8.3 Licensing CITY OF SALINA
REQUEST FOR COMMISSION ACTION 1Dn~]~/94u~.~ TIME
4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. $ City Clerk AGENDA:
ITEM: Judy D. Long
NO. 3
BY:
Item
Ordinance Number 94-9660, amending Chapter 9.0, Licenses, of the Salins Code
and repealing the existing chapter.
Background
This ordinance was presented for first reading on October 17, 1994 and was
approved. No comments have been received since that time.
Recommendation
Adopt Ordinance Number 94-9660.
COMMISSION ACTION
MOTION BY SECOND BY
THAT:
(First Published in the Salina Journal on October , 1994)
ORDINANCE NUMBER 94-9660
AN ORDINANCE AMENDING CHAPTER 20, LICENSES, OF THE
SALINA CODE; AND REPEALING THE EXISTING CHAPTER.
BE IT ORDAINED by the Governing Body of the City of
Salina, Kansas:
Section 1. That Chapter 20 of the Salina Code shall be
amended to read as follows:
"Section 20-1. License and compliance required.
It shall be unlawful for any person, either as principal,
officer, agent or employee:
(1) To conduct, pursue, carry on or operate in the City,
any of the trades, occupations, businesses or professions
specified in this Code without having first paid to the
City Clerk a license fee prescribed in Section 2-2, and
having procured a license from the City Clerk, to
engage in and carry on such trade, occupation, business
or profession;
(2) To fail to comply with all the regulations as provided in
this chapter.
Section 20-2. Application.
Any person engaging in any of the trades, occupations,
businesses or professions upon which license fees are levied
shall, except when otherwise provided, file an application
with thc City Clerk for a license to carry on such trade,
occupation, business or profession.
Section 20-3. Age of licensees.
No license shall be issued to a person under eighteen years of
age, unless otherwise specifically authorized.
Section 20-4. Fees.
(a) The application for a license shall be accompanied by the
necessary fee.
(b) License fees levied pursuant to Section 2-2 and other
provisions of this code shall, except when otherwise provided,
be received by the City Clerk, who shall issue receipts
therefore. All fees, with copies of the receipts, shall be
provided to the City Treasurer by the City Clerk for daily
deposit.
(c) All license fees shall be credited to the general fund,
except when another fund is specifically designated by
ordinance.
Section 20-5. Issuance.
The City Clerk shall issue all licenses, except when otherwise
provided. All licenses shall bear the signature of the City
Clerk and the City Seal.
Section 20-6. Contents.
Licenses shall state the name of the licensee, the purpose for
which the license is issued, the place where the trade,
occupation, business or profession is to be carried on, if the
license is for a specific location, the dates of the licensing
period, the amount of the fee paid and any other such
information as deemed appropriate by the City Clerk.
Section 20-7. Fees, due date.
(a) Annually. All license fees levied on an annual or yearly
basis shall be deemed to expire on December 31st of each
year; except, however, for Club and Drinking Establishment
licenses, which are issued concurrently with the State license
for a period of one year.
(b) Weekly. All license fees levied on a weekly basis shall
be valid for a consecutive 7 day period.
(c) Daily. All license fees levied on a daily basis shall be
valid for one calendar day, regardless of the time of issue.
(d) Any license, a - c above, which expires on a weekend
or holiday, must be renewed before the expiration date if the
licensee wishes to engage in or carry on such trade,
occupation, business or profession without interruption.
(e) If a licensee has continued to operate without renewing
the license, neither a new license or a renewal license shall
be issued until the licensee has paid all applicable license
fees for the period of continued operation. Such license
shall be dated to begin on the day following the expiration of
the previous license.
Section 20-8. Licensing Requirements, partial years.
Any person entering into a trade, occupation, business or
profession for which an annual license is required and which
shall expire on December 31st, shall immediately apply, pay
for and obtain a license subject to the following:
(1) If the date the application is made is prior to July 1st,
the full amount of the license fee shall be collected.
(2) If the date the application is made July 1st or after,
and the amount of the annual license fee is in excess of
sixty dollars ($60.00), then the applicant shall only be
required to pay one-half the fee established by this
Code. If the fee is sixty dollars ($60.00) or less, the
full fee shall be charged.
Section 20-9. Recovery of fee by suit.
In addition to the criminal penalty, the City may recover in
civil action, in any court of competent jurisdiction, the
amount of the license fee prescribed in Section 2-2.
Section 20-10. License to be posted, exhibited.
Each license shall be posted in a conspicuous place where the
trade, occupation, business or profession is carried on and
the holder of such license shall immediately show such license
to any authorized representative of the City when requested.
Section 20-11. Regulated business subject to inspection.
All trades, occupations, businesses and professions licensed
shall, if regulated, be open and subject to inspection at all
reasonable times by authorized representatives of the City to
ascertain that the persons conducting trades, occupations,
businesses or professions are complying with all applicable
regulations of the City or the Health Department.
Section 20-12. Duty to carry, exhibit license.
Any licensed person, not having a permanent location, shall
carry such license and shall present the license for
inspection when requested to do so.
Section 20-13. Transferability.
No license issued hereunder shall be transferable or
assignable, unless specifically stated under the Code.
Section 20-14. Refunds prohibited.
No refund for the unused period of a license shall be made.
Section 20-15. Separate license required for each place of
business.
A separate license shall be obtained for each place conducted,
operated, maintained or carried on by each person engaged in
any trade, occupation, business or profession for which a
license is required.
Section 20-16. Other regulations not affected.
This chapter shall not be construed so as to amend, modify
or repeal any of the rules and regulations of the trades,
occupations, businesses or professions otherwise provided for
in this Code or other ordinances of the City and is meant to
be supplementary only.
Section 20-17. License not to authorize violation of law.
Nothing herein shall be construed as to permit any licensee
licensed under the provisions of this Code to violate any law
of the United States, the State of Kansas or any provision of
this Code or ordinance of the city.
Section 20-18. Compliance prerequisite to license.
Provisions of this Code and other ordinances regulating any
trade, occupation, business or profession required to pay a
license fee and secure a license under this Code shall be
observed and complied with before any license is issued.
Section 20-19. Forfeiture.
Where there are regulations by ordinance for any trade,
occupation, business or profession, pursued, carried on or
operated in the City, any failure by any licensed person to
observe such regulations may result in the suspension or
revocation of the license."
Section 2. That the existing Chapter 20 of the Salina Code is
hereby repealed.
Section 3. That this ordinance shall be in full force and
effect from and after its adoption and publication once in the official
city newspaper.
Introduced: October 17, 1994
Passed: October 24, 1994
(SEAL) Joseph A. Warner, Mayor
ATTEST:
Judy D. Long, City Clerk