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Chapter 4-1: General Licensing Provisions1

4-1-1 Legislative Intent.Go to the top

The purpose of the licenses and permits issued under this title is to protect the public health, safety, and welfare.

4-1-2 City Manager to Issue Licenses.Go to the top

Upon granting a license and receiving the license fee, the city manager shall prepare, sign, and issue a license containing the purpose of the license, the name and address of the licensee, and the official city seal.

4-1-3 Term of Licenses; Renewal.Go to the top

(a) Unless otherwise provided by this code or an ordinance of the city, the term of each license issued under this title shall be no more than one year, expiring on December 31 of the year of its issue. Unless otherwise provided by this code or an ordinance of the city, no license fee shall be prorated.

(b) Each license issued under this title shall contain on its face its date of issue and expiration date.

(c) A licensee seeking to renew a license issued under this title shall apply for renewal no fewer than thirty days before the license expiration date.

4-1-4 Transferability of Licenses.Go to the top

No license issued under this title may be transferred or assigned, and no license is valid as to any person other than the person named thereon.

4-1-5 Posting of Licenses.Go to the top

Unless otherwise provided by this code or an ordinance of the city, each licensee licensed under this title shall post the license on the primary business premises to which the license relates prominently in public view.

4-1-6 Refund Where License Is Not Issued.Go to the top

If an applicant for a license has paid the required license fee but no license is issued, the city manager shall cause the fee to be returned forthwith upon request by the applicant for a refund.

4-1-7 City Manager to Keep License Register.Go to the top

The city manager shall keep a register of all licenses and permits issued under this title that includes the name and address of the licensee, the purpose of the license, the number of the license, the amount paid therefor, and the license expiration date.

4-1-8 Insurance Required.Go to the top

Whenever insurance is required of a licensee under this title, such licensee shall:

(a) At all times maintain workers' compensation insurance, public liability insurance with minimum limits of $150,000.00 for any one person and $600,000.00 for any one accident, and public property damage insurance with a minimum limit of $100,000.00 for any one accident.

(b) File with the city manager a certificate signed by a qualified agent of an insurance company evidencing the existence of valid and effective policies of workers' compensation and public liability and property damage insurance naming the city and its officers and employees as an additional named insured on the liability policy at least to the limits required by subsection (a) of this section, the limits of each policy, the policy number, the name of the insurer, the effective date and expiration date of each policy, and a copy of an endorsement placed on each policy requiring ten days' notice by mail to the manager before the insurer may cancel the policy for any reason.

Ordinance Nos. 5517 (1992); 5678 (1994)

4-1-9 Authority to Deny Issuance of Licenses.Go to the top

(a) The city manager may deny an application for a license under this title upon a determination that:

(1) The applicant has failed to supply any of the information required on the application;

(2) The applicant has failed to obtain required insurance;

(3) The applicant has failed to pay the required license fee;

(4) The applicant is not qualified by experience, training, or education to engage in the activity authorized by the license; or

(5) The applicant has been finally convicted of an offense and would create danger to the public health, safety, or welfare if the applicant were to engage in such offensive conduct after the license were issued.

(b) If the city manager denies a license application under this section, the manager shall notify the applicant in writing stating the specific grounds for the denial. The applicant may thereafter appeal the denial of the application to the manager under the procedures prescribed by chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. The hearing officer on the appeal shall not be the same individual who denied the license application.

4-1-10 Revocation of Licenses.Go to the top

(a) In addition to any other provisions of this code or other ordinances of the city, the city manager may suspend or revoke a license or permit issued under this title if:

(1) The licensee fails to meet the qualifications required of an applicant;

(2) The licensee violates any provision of this code or other ordinance of the city governing the activities permitted by the license;

(3) The licensee obtained the license by fraud or misrepresentation; or

(4) The licensee is finally convicted of an offense and would create a danger to the public health, safety, and welfare if the licensee were to engage in such conduct after the license was issued.

(b) If the city manager finds one of the grounds in subsection (a) of this section or any other ground for suspension or revocation in this code, the manager shall determine whether to revoke the license for the remainder of its term or suspend it for any shorter period according to severity of the disqualification, its effect on public health, safety, and welfare, and the time during which the disqualification can be remedied, if at all.

(c) Before the hearing required by subsection (d) of this section, the city manager may suspend a license for up to thirty days, if the manager determines that the suspension is in the interest of public health, safety, and welfare. The manager may include in the temporary suspension reasonable orders or conditions with which the licensee shall comply to protect any work in progress and the public health and safety. Any breach of such conditions or orders is an independent ground for suspension or revocation of the license.

(d) Except for such emergency suspension authorized by subsection (c) of this section, no such suspension or revocation is final until the licensee has been given the opportunity for a hearing to contest the suspension or revocation under the procedures prescribed by chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981.

(e) If, after a hearing, the suspension or revocation is upheld, the city manager may include reasonable orders or conditions with which the person whose license has been suspended or revoked shall comply to protect any work in progress and the public health, safety, and welfare.

(f) No person whose license is revoked under this title may receive a refund of any part of the license fee paid for the license.

(g) No person who has had a license suspended or revoked under this title is entitled to obtain the same or any similar license under this code during the period of suspension or revocation, either in the person's own name or as a principal in another business that applies for a license.

4-1-11 Revocation Not Exclusive Penalty.Go to the top

Nothing in this title shall be deemed to prohibit the city manager from imposing other penalties authorized by this code or other ordinance of the city, including filing a complaint in the municipal court for a violation of this code or other ordinance of the city.

4-1-12 City Manager May Issue Regulations.Go to the top

The city manager may issue rules and regulations deemed necessary to administer and enforce the provisions of this title, including, without limitation, prescribing forms for license applications, information that applicants and licensees shall provide, and books and records that licensees shall keep.


1 Adopted by Ordinance No. 4637. See also the following portions of B.R.C. 1981: chapter 5-8, "Weapons," for weapons and target range permits; chapter 6-6, "Protection of Trees and Plants," for tree spraying, planting, and removal permits; chapter 8-3, "Parks and Recreation," for horse concession park use permits; title 9, "Land Use Code," for land use permits; section 9-9-21, "Signs," for sign permits; chapter 10-5, "Building Code," for building permits; chapter 10-6, "Electrical Code," for electrical permits; chapter 10-8, "Fire Prevention Code," for fireworks, and hazardous materials permits; chapter 10-9, "Mechanical Code," for mechanical permits; and chapter 10-10, "Plumbing Code," for plumbing permits.

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