[HISTORY: Adopted by the City Council of the City of Mendota
as indicated in article histories. Amendments noted where applicable.]
[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.
A.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
[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.[1]
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.
