It shall be unlawful for any person, firm or corporation, either as principal or agent or employee, to conduct, pursue carry on or operate any calling, trade, profession or occupation in the city without first paying the license fee prescribed and procuring such a license from the city clerk.
(Code 2012; Ord. 2017-01; Ord. 2017-08)
(a) Every person, firm or corporation desiring to do business in the city shall apply to the city clerk for a license to operate such business.
(b) An application for business license shall be made on a form generated by the city clerk, and shall include, but not be limited to, the following information:
(1) The name of the person, firm, or corporation seeking the license;
(2) If made in the name of a corporate entity, the name of the person responsible for operation of the business;
(3) The specific location and nature of the business;
(4) Whether application has been made to any other governmental agency for permission to conduct business in the same manner;
(5) The current zoning designation for the parcel of land upon which business will be conducted.
(c) No application for business license shall be considered without first having submitted the application fee. The business license application fee shall be set by the governing body and collected by the City Clerk. The application fee shall not be waived by any city official, and no refunds shall issue.
(Code 2012; Ord. 2017-01; Ord. 2017-08)
(a) When considering an application for business license under this Article, the city clerk shall be permitted to inquire of the applicant on all matters related to the application. Further, the city clerk may impose reasonable limits or terms as a condition of approval of an application and issuance of a business license, including deadlines or time restrictions related to said limits or terms. Said reasonable limits or terms should be imposed only to ensure the health, safety or general welfare of the public, or to ensure compliance with federal, state or municipal laws, regulations or codes. If an application is approved with certain stipulated limits or terms, the same shall be recorded by the city clerk.
(b) Upon approval, the city clerk shall issue to the applicant a license which shall be signed by the city clerk. Any limits or terms imposed upon the business license shall be set forth in writing on the business license. It shall be the duty of the city clerk to transfer the payment amount collected on each license issued to the city treasurer of the city.
(Code 2012; Ord. 2017-01; Ord. 2017-08)
(a) The city clerk may deny a business license application upon any of the following grounds:
(1) Fraud, misrepresentation, or false statement found in the application for license;
(2) A violation of any federal, state, or municipal law committed by the person making application, or by any director, officer, executive, or manager of the corporate entity making application, when such violation is inconsistent with conducting business in a manner that benefits the public;
(3) A violation of any restrictions or terms placed on a prior business license issued to the same person or entity, including any prior corporate entities with substantially similar ownership;
(4) A refusal of the applicant to stipulate to the limits or terms imposed by the city clerk as a condition of the issuance of the business license;
(5) The business, occupation, or activity for which the license is issued will conduct business in a manner that constitutes a threat to the health, safety or general welfare of the public;
(6) A prior failure to correct a public nuisance or applicable building, fire or zoning code violations after notice from a public official.
(b) If a license application is denied, including any denial made on the basis that the limits or terms imposed by the city clerk were refused by the applicant, the city clerk shall record the reasons for denial. The city clerk shall mail notice of any denial, including the grounds therefore, to the address submitted on the business license application.
(c) Any applicant whose application for a business license is denied shall have the right to appeal the denial to the governing body.
(d) An appeal under this section shall be requested by filing a written notice with the city clerk within fourteen (14) days of the applicant’s receipt of the written notice of the denial of the application.
(e) Upon receiving a notice of appeal pursuant to this section, the city clerk shall place the matter on the agenda of the next regular meeting of the governing body.
(f) An appeal made pursuant to this section shall be attended, governed and managed in the same manner as a revocation hearing described and set forth in Section 5-112. In addition, the governing body deciding any such appeal of a denial may impose its own limits or terms as a reasonable condition of the issuance of the business license consistent with Section 5-103(b).
(Code 2012; Ord. 2017-01; Ord. 2017-08)
No license granted by the city shall be assignable or transferable, and any license granted pursuant to this section shall be valid only as to the location and business activities approved in the issuance of the license. nor shall such license authorize any person to do business or act under it but the person named therein, nor at more than one place. There shall be no refunds except as specifically provided.
(Code 2012; Ord. 2017-01)
(a) Unless otherwise provided, business licenses shall become effective on the date of issuance by the city clerk, and shall expire upon any following occurrences:
(1) Revocation or termination by the governing body as provided by Section 5-112;
(2) The termination or cessation of business activities by the licensee;
(3) Sale or transfer of the business by the licensee;
(4) The expiration of ten (10) years after the date of issuance.
(5) Relocation of the business to an address different than what is identified on the original application.
(b) The licensee shall cease all business activities upon expiration of the license until the license is renewed consistent with Section 5-102.
(Code 2012; Ord. 2017-01; Ord. 2017-08)
No producer or grower, or his or her agents or employees, selling in the city, farm or garden products or fruits grown by him or her in the state shall be required to pay any license fee or occupation tax imposed by any law of this city, and he or she, his or her agents or employees, are hereby exempt from the payment of any such fees or taxes, or the securing of a license.
(K.S.A. 12-1617; Code 2012; Ord. 2017-01)
Unless otherwise provided all licenses shall be dated on the date of their issue, and shall state the name of the licensee, the kind of business the applicant desires to engage in and the location thereof, the amount paid, a description of any limits or terms of any conditions placed upon the issuance of the license, and date the license shall expire; and the licensee shall be authorized to carry on the business therein named.
(Code 2012;Ord. 2017-01; Ord. 2017-08)
The city clerk shall keep a book in which shall be entered the name of each licensee, the address of the licensee, the date of the license, the purpose for which it is granted, any limits or terms of any conditions placed upon the license, the amount paid therefore, and the date the same shall expire. Within 24 hours after any license has expired, the city clerk shall notify the chief of police of such expiration, unless the same has-been renewed.
(Code 2012; Ord. 2017-01; Ord. 2017-08)
All licensees doing business in a permanent location are required to have their license conspicuously displayed in their place of business, and all licensees without a permanent place of business are required to carry the license. Any licensee shall present the license for inspection when requested to do so by any officer of the city.
(Code 2012; Ord. 2017-01; Ord. 2017-08)
(a) The city clerk, or chief of police may issue an emergency suspension of any business license, for a period not to exceed thirty (30) days, upon any of the following findings:
(1) The discovery of fraud, misrepresentation, or false statement contained in the application for license;
(2) Conducting business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the city;
(3) The commission of a felony or the commission of a theft, fraud, false writing, or forgery by the licensee, or by any director, officer, executive, or manager of a corporate licensee;
(4) A violation of any restrictions or terms placed on the business license;
(5) A violation of any federal, state, or municipal law committed by the person making application, or by any director, officer, executive, or manager of the corporate entity making application, when such violation is inconsistent with conducting business in a manner that benefits the public;
(6) The licensee has failed to maintain the premises in a clean and orderly manner and have allowed the business premises to become blighted;
(7) The licensee has allowed the business to be used in furtherance of criminal activity;
(8) The licensee has failed to prevent or reasonably deter criminal activity on or immediately adjacent to the business premises; or
(9) The licensee has failed to maintain the business premises in a manner that complies with applicable building, fire, or zoning codes, or has otherwise failed to correct a public nuisance after notice from the requisite public official.
(b) Any licensee subjected to a suspension set forth herein shall immediately terminate business operations and be submitted for a revocation hearing before the governing body. The city official issuing the suspension shall notify the city clerk of the need for hearing, and the same shall be scheduled for the next public meeting of the governing body, but not more than thirty (30) days after the issuance of the emergency suspension.
(Ord. 2017-01; Ord. 2017-08)
(a) The governing body may revoke any business license issued pursuant to this Chapter upon any of the following findings:
(1) The discovery of fraud, misrepresentation, or false statement contained in the application for license;
(2) Conducting business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the city;
(3) The commission of a felony or the commission of a theft, fraud, false writing, or forgery by the licensee, or by any director, officer, executive, or manager of a corporate licensee;
(4) A violation of any restrictions or terms placed on the business license;
(5) A violation of any federal, state, or municipal law committed by the person making application, or by any director, officer, executive, or manager of the corporate entity making application, when such violation is inconsistent with conducting business in a manner that benefits the public;
(6) The licensee has failed to maintain the premises in a clean and orderly manner and have allowed the business premises to become blighted;
(7) The licensee has allowed the business to be used in furtherance of criminal activity;
(8) The licensee has failed to prevent or reasonably deter criminal activity on or immediately adjacent to the business premises; or
(9) The licensee has failed to maintain the business premises in a manner that complies with applicable building, fire, or zoning codes, or has otherwise failed to correct a public nuisance after notice from the requisite public official.
(b) Upon receiving notice of an emergency suspension or the existence of grounds for license revocation, the city clerk shall issue notice to the licensee, mailed to the address submitted on the license application, setting out the following particulars:
(1) The alleged violations supporting a suspension or revocation of the business license;
(2) The grounds for the violations;
(3) The date, time, and location of the hearing to consider the suspension or revocation;
(4) Advising the licensee of the right to be heard at the hearing; and
(5) Informing the licensee that revocation will be considered at the hearing.
(c) Any hearing conducted under this Section shall be attended by a quorum of the governing body, city attorney, and the city clerk. Any attendees with a direct interest in the license shall abstain from the hearing. The mayor shall preside over the hearing, and will take steps necessary to maintain orderly control over the hearing, including the institution of reasonable time limitations on presentations. The licensee shall be afforded the right to be heard on all matters relevant to the revocation, and inquiry of the licensee may be made by the governing body.
(d) After affording the licensee the right to be heard, the governing body shall vote by resolution as to whether to revoke the business license, impose reasonable limits or terms as conditions to the reinstatement of the business license consistent with Section 5-103(b), or reinstate the business license without conditions, pursuant to the voting procedures set forth in McLouth City Code 1-112. If the license is revoked, the grounds for the revocation shall be stated, and the city clerk shall record the grounds in the minutes. If reasonable limits or terms are imposed as conditions to the reinstatement of the business license, the city clerk shall record those limits or terms in the minutes. The city clerk shall mail notice of any revocation or reinstatement, the grounds for any revocation, any limits or terms imposed as a condition to the reinstatement, the date of effectiveness, using the address submitted on the business license application. If the license is not revoked by the governing body, any emergency suspensions shall be immediately lifted.
(Ord. 2017-01; Ord. 2017-08)