Section 13-20 Application of regulations.


    (a) License required. It shall be unlawful for any person, either directly or indirectly, to conduct any business or nonprofit enterprise, or to use in connection therewith any vehicle, premises, machine or device in whole or in part, for which a license or permit is required by any law or ordinance of this city, without a license or permit therefor being first secured and kept in effect at all such times as required by this article or other law or ordinance of this city.

    (b) Special sales. This article shall apply to all business in the nature of special sales for which a license is required by any law or ordinance of this city; and it shall be unlawful for any person, either directly or indirectly, to conduct any such sale except in conformity with the provisions of this article.

    (1)    One act constitutes doing business. For the purpose of this article, any person shall be deemed to be in business or engaged in nonprofit enterprise, and thus subject to the requirements of subsections (a) and (b) of this section, when he does one act of:

        a.    Selling any goods or services.

        b.    Soliciting business or offering goods or services for sale or hire.

        c.    Acquiring or using any vehicle or any premises in the city for business purposes.

    (2)    Agents responsible for obtaining license. The agents or other representatives of nonresidents, who are doing business in this city, shall be personally responsible for the compliance of their principals, and of the businesses they represent, with this article.

    (3)    Separate license for branch establishments. A license shall be obtained in the manner prescribed herein for each branch establishment or location of the business engaged in, as if each such branch establishment or location were a separate business; provided that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this article shall not be deemed to be separate places of business or branch establishments.

    (4)    Joint license. Every person engaged in more than one related occupation, where all such occupations are operated as one business under the same management and at the same location, may pay one license fee on the gross receipts of the combined occupations for all such occupations licensed. This may also apply in the case of contractors who may engage in more than one type of contracting where the fee rate is the same; except, that in all cases, the computation of fee shall be based on the occupation with the highest maximum fee.

    (5)    No license required for mere delivery. No license shall be required of any person for any mere delivery in the city of any property purchased or acquired in good faith from such person at a regular place of business outside the city where no intent by such person is shown to evade the provisions of this article.

    (6)    Special permits to nonprofit enterprises. The business license administrator will issue special permits without the payment of any license fees or other charges therefor to any person or organization for the conduct or operation of a nonprofit enterprise, either regularly or temporarily, when he finds that the applicant operates without private profit, for a public, charitable, educational, literary, fraternal, civic or religious purpose.

    (7)    Procedure concerning special permits.

        a.    Application for special permit: An applicant for a special permit shall submit an application therefor to the business license administrator, upon forms prescribed by the administrator, and shall furnish such additional information and make such affidavits as the administrator shall require

        b.    Special permits must conform: A person or organization operating under a special permit shall operate his nonprofit enterprise in compliance with this article and all other applicable rules and regulations, except as provided herein.
    
    (c)       Garage sales.  

(1)    No more than two garage sales may be conducted at any dwelling in a calendar year. However, a third garage sale may be conducted at a dwelling if the sale is conducted by a resident who is moving from the dwelling or by the estate or heir of a person who died while living at the dwelling.

(2)    No more than two garage sales may be conducted at any nonresidential use located in a residential zoning district.

    (3)    No garage sale shall be conducted between 8:00 p.m. and 7:00 a.m.  No garage sale shall last for
        more than three (3) days.

(4) No food shall be served at a garage sale without the required permit from the Health Department.

(5)  A garage sale shall not be used to sell items purchased for resale.

(6)  It shall be unlawful for any person to advertise, conduct or permit to be conducted, any garage sale in violation of this section.

(Code 1964, § 11.040; Ord. No. 10790, § 1, 11-18-85; Ord. No. 16432, § 1, 5-1-00)


(Ord. 16432, Amended, 05/01/2000, Prior Text)