Chapter 22 - Business Regulations
Division 1 - Licenses and Permits
SEC. 22.1-1 APPLICATION. Applications for all licenses and permits required by this Chapter shall be made in writing to the City Manager in the absence of provisions to the contrary. Each application shall state the name of the applicant, the permit or license desired, the location to be used, if any, the time covered and the fee to be paid; and each application shall contain such additional information as may be needed for the proper guidance of the Town officials in issuing the permit or license applied for. (Revised 4/7/72)
SEC. 22.1-2 PERSON SUBJECT TO LICENSE. Whenever in this Code a license is required for the maintenance, operation or conducting of any business or establishment, or for doing business or engaging in any activity or occupation, any person or corporation shall be subject to the requirement if, by himself or through an agent, employee or partner, he holds himself forth as being engaged in the business or occupation; or solicits patronage therefor, actively or passively; or performs or attempts to perform any part of such business or occupation in the Town.
SEC. 22.1-3 LICENSE YEAR. The license year for the Town shall begin on the first day of January and end on the last day of December of each year, unless such specific license designates a different period.
SEC. 22.1-4 FORMS. Forms for all licenses and permits and applications therefor shall be prepared and kept on file by the City Manager. (Revised 4/17/72)
SEC. 22.1-5 SIGNATURES. Each license or permit issued shall bear the signatures of the President of the Town Council and the City Manager in the absence of any provision to the contrary. (Revised 4/17/72)
SEC. 22.1-6 INVESTIGATIONS. Upon receipt of an application for a license or permit, where the ordinances of the Town necessitate an inspection or investigation before the issuance of such a permit or license, the City Manager shall refer such application to the proper officer for making such investigation within 48 hours of this time of such receipt. The officer charged with the duty of making the investigation or inspection shall make a report thereon, favorable or otherwise, within 10 days after receiving the application or a copy thereof. The Health Inspector shall make, or cause to be made, an inspection in regard to such licenses in the connection of the care and handling of food and the preventing of nuisances and the spread of disease, for the protection of health; the Building Commissioner shall make, or cause to be made, any such inspections relative to the construction of buildings or other structures. All other investigations, except where otherwise provided, shall be made by the Chief of Police or by some other officer designated by the City Manager. (Revised 4/17/72)
SEC. 22.1-7 FEES. In the absence of provision to the contrary, all fees and charges for licenses or permits shall be paid in advance at the time application therefor is made to the City Manager. When an applicant has not engaged in the business until after the expiration of part of the current license year, the license fee shall be pro-rated by quarters and the fee paid for each quarter, or fraction thereof, during which the business has been or will be conducted. Except as otherwise provided, all license fees shall become a part of the corporate fund. (Revised 4/17/72)
SEC. 22.1-8 TERMINATION OF LICENSES. All annual licenses shall terminate on the last day of December, where no provision to the contrary is made.
The City Manager shall mail all licensees of the Town a statement of the time of expiration of the license held by the licensee, if annual, three weeks prior to the date of such expiration. Provided, that a failure to send out such notice, or the failure of the licensee to receive it shall not excuse the licensee from the failure to obtain a new license, or a renewal thereof, nor shall it be a defense in an action for operation without a license. (Revised 4/17/72)
SEC. 22.1-9 BUILDING AND PREMISES. No license shall be issued for the conduct of any business, and no permit shall be issued for any thing or act, if the premises and building to be used for the purpose do not fully comply with the requirements of the Town. No such license or permit shall be issued for the conduct of any business or performance of any act which would involve a violation of the zoning ordinance of the Town.
SEC. 22.1-10 CHANGE OF LOCATION. The location of any licensed business or occupation, or of any permitted act, may be changed, provided 10 days notice thereof is given to the City Manager, in the absence of any provision to the contrary; provided that the building and zoning requirements of the ordinances are complied with. (Revised 4/17/72)
SEC. 22.1-11 NUISANCES. No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact.
SEC. 22.1-12 INSPECTIONS. Whenever inspections of a premises used for or in connection with the operation of a licensed business or occupation are provided for or required by ordinance, or are reasonably necessary to secure compliance with any ordinance provision, or to detect violations thereof, it shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit thereto for the purpose of making the inspection any officer or employee of the Town who is authorized or directed to make such inspection at any reasonable time that admission is required.
Whenever an analysis of any commodity or material is reasonably necessary to secure conformance with any ordinance provision, or to detect violations thereof, it shall be the duty of the licensee of the municipality whose business is governed by such provision to give any authorized officer or employee of the Town requesting the same, sufficient samples of such material or commodity for such analysis upon request.
In addition to any other penalty which may be provided, the President of the Town Council may revoke the license of any licensed proprietor of any licensed business in the Town who refuses to permit any such officer or employee who is authorized to make such inspection or take such samples to make the inspection, or take an adequate sample of the said commodity, or who interferes with such officer or employee while in the performance of his duty in making such inspection. Provided, that no license shall be revoked for such cause unless written demand is made upon the licensee or person in charge of the premises, in the name of the Town, stating that such inspection or sample is desired at the time it is sought to make the inspection or obtain the sample.
SEC. 22.1-13 REVOCATION. Any license or permit for a limited time may be revoked by the President of the Town Council or Board of Trustees at any time during the life of such license or permit for any violation by the licensee or permittee of the chapter provisions relating to the license or permit, or to the premises occupied; such revocation may be in addition to any fine imposed.
SEC. 22.1-14 POSTING LICENSE. It shall be the duty of any person conducting a licensed business in the Town to keep his license posted in a prominent place on the premises used for such business at all times.
SEC. 22.1-15 VEHICLE TAG. Whenever the number of vehicles used is the basis of a license fee, the City Manager, or his delegated assistant, shall furnish each licensee with a tag or sticker for each vehicle covered by the license, and such tag or sticker shall be posted in a conspicuous place on each such vehicle while it is in use. (Amended 4/17/72)
SEC. 22.1-16 PENALTY. Any person, firm or corporation violating any provision of this chapter shall be fined not less than $5.00 nor more than $200.00 for each offense. Each day that any such violation or failure continues shall be considered as a separate and distinct offense and shall be punishable as such. (Amended 6/3/02 by Ord. No. 4797)