94-9660 Licenses(First Published in the Salina Journal on October o29 , 1994)
ORDINANCE NUMBER 94-9660
AN ORDINANCE AMENDING CHAPTER 20, LICENSES, OF THl
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 ti
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 thi;
Code without having first paid to the City Clerk a license fee
prescribed in Section 2-2, and having procured a license from th
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 the 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 them
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.
( SEAL)
ATTEST:
J�City C rk
Introduced: October 17, 1994
Passed: October 24, 1994
%G�ii��.fiL_
A . Warner , Mayor