permit may be denied, a probationary license or permit may be denied and a licensee or permittee may be subjected to disciplinary action for any of the following causes arising from the acts or omissions of the applicant, licensee, or permittee either before or after the license or permit is issued or of his employee or agent:

(1) Fraud, misrepresentation, or false statement in applying for a new or renewed license or permit;

(2) Fraud, misrepresentation, or false statement in conducting a business or occupation;

(3) Any relevant violation of this code;

(4) Conviction of any crime within the past five years where the trait shown is inconsistent with carrying on the business, occupation, or activity for the benefit of the public;

(5) Conducting the business, occupation, or activity for which the license or permit is issued in an unlawful, unjust, or inequitable manner;

(6) Conducting the business, occupation, or activity for which the license or permit is issued in a manner determined to constitute an immediate threat or menace to the health or safety of the public. Failure to correct objectionable conditions constituting a public nuisance within a reasonable time after lawful notice from a governmental entity shall be prima facie proof thereof;

(7) Failure to abide by the disciplinary action imposed by the appropriate city officer;

(8) Being committed or adjudged insane, mentally ill, or incompetent by a court of competent jurisdiction until a subsequent adjudication of competency or restoration to capacity.

(Ord. 3947 § 3, 1990: Ord. 2755 § 1 (part), 1973)

All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine any witnesses against them. Any hearing under this title may be continued for a reasonable time for the convenience of a party or a witness.

(Ord. 2755 § 1 (part), 1973)

No refund or rebate of a license or permit fee shall be allowed by reason of the fact that the licensee or permittee discontinues the activity prior to the expiration of the term or that the license or permit is suspended or revoked prior to the expiration of the term.

(Ord. 2755 § 1 (part), 1973)

The suspension, cancellation, invalidation, or expiration of a license or permit issued under this title shall not prevent any proceedings to investigate such license or permit, any action to revoke or suspend such license or permit, any disciplinary proceeding against such licensee or permittee, or any disciplinary action against such licensee or permittee.

(Ord. 2755 § 1 (part), 1973)

In the event that a license or permit issued under the provisions of this title is cancelled, suspended, revoked, or invalidated, the licensee or permittee shall forward it to the officer who issued it not later than the end of the third business day after notification of such cancellation, suspension, revocation, or invalidation.

(Ord. 2755 § 1 (part), 1973)

(a) Every person claiming to be entitled to exemption from payment of any license or permit fee provided for in this title on the ground that such fee casts a burden upon his right to engage in commerce with foreign nations or among the several states shall file an affidavit or a declaration under penalty of perjury with the treasurer or his designee describing the interstate or other character of his business which entitled him to such exemption. Such affidavit or declaration shall contain:

(1) Name and location of the company or firm for which orders are to be solicited;

(2) Name and address of the nearest local or state manager;

(3) Kind of goods, wares or merchandise to be delivered and the place from which the goods are to be shipped or forwarded;

(4) Method of solicitation or taking orders;

(5) Location of any warehouse, factory, or plant within the state;

(6) Method of delivery;

(7) Name and residence of the applicant;

(8) Any other information which the applicant has bearing on his claim of exemption.

(b) A copy of the order blank, contract form, or other papers used by the applicant in taking orders shall be attached to the affidavit.

(c) A service charge as set forth in the municipal fee schedule shall be charged for processing such application and shall be paid at the time of filing the affidavit.

(d) No such applicant shall receive the license or permit without payment of the license or permit fee provided for in this title unless a certificate of exemption first has been issued to the applicant by the treasurer. In the event the treasurer refuses to issue such certificate, the applicant may, within ten days after such refusal, appeal to the city manager, who shall hear his appeal in accordance with the procedure set forth in this chapter governing the refusal of licenses.

(Ord. 2960 § 5, 1976: Ord. 2755 § 1 (part), 1973)

Unless otherwise expressly provided, no license or permit shall be required of any person conducting any business, occupation, or activity which is carried on wholly for charitable, education, fraternal, political, recreational, or religious purposes and from which profit is not derived, directly or indirectly, by any individual, firm or corporation. Solicitations for a contribution of funds for a charitable, political, religious, educational, community, recreational or similar nonprofit purpose shall be subject to Chapter 4.30, but shall not be subject to other provisions of this title.

(Ord. 3368 § 1, 1982: Ord. 2755 § 1 (part), 1973)