[Ord. No. 66-1998, § II, 4-21-1998]
The purpose of this article is to implement the City's home
rule authority to license victualers within the City.
[Ord. No. 66-1998, § III, 4-21-1998]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Changes that fundamentally alter a licensee and/or a licensee's
operations. Examples, not necessarily inclusive, include such things
as transfer of a license to a different person by sale, assignment
or otherwise, expansion of seating capacity, adding takeout facilities,
moving the place of business, or changing the menu so as to alter
the character of the business, e.g., converting a fast-serve pizza
parlor to a full-service restaurant.
A person who serves food or drink prepared for consumption
on the premises by the public.
[Ord. No. 66-1998, § XI(A), 4-21-1998]
Any person operating as a victualer within the City without
a victualer's license shall be subject to a civil penalty of $100
per day for all days of operation without the required license.
[Ord. No. 66-1998, § XI(B), 4-21-1998]
All victualers shall be subject to all state regulation of food
service establishments, such regulations being enforced by state agencies.
It is not the intent of this article to establish for the City a food
service regulation scheme apart from that provided under state law.
Accordingly, any suspension or revocation of a state license shall
be considered as a suspension or revocation, as the case may be, of
the victualer's license issued under this article on the same terms
as imposed by the state.
[Ord. No. 66-1998, § IV, 4-21-1998]
All persons who serve food or drink prepared for consumption
on the premises by the public in the City must obtain a victualer's
license from the City.
[Ord. No. 66-1998, § V, 4-21-1998]
(a)
Initial license. Any person desiring to operate as a victualer who
is not already licensed as a victualer by the City must apply for
and obtain an initial license.
(b)
Renewal license. Any person already licensed who desires to continue
operating beyond the expiration of a license must apply for and obtain
a renewal license.
[Ord. No. 66-1998, § VII, 4-21-1998]
An application form for a victualer's license, initial and renewal,
will be available in the City Clerk's office. The applicant must complete
such application in its entirety, sign it, and submit it to the City
Clerk, along with any reasonable documentation that may be required
by written application instructions prepared by the City Clerk and
approved by the City Council.
[Ord. No. 66-1998, § VIII, 4-21-1998]
Each license issued under this article is for operation pursuant
to the information contained in the application when filed. Should
the licensee experience or desire to make any material change in its
operations, the licensee must apply for a new initial license. Such
change, on the date it occurs, effectively terminates the licensee's
authority to continue operating under the licensee's existing license.
[Ord. No. 66-1998, § IX, 4-21-1998]
Each application for a victualer's license, initial or renewal,
must be accompanied by an administrative fee in an amount to be set
by the City Council. No application will be considered without the
payment of such fee.
[Ord. No. 66-1998, § X, 4-21-1998; Ord. No. 43-2002, 6-4-2002]
(a)
Initial license. Upon receipt of a completed application for a victualer's
license and the required application fee, the City Clerk shall schedule
the request for an initial license on the public hearing agenda of
the City Council. All initial licenses shall be approved by the City
Council prior to their issuance by the City Clerk.
(b)
Renewal license. Upon receipt of a completed application and the
required application fee, the City Clerk shall schedule the request
for a renewal license under the permit/license section of the City
Council agenda. The completed application for a bed and breakfast
establishment shall include an annual report on the number of meals
served to guests and nonguests. This report shall identify the number
of meals served on a daily basis. All renewal licenses shall be approved
by the City Council prior to their issuance by the City Clerk.
(c)
Standards for issuance. The council shall approve issuance of an initial or renewal victualer's license provided the applicant is in compliance with the zoning regulations (chapter 102), the technical standards (chapter 98), and other applicable local land use regulations and applicable state and local health and safety codes and regulations.
[Ord. No. 66-1998, § VI, 4-21-1998]
Each victualer's license initially issued by the City shall
be effective until the date of May 31 occurring after the date of
issuance. All such licenses must be renewed annually on or before
May 31.
[Ord. No. 66-1998, § XI(C), 4-21-1998]
The City Council, upon notice and hearing, for cause, may at
any time suspend or revoke a victualer's license issued pursuant to
this article. Cause shall mean the violation of any license provision
or any provision of this article, or any condition constituting a
threat to the public health, safety, or welfare, including but not
necessarily limited to neighborhood disruption, disorderly customers,
and excessively loud or unnecessary noise that initiates complaints
to or requires a response from police, fire, or other City regulatory
bodies or employees.
