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Home My WebLink AboutOrd1954-251 r , ORDINANCE NO. 251 AN ORDINANCE RmUIRING A BUSINESS LICmSE FOR 1HE OPERATION OR CARRYING ON OF ANY BUSINESS OR PRIVILEGE IN THE CITY OF SLWARD, PREOCRIBING FEES, AND PRO. VIDING PENALTID3 FOR THE VIOIATION THERIDF" BE IT ORDAINED AND ENACTED by the Comnon Counc i1 of the City of Seward, Territory of Alaska: SECTION 1. DEFINITIONS. As used in this Ordinance, and unless otherwise required by the context: (a) -Ferson. shall include an individual, partnership, association or corporation. (b) -Business. shall include any activities or acts, personal, professional or corporate, engaged in or caused to be engaged in, or follcwing or engaging in any trade, profession or business. S:EX::TION 2. LICENSES REQUIRED. (aJ No person shall engage or be engaged in the operation, conduct or carrying on of any business or privilege without first obtaining a license from the City of Seward in the manner provided for in this ordinanoe; where no other lioense fee is provided for by ordinance of the City of Seward, the fee required of a business shall be Five Dollars ($5.00); said license to be issued for an indefinite period of time not to exceed the 30th day of June of the fiscal year in which issued. . (b) Individual licenses must be procured for each business or privilege conducted by anyone person. (0) Ever! person required to obtain a license from the City to engage in the operation, conduct or carrying on of any business or privilege shall make application for said license to the City Clerk or his aut'lorized representative upon forms provided by the City Clerk and shall state under oath or affirmation l!Iueh facts as may be requ ired for, or applicahle to the granting of such license.. SFCl'ION 3. LICENSE YE.lffi. (a) The license year shall begin July 1 of etfch year and shall terminate at midnight June 30 of said fiscal year. The license fees shall be due August 15 annually, except that the license fees for the year ending June 30~ 1953 shall be paid on or before January 15. 1955~ (b) Upon the establisbml!lnt and opening of any new business after July 1 of any year, the license fees shall be due on the date of the opening of said business. (c) The effective date of such licenses shall commence \lith the date of issuance thereof. S~CN 4. APfRO'VAL OF LICENSES. (a) No license required by this ordinance shall be issued to any pers:ln ~o is .s-eguired to ~haye ~ ~erritoria~. bus~ness license\ until such person shall submit eTidence that he has applied for such territorial business license and prOTe that all current fees appertaining thereto have been paid. (b) No license shall be granted to any applicant therefor until su~~ applicant has complied with all of the provisions of the city ordinances of the City of Seward applicable to the business or privilege for which application for license is made. Neither stell any license be granted where the certification of any officer of the City is required prior to the issuance thereof until such certification is made. ,,,,,,-{j .. '.1 rt:<f,'~'~. ,...../Au) i c, ~ '-""'" ~./ J(EVO/<EJ; \. See /YJ,"nule~,~~~~~~" ----~---~~- ~ (c) In all cases where the certification of the Health Officer is required prior to the issuance. of any license by the City Clerk, such certification shall be based upon an actual inspection and a finding that the person making application and the premises in which he proposes to oonduct or is conducting the business or privilege comply with all the sanitary requirements of the Territory of F~aska and of the City. (d) In aill cases where the ce:tification of the Fire Chief is required prior to the is suance of any license b" tcse City Clerk, such certification !Wall be based upon an actual inspection and a finding that the premises in which the person making application for such license proposes to conduct or is conducting the business or privilege comply with all the fire regulations of the Territory of Alaska and of the City. (I) In all cases where the certification of the rolice Chief is required prior to the issuance of any licmss by the City Clerk, such certification shall be based upon a finding that the person making application for such license is of good moral character. (f) No license fee s hall he required from any person exempt from such fee by Territorial or Federal law. Such persons shall comply with all other provisions of this ordinance. The City Clerk shall, witt the approval of the City Manager, in all such cases issue to such persons licenses w~ich are clearly rnurked as to said exemption and the reason therefor. SEcrION 5~ SUSPENSION OR REVOCATION. (a) Any license iss"ed by the City raay be suspended by the City Maftager or issuing authority for cause and any permit is sued by the City may be suspended or revoked by the issuing authority for cause. The licensee or IX' rmi ttee shall have the right to a hearing before the Council on any such action of the City Manager or issuing authority~ provided a Hritten reCJUest therefor is filed with the City Clerk within five days after receipt of notice of such suspension. The Council may confirm such suspension or revocation or may revoke or reinstate any such license. The action taken by the Council shall be final. Upon suspension or revocation of any license or pennit~ the fee therefor sLall not be refunded. (b) The term "cause", as used in ti- is section, lilall include the doing or omitting of any act or permitting any condition to exist in connection with any trade, profession, business or privilege for which a license or permit is granted under the provisions of this ordinance, or any premises or facilities used in connection ther~with, which act, omission or condition is: (l~ Contrary to the health, morals, safety or welfare of the public; (2) Unlawful~ irregular or fraudulent in nature; (3) Unauthorized or beyond the scope of the license or pe rmit granted; or (4) Forbidden by the provisions of this Ordinance or any duly est~Jli6hed ordinance, rule or regulation of the City applicable to the business or privilege for which the license or permit has been granted. smTION 6. TRAIISFERABILITY. (a) No license or penni t is sued under the provi sions of this ordinance shall be transferable. No licensee or permittee shall, unless specifically authorized by City Ordinance, transfer or attempt to transfer his license or permit to another nor shall he make any improper use of the same. (b) In addition to the general penaly provision for violation thereof, any attempt by a licensee or permittee to transfer his license or l~rmit to another unless specifically authorized by City Ordinance, or to use the same imvroperly shall be void and result in the automatic revocation of such license or permit. SECTION 7. PENALTIES. (a) All fees f or licenses, or for the renewal of any lie ense, which are not r paid at the t im!! said fees s hall be due, shall be paid as "late fees" at the rate of One Hundred and Ten per cent (llO~) of the license fee required for such licenses. (b) Every person convicted of a violation of any provision of this ordinance, or any rule or regulation adopted or :is sued in pursuance thereof, shall be punished bv a fine of not more than Three Hundred Dpllars ($300.00), or by imprisonment for not ma- e than Thirty (30) days, or by both such fine and imprisonment. This ordinance shall take ef=ect and be in full force and effect from and after the date of its passage and approval. PASSED under suspension of the rules and APPROVED by the Common Council of the City of Se'llard, Ter.ritory of Ale,ska, the 1st day of Nove1llTer.. 1954.. ~~ TV CLERK: G?#pU;/L MAYOR ATl'Esr: