§ 110.01 SHORT TITLE.

This chapter shall be known and may be cited as the “General Licensing Ordinance of the Town of Talala” or “this chapter.”

(Ord. 2020-05, passed 6-9-2020)

§ 110.02 SCOPE.

It is not intended by this chapter to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances. Where this chapter imposes a greater restriction upon persons, premises, or personal property than is imposed or required by such existing provisions of law, ordinance, contract, or deed, the provisions of this chapter shall control.

(Ord. 2020-05, passed 6-9-2020)

§ 110.03 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUSINESS. All kinds of vocations, occupations, professions, enterprises, establishments, and all other kinds of activities and matters, together with all devices, machines, vehicles, and appurtenances used therein, and of which are conducted for private profit or benefit, either directly or indirectly, on any premises in the town, or anywhere else within its jurisdiction.

LICENSE OR LICENSEE. Respectively, the words “permit” or “permittee” or the holder for any use or period of time of any similar privilege, wherever relevant to any provisions of this chapter or other law or ordinance.

PERSON. Individual natural persons, partnerships, joint adventures, societies, associations, clubs, trustees, trusts, or corporations; or any officers, agents, employees, factors, or any kind of personal representations of any thereof, in any capacity, acting either for himself or herself, or for any other person, under either personal appointment or pursuant to law.

PREMISES. All lands, structures, places, and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to, or is otherwise used in connection with, any such business conducted on such premises.

(Ord. 2020-05, passed 6-9-2020)

§ 110.04 LICENSE REQUIRED; APPLICATION; EXEMPTION.

(A) License or permit required. It is unlawful for any person, either directly or indirectly, to conduct any business or nonprofit enterprise without a license or permit therefor being first procured and kept in effect at all such times as required by this chapter or other law or ordinance of the town.

(B) Application for special permit. An applicant for a special permit shall submit an application therefor to the Town Clerk/Treasurer upon forms prescribed by the Clerk/Treasurer and shall furnish such additional information and make such affidavits as the Clerk/Treasurer shall require.

(C) Exemption; nonprofit organization. The Town Clerk/Treasurer shall 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 or she finds that the applicant operates, without private profit, for a public, charitable, educational, literary, fraternal, or religious purpose.

(Ord. 2020-05, passed 6-9-2020) Penalty, see § 110.99

§ 110.05 LICENSE FEE.

License fees shall be in the amounts set by resolution of the Town Board of Trustees from time to time.

(Ord. 2020-05, passed 6-9-2020)

§ 110.06 ISSUANCE AND TERM OF LICENSE.

The Town Clerk/Treasurer shall collect all license fees and shall issue licenses in the name of the town to all persons qualified under the provisions of this chapter and shall use such forms as adopted by the Town Board of Trustees. Such license shall expire no later than one year after issuance or on June 30 of each year, unless otherwise provided.

(Ord. 2020-05, passed 6-9-2020)

§ 110.07 QUALIFICATION OF APPLICANT.

The general standards herein set out relative to the qualifications of every applicant for a town license shall be considered and applied by the Town Clerk/Treasurer. The following are required.

(A) History of applicant. The license history of the applicant, and whether such person, in previously operating in this or another state under a license, has had such license revoked or suspended, the reasons therefor, and the demeanor of the applicant subsequent to such action.

(B) Indebtedness to town. The applicant shall not be in default under the provisions of this chapter or indebted or obligated in any manner to the town, except for current taxes.

(C) Compliance with zoning regulations. The applicant shall verify that the proposed use of any premises is not in violation of town zoning regulations.

(Ord. 2020-05, passed 6-9-2020)

§ 110.08 PROCEDURE FOR ISSUANCE OF LICENSE.

(A) Application for license. Every person required to procure a license under the provisions of any ordinance or law of the town shall submit an application for such license to the Town Clerk/Treasurer. The application shall:

(1) Be a written statement upon forms provided by the Town Clerk/Treasurer; such form shall include an affidavit, to be sworn to by the applicant before a notary public of the state;

(2) Require the disclosure of all information necessary for compliance with § 110.07 and of any other information which the Town Clerk/Treasurer shall find to be reasonably necessary to the fair administration of this chapter; and

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

(B) Renewal application. The applicant for the renewal of a license shall submit a renewal application for such license, together with the license fee, to the Town Clerk/Treasurer.

(C) Duplicate license or permit. A duplicate license or special permit shall be issued by the Town Clerk/Treasurer to replace any license previously issued which has been lost, stolen, defaced, or destroyed upon the paying to the Town Clerk/Treasurer of a duplicate license fee.

(D) Denial of license; appeal. The Town Clerk/Treasurer shall, upon disapproving any application submitted under the provisions of this chapter, place the matter on the next agenda of the Town Board of Trustees, where the applicant may appeal from the denial.

(Ord. 2020-05, passed 6-9-2020)

§ 110.09 CONTENTS OF LICENSE.

Each license issued hereunder shall state, at a minimum, upon its face the following:

(A) The name of the licensee and any other name under which such business is to be conducted;

(B) The kind and address of each business so licensed;

(C) The amount of license fee therefor;

(D) The dates of issuance and expiration thereof; and

(E) Such other information as the Town Clerk/Treasurer shall determine.

(Ord. 2020-05, passed 6-9-2020)

§ 110.10 DUTIES OF LICENSEE.

Every licensee under this chapter shall:

(A) Permit all reasonable inspections of his or her business by public authorities so authorized by law;

(B) Ascertain and at all times comply with all laws and regulations applicable to such licensed business;

(C) Avoid all forbidden, improper, or unnecessary practices or conditions which do or may affect the public health, morals, or welfare;

(C) Refrain from operating the licensed business on premises after expiration of his or her license and during the period his or her license is revoked or suspended;

(D) Post and maintain such license upon the licensed premises in a place where it may be seen at all times; and

(E) Not loan, sell, give, or assign to any other person or allow any other person to use or display, or to destroy, damage, or remove, or to have in his or her possession a license or insignia which has been issued to the licensee.

(Ord. 2020-05, passed 6-9-2020)

§ 110.11 ENFORCEMENT, INSPECTIONS.

(A) Persons authorized to inspect. The following persons are authorized to conduct inspections in the manner prescribed herein.

(1) The Town Clerk/Treasurer or other town employee shall make all investigations reasonably necessary to the enforcement of this chapter.

(2) The Town Clerk/Treasurer shall have the authority to order the inspection of licensees, their businesses, and premises by all town officials having duties to perform with reference to such licensees or businesses.

(3) All police officers shall inspect and examine businesses located within their respective jurisdictions or beats to enforce compliance with this chapter.

(B) Enter premises for inspection. All persons authorized herein to inspect licensees and businesses shall have the authority to enter, with or without search warrant, at all reasonable times, the following premises:

(1) Those for which a license is required;

(2) Those for which a license was issued and which, at the time of inspection, are operating under such license; and

(3) Those for which the license has been revoked or suspended.

(C) Report violations. Persons inspecting licensees, their businesses, or premises as herein authorized shall report all violations of this chapter or of other laws or ordinances to the Town Clerk/Treasurer and shall submit such other reports as the Town Clerk/Treasurer shall order.

(Ord. 2020-05, passed 6-9-2020)

§ 110.12 REVOCATION OF LICENSE OR PERMIT; HEARING.

Any license or permit, for a limited time, may be revoked by the Town Clerk/Treasurer during the life of such license or permit for the violation by the licensee or permittee of any provision relating to the license or permit, the subject of the license or permit, or the premises occupied; such revocation may be in addition to any fine imposed. The Town Clerk/Treasurer shall be authorized to summarily order the cessation of business, the closing of the premises, and the suspension of any business license or permit for a period not to exceed 15 days.

(A) Hearing. Within ten days after the Clerk/Treasurer has so acted, the Town Clerk/Treasurer shall call a hearing for the purpose of determining whether or not the license or permit should be revoked.

(B) Notice of hearing. Notice of hearing for revocation of a license or permit shall be given in writing setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be sent to the licensee or permittee by certified mail at his or her last known address or personally served at least five days prior to the date of the hearing.

(C) Hearing procedures. At the hearing, the licensee or permittee shall be permitted counsel and shall have the right to submit evidence and cross examine witnesses. The Town Board of Trsutees shall render the decision and recommendation.

(D) Causes for revocation. Business licenses and permits issued under the provisions of this code, unless otherwise provided, may be revoked by the Town Clerk/Treasurer after notice and hearing as provided in divisions (B) and (C) above for any of the following causes:

(1) Any fraud, misrepresentation, or false statement contained in the application for the license or permit;

(2) Any violation by the licensee or permittee of ordinance provisions or state law relating to the license or permit, the subject matter of the license or permit, or the premises occupied;

(3) Conviction of the licensee or permittee of any felony or of a misdemeanor involving moral turpitude;

(4) Failure of the licensee or permittee to pay any fine or penalty owing to the town; and/or

(5) Refusal to permit an inspection or investigation or any interference with a duly authorized town officer or employee while in the performance of his or her duties in making such inspections, as provided in this chapter.

(Ord. 2020-05, passed 6-9-2020)

§ 110.13 APPEAL PROCEDURE.

(A) Right to appeal. Any applicant aggrieved by the refusal of the town to issue a license or permit or by the revocation of a license or permit shall have the right to appeal the town’s decision to the Town Board of Trustees. Such appeal shall be requested by submitting a written request to the Town Clerk/Treasurer within five days of the action of the town which is appealed.

(B) Board consideration. The Town Board of Trustees shall consider the appeal at its next regularly scheduled meeting, at which time the applicant shall be entitled to present his or her appeal orally or in writing. The Town Board of Trustees shall act on the appeal within seven days of the hearing and shall either uphold the action of the Clerk/Treasurer or shall direct the issuance of a license or permit which the town has denied, or the reissuance of a license or permit which the town had revoked.

(Ord. 2020-05, passed 6-9-2020)

§ 110.99 PENALTY.

Any person violating the provisions of this chapter shall, upon conviction, be punished as provided in § 10.99 of this code.

(Ord. 2020-05, passed 6-9-2020)