[HISTORY: Adopted by the City Council of the City of Mendota as indicated in article histories. Amendments noted where applicable.]
Article I Administrative Procedures and General Regulations
Article II Auctions
[Adopted as Ch. 31, §§ 31.01 through 31.18, of the 1998 Code]
Applications for all licenses and permits required by this Code shall be made in writing to the City Clerk 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, a background check is required, and each application shall contain such additional information as may be needed for the proper guidance of the City officials in the issuing of the permit or license applied for. Any person, corporation, firm, etc., involved in any business or activity requiring a license from the City shall make application and receive approval thereof, before engaging in said business.
Forms for all licenses and permits, and applications therefor, shall be prepared and kept on file by the City Clerk.
Each license or permit issued shall bear the signatures of the Mayor and the City Clerk in the absence of any provision to the contrary.
Upon the receipt of an application for a license or permit where an inspection or investigation is required before the issuance of such permit or license, the Clerk shall refer such application to the proper officer for making such investigation within 48 hours of the 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.
In the absence of provisions 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 Clerk. When a business is commenced after the expiration of part of the license year, an annual license for the balance of the year will be issued for a proportionate part of the annual fee. In the absence of provisions to the contrary, no unused license fees shall be recognized, nor shall license fee refunds be made.
All annual licenses shall terminate on the last day of the fiscal year where no provision to the contrary is made.
No license or permit shall be issued to any person indebted to the City unless and until such person pays to the City all indebtedness then due from such person or by authority of the City Council otherwise discharges all such indebtedness in accordance with the terms and conditions fixed by the City Council.
No licenses shall be issued for the conduct of any business and no permit 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 City. No such license or permit shall be issued for the conduct of any business or of any act which would involve a violation of any zoning regulation.
Licenses issued may be transferred by the original licensee, provided that written notice thereof is given to the City Clerk within 10 days before the transfer is made, and provided that the proposed transfer meets with the approval of the Mayor, but no more than one transfer of any license shall be made within the license year. It shall be unlawful to transfer any peddler's, itinerant merchant's, or chauffeur's license, and any attempted transfer of such a license shall have no effect.
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 Clerk, in the absence of any provision to the contrary; provided that the building, zoning and frontage consent regulations are complied with.
Whenever the consent of adjoining or neighboring owners is required as a prerequisite to the conduct of any business or occupation, or the location of any establishment, such consents must be obtained by securing the necessary signatures to a written consent petition. Such petition shall be filed with the City Clerk when signed.
Consents, once given and filed, shall not be withdrawn and such petitions need not be renewed for the continuous conduct of the same business, whether by the same proprietor or not, except where by law or ordinance it is otherwise provided. Frontage consents shall be renewed in each case after the expiration of three years from the time the same were last obtained.
Each consent, when filed, shall be accompanied by the affidavit of the person securing the signatures that each signature appearing thereon was properly secured and written on and that the petition contains the necessary number of signatures required.
The frontage consent requirements in this article shall not be construed as permitting the erection of a structure or building, or the conduct of a business, or the commission of any act in any location where such structure, building, business or act is or are prohibited by any ordinance of the City.
No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact.
Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required by this Code, or are reasonably necessary to secure compliance with any provision of this Code, 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 any authorized inspector thereto for the purpose of making such inspection at any reasonable time that admission is requested.
Whenever any analysis of any commodity or material is reasonably necessary to secure conformance with this Code or to detect violations thereof, it shall be the duty of any licensee whose business is governed by such provisions to give to any authorized officer or employee of the City 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 Mayor may revoke the license of any licensee in the City who refuses to permit any such officer or employee who is authorized to make such inspection to take such sample, to make inspection, or take an adequate sample of the desired commodity, or who interferes with such officer or employee while in the performance of his duty in making such inspection. 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 City, stating that such inspection or sample is desired at the time it is sought to make the inspection or obtain the sample.
Any license or permit for a limited time may be revoked by the Mayor at any time during the life of such license or permit for any violation by the licensee or permittee of the ordinance provision relating to the license or permit, the subject matter of the license or permit, or to the premises occupied. Such revocation may be in addition to any fine imposed.
It shall be the duty of any person conducting a licensed business in the City to keep his license posted in a prominent place on the premises used for such business at all times.
Whenever a surety bond to indemnify the City is required as a prerequisite to the issuance of a license or permit or the exercise of any special privilege, the surety on such bond shall be a corporation licensed and authorized to do business in this state as a surety company.
Whenever, in its opinion, additional sureties or an additional surety may be needed on any bond to indemnify the City against loss or liability because of the insolvency of the existing surety or sureties, or for any other reason, the City Council may order a new surety or sureties to be secured for such bond. If such new surety or sureties are not procured within 10 days from the time such order is transmitted to the principal on the bond, or his assignee, the Council shall declare the bond to be void, and thereupon, such principal or assignee shall be deemed to have surrendered the privilege of position as a condition of which the bond was required.
The City Clerk is authorized to accept payment of all fees and charges for licenses or permits and fines, and he shall turn them over to the City Treasurer forthwith.
Any person aggrieved by the action of any City official in denying, suspending or revoking a license or permit shall have the right to a hearing before the Council on any such action, provided a written request therefor is filed with the City Clerk within 10 days after receipt of the notice of such denial, suspension or revocation. The Council may grant such license or permit, or confirm any suspension or revocation, or reinstate any such license. The action taken by the Council after a hearing shall be final.
Any person violating the provisions of this article shall be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code.
[Adopted as Ch. 32, §§ 32.06 and 32.12, of the 1998 Code]
As used in this article, the following terms shall have the meanings indicated:
- Any person who sells real or personal property at public or private auction for another or for himself. Any person who sells his own real or personal property at a public or private auction is an auctioneer.
No person shall sell or attempt to sell at public or private auction in this City any real or personal property of any kind whatsoever (except under and by virtue of legal process or under and by virtue of a mortgage) without a license therefor.
Applications for such licenses shall be made to the City Clerk and shall be made in conformity with the general requirements of this Code relating to applications for licenses.
Fees for an auctioneer's license shall be set from time to time by the City Council.
An auctioneer's license shall not be transferred from one to another person.
All sales of property within the City by public outcry to the highest bidder, as well as the public offer of property at a price beyond its value, then lowering the price, or increasing the number of articles until someone accepts the property offered as a purchase shall be held and deemed as selling at auction.