Section 13-22 Issuance of licenses.


    (a) Application. Every person required to procure a license under the provisions of any ordinance or law of the city shall submit an application for such license to the business license administrator. The application shall:

    (1)     Form of application. Be a written statement on forms provided by the business license administrator.

    (2)     Contents of application. Require the disclosure of all information necessary to comply with section 13-21 above, and of any other information which the business license administrator shall find to be reasonably necessary to the fair administration of this article.

    (3)     Payment of fees. Be accompanied by the full amount of the fees chargeable for such license.

    (4)     Application fee. The application shall be accompanied by payment of a fee in the amount of thirty dollars ( $30.00 ) plus a fee to cover costs incurred by the department of finance in obtaining the criminal record check required in subsection (b).

    (5)     Statement of gross receipts. Every person for whom a license is provided herein, the amount of which license is to be computed upon the annual gross receipts of such person, shall furnish the city with a correct statement in writing, showing the amount of such annual gross receipts, based on the preceding calendar or fiscal year, whichever is used for accounting purposes by the business or occupation for which a license is sought, which statement shall not be made public or used by the city except for the purpose of establishing a correct basis for fixing and collecting the amount of the license herein provided. All books of account showing the amount of such annual gross receipts shall be open to the inspection of the city officials charged with the duty of issuing the license herein provided and collecting for the same, and the issuance of any such license may be withheld until all the requirements have been filled.

    (b)     The department of finance shall obtain a criminal record check of the applicant. If the application is on behalf of a partnership, a criminal record check must be provided for each partner. If the application is on behalf of a corporation or limited liability company, a criminal record check must be provided for the officer, member or manager who will be in charge of the establishment for which the license is sought.

    ( c )     Issuance of Receipts. Whenever a license cannot be issued at the time the application for the same is made, the business license administrator shall issue a receipt to the applicant for the money paid in advance, subject to the following construction: such receipt shall not be construed as the approval of the business license administrator for the issuance of a license; nor shall it entitle or authorize the applicant to open or maintain any business contrary to the provisions of this article.

    ( d )     Renewal. The applicant for the renewal of a license shall submit an application for such license to the business license administrator. The application shall:

    (1)     Form of application. Be a written statement upon forms provided by the business license administrator.

    (2)     Contents. Require the disclosure of such information concerning the applicant's demeanor and conduct in the operation of applicant's business during the preceding licensing period as is reasonably necessary to the determination by the license administrator of the applicant's eligibility for a renewal license and to the possible adjustment of license fee.

    ( e )     Duplicate. A duplicate license or special permit shall be issued by the business license administrator to replace any license previously issued, which has been lost, stolen, defaced or destroyed without any wilful conduct on the part of the licensee, upon the filing by the licensee of an affidavit sworn to before a notary public of this state attesting to such fact and the paying to the business license administrator of a fee of one dollar ($1.00).

    ( f )     Denial. The business license administrator shall, upon disapproval of any application submitted under the provisions of this article, refund all fees (other than the investigation fee) paid in advance, to the applicant, provided the applicant is not otherwise indebted to the city if the applicant is indebted to the city, such fees tendered shall be delivered to the director of finance to be applied against such indebtedness.

    (1)     Compliance pending legal action. When the issuance of a license is denied and any action has been instituted by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused unless a license is issued to him pursuant to a judgment ordering the same.

    (2)     Appeal. Denial of a license by the business license administrator, may be appealed pursuant to the provisions of section 13-31(c).

    ( g )     Issuance requirement. Upon the approval of an application for license under this article by the business license administrator, and the receipt of all fees therefor, the license administrator shall issue to the applicant a license as described in the application.

 (Code 1964, §§ 11.070, 11.080(A); Ord. No, 10311, § 1, 9-17-84; Ord. No. 12060, § 1, 11-7-88; Ord. No. 19518, § 2, 5-7-07; Ord. No. 21799, § 2, 9-16-13 )


(Ord. 21799, Amended, 09/16/2013, Prior Text; Ord. 19518, Amended, 05/07/2007, Prior Text)