[Amended 5-22-1972 by Ord. No. 2-1972; 7-17-1972 by Ord. No. 25-1972; 4-23-1973 by Ord. No. 17-1973]
No person shall manage, conduct or operate the
business of keeping a lodging house, boardinghouse, nursing home,
child-care center or drug center, referred to in this Part 4 as "establishments
subject to licensing," without first securing a license therefor within
the time and manner provided, nor shall any owner permit on premises
owned by him the operation of such an establishment without a license.
The application for a license required by this
article shall be made in quadruplicate to the City Clerk on forms
prescribed by the Public Officer, which forms shall require information
concerning occupancy standards, including the number of rooms to be
used for sleeping; the maximum number of persons which each room in
the establishment itself can accommodate; the location of all such
rooms; types and location of bathrooms, exits and other facilities;
names and addresses of all persons who will actually be in charge
of the management or conduct of the establishment; whether such establishment
is equipped to accommodate persons who are disabled or persons who
require special care; and such further data as may be required for
the enforcement of this chapter. All applications shall be accompanied
by the required fees. Where the applicant seeks a license for an establishment
based on a claim that the same constitutes a lawful nonconforming
use, the applicant shall state in the application the name and address
of the owner and operator of the premises; the date when the use,
by reason of the zone change or variance, first became nonconforming;
and the number of rooms and number of roomers as of that date. The
application shall be signed by the owner as well as the operator and
shall contain a certification of the truth of the information contained
therein by both owner and operator. Any false information shall constitute
a violation of this chapter and, in addition, grounds for revocation
of any license approved pursuant thereto. Any false information rendered
knowingly and intentionally may, upon complaint of the Public Officer,
subject the party rendering it to criminal prosecution.
Upon filing of an application for a license pursuant to this Part 4, the City Clerk shall transmit one copy to the Public Officer, one copy to the Fire Chief and one copy to the Health Officer. The original shall be kept on file at all times in the City Clerk's office. Inspection of the premises for compliance with this chapter, this Code and any other ordinances of the City or laws of the state shall be conducted in accordance with the regulations of the Public Officer. Upon completion of inspections, if the Public Officer shall determine and certify to the City Clerk that the premises are in compliance, then the license shall issue forthwith; provided, however, that if action of the Board of Adjustment is required under the Zoning Ordinance, no license shall issue except in accordance with the provisions of Chapter 51, Land Use.
Notwithstanding the provisions of § 159-164, the Public Officer may refuse to certify an application for a license pursuant to this Part 4 where the operator or any person who shall be in active management of the premises shall be unfit to perform the duties thereof by reason of a record of convictions of a crime or offense involving moral turpitude, gambling or prostitution, alcoholism, illegal possession or use of drugs or narcotics, or shall be a known carrier of a communicable disease or otherwise physically or mentally unfit or unsuited by similar or equivalent circumstances for active management of the premises.
If the Public Officer shall determine that the applicant for a license pursuant to this Part 4 has failed to meet the requirements of this chapter, the requirements of the Board of Health or of this Code or any other ordinance of the City or laws of the state, or that the applicant is unqualified pursuant to § 159-165, or upon any suspension, revocation or failure to renew a license, the Public Officer shall send a written notice to the applicant, setting forth his reasons therefor. The applicant may thereupon correct any violation and apply for reinspection upon the payment of $50 as a reinspection fee or submit a written request for a hearing to the Public Officer, in which request the applicant shall state the facts on which he will base his contention that the Public Officer's determination was in error. The Public Officer shall, within 30 days from the receipt thereof, provide upon a minimum of five days' notice to the applicant a hearing and render a decision thereon within 10 days thereafter. Where the violation is of a regulation of the Board of Health, the hearing shall be before the Health Officer. The Public Officer (or, where applicable, the Health Officer) may in such decision affirm or reverse a previous determination or modify his determination and agree to approve the application or terminate the suspension or revocation upon compliance with specified conditions.
The applicant for a license pursuant to this
Part 4 shall not be entitled to any refunds of any fees by reason
of the rejection of the application, the suspension or revocation
of any license or the transfer of ownership or operation of premises
prior to the termination of the license period.
Except as otherwise provided in this chapter,
the term of a license issued pursuant to this article shall be for
one year, from June 1 to May 31 of the next succeeding year, and such
license is renewable annually.
Any license issued pursuant to this Part 4 shall
cover only the number of occupants and that part of the premises described
in the application therefor. Any increase in rooming units or in the
number of roomers to be accommodated or of the part of the premises
utilized as a lodging house, or other structural changes affecting
the data contained in the application or change in the person or persons
actually in charge of operating or maintaining the premises, shall
require the submission and filing of an amended application containing
the additional information as required by the Public Officer.
The license issued pursuant to this Part 4 shall
be nontransferable, and no person other than the licensee shall operate
or be permitted by the owner to operate the licensed premises. Where
there is to be a change of ownership or operation, application shall
be made for a new license.
Any licensee pursuant to this Part 4 shall display
the license in the vestibule, front hallway or other prominent and
public place at or near the front entrance of the building during
the entire period for which the license is issued.
The issuance of a license pursuant to this Part 4 shall constitute a certification that the premises as of the date of issuance complies with this chapter, but shall not be construed to constitute a certification that the premises complies with any other part of this Code or any other ordinance of the City nor any state law, nor shall it relieve any other official or public agency from enforcing any applicable ordinance or law.
Upon determining that the premises is in violation of this chapter, regulations of the Board of Health, this Code or any other ordinances of the City or the laws of the state at any time after a license under this chapter is issued, the Public Officer shall require correction of such violation within 10 days by notice in writing to the owner and operator. Upon failure to correct the violation within the time prescribed, the owner and operator shall be liable for the penalties for violations of this chapter prescribed in §§ 159-41 to 159-43. In addition thereto, the Public Officer may suspend temporarily or conditionally refuse to renew the license issued for the premises for failure to correct the violations, provided that, if the owner or operator requests a hearing, no such suspension shall be effective until after a hearing and determination pursuant to § 159-166, which determination shall state reasonable terms and conditions upon which the suspension shall terminate or renewal shall be granted. Where there has been a violation or conviction within one year from the date of service of notice of violation and the violation shall be repeated or remain unabated, resulting in a second notice of violation or conviction thereon in the Municipal Court, the Public Officer may thereafter permanently revoke the license or refuse renewal thereof without conditions or terms. Where the provision which has been violated is within the province of the Board of Health, the Health Officer shall be substituted for the Public Officer under this section.
