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5.04.050. Procedure for issuance of license

            (1)        Formal application required.  Every person conducting or operating, or intending to conduct or operate, a business or nonprofit enterprise shall apply to the City license officer for a license to do so.  The application shall be in writing, upon forms provided by the license officer and shall be sworn to by the applicant.  The form shall require the disclosure of all information necessary to enable the license officer to determine whether the applicant is qualified under the provisions of Section 5.04.040 and shall disclose any other information which the license officer shall find to be reasonably necessary to the effective administration of this Chapter.  Fees for all licenses for which application is made shall be paid at the time of application.

            (2)        Duplicate license procedure.  A duplicate license or special permit shall be issued by the license officer to replace any license previously issued which has been lost, stolen, defaced, or destroyed without any willful conduct on the part of the licensee, upon the filing by the licensee of a sworn statement attesting to such fact, and the payment of a fee.

            (3)        Supplemental license procedure.  When a licensee's status changes, as provided for in Section 5.04.080, the license officer shall issue a supplemental license upon receiving the prorated fee.

            (4)        Nonapproval of license.  The license officer shall, upon disapproving any application submitted under this Chapter, refund to the applicant all refundable fees paid in advance provided the applicant is not otherwise indebted to the City.  No applicant shall engage in a business for which a license has been refused during the pendency of any action instituted by the applicant to compel the issuance of such license, except pursuant to an order of a court of competent jurisdiction.  Written notice of disapproval setting forth the reasons therefor shall be given to the applicant.

            (5)        Hearing.  Any person whose application for license has been disapproved may within ten (10) days of notice thereof submit a written request for hearing to the license officer.  The license officer shall thereupon fix the time for, give written notice of, and hold a hearing within seven (7) days of receipt of the request for hearing.

            The deposit of the notice in the United States Mail addressed to the person affected and with postage prepaid, shall constitute personal service of the written notice.

            (6)        Appeal.  Any person aggrieved by the decision of the license officer after hearing shall have the right to appeal to the City Manager by filing a written appeal with the license officer within ten (10) days following the effective date of the action or decision complained of.  A time for hearing shall be fixed and not less than five (5) days notice thereof shall be given to the appellant.  Following the hearing the City Manager shall make and enter findings of fact and an order, and said decision shall be final and conclusive and shall be served upon the appellant personally or by mail.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-18, Amended, 4/17/1997
Ord. No. 08-44, Amended, 9/18/2008

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