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CHAPTER 128. LICENSING
§ 128-1. Applicability.
§ 128-2. License required.
§ 128-3. Application; Council approval; issuance of license.
§ 128-4. Bond.
§ 128-5. Insurance.
§ 128-6. Fees.
§ 128-7. Duration of license.
§ 128-8. Transfers.
§ 128-9. Inspection.
§ 128-10. Duties of licensee; compliance required.
§ 128-11. Suspension or revocation; hearing.
§ 128-12. Violations and penalties.

CHAPTER 128. LICENSING

[HISTORY: Adopted by the City Council of the City of Kellogg 10-14-1981 as Sec. 500 of the 1981 Kellogg City Code. Amendments noted where applicable.]

GENERAL REFERENCES

Hearings — See Ch. 21.

§ 128-1. Applicability.

Except as otherwise provided in this Code, all licenses and permits granted by the City shall be governed by the provisions of this chapter.

§ 128-2. License required.

No person shall conduct any activity or use any property for which a license or permit is required by law or this Code without a currently valid license or permit for such activity or use.

§ 128-3. Application; Council approval; issuance of license.

Every application for a license shall be made to the Clerk/Treasurer on a form provided by him. It shall be accompanied by payment of the Clerk/Treasurer of the prescribed fee. If, after investigation, the Clerk/Treasurer is satisfied that all requirements of law and this Code have been met, he shall present the application to the City Council for action, or if the license or permit does not require Council approval, he shall issue the license or permit.

§ 128-4. Bond.

Where a bond is required for any license or permit, the bond shall be a corporate surety bond executed on a form approved by the City Attorney and shall be filed with the Clerk/Treasurer before the license or permit is issued. Except where otherwise provided, a bond shall be in the amount of $1,000, conditioned that the licensee or permittee shall comply with the applicable ordinance and laws pertaining to the licensed or permitted activity and that the licensee or permittee will indemnify the City and save it harmless from all loss or damage by reason of inadequate work performed by him or by reason of accident caused by the negligence of the licensee or permittee, his agents or employees.

§ 128-5. Insurance.

When a licensee or permittee is required to have in force a policy of insurance, the policy shall be approved as to substance and form by the City Attorney. The policy shall provide that it is noncancelable without 15 days' notice to the City, and the coverage shall be for the term of the license or permit. Satisfactory evidence of coverage by insurance shall be filed with the Clerk/Treasurer before the license or permit is issued. Each license or permit shall terminate upon termination of the required insurance coverage.

§ 128-6. Fees.

A. Fee established. License fees are in the amounts established by resolution of the City Council. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Prorated fees. If the initial license is to run for less than a full year, the applicant shall pay a pro rata fee, with any unexpired fraction of a month being counted as one month.

C. Refunds. License fees shall not be refunded in whole or in part unless otherwise specified by this Code or by law

§ 128-7. Duration of license.

Unless otherwise specified, a license shall be valid for a calendar year or July 1 through June 30 or the part of the year for which it is issued and shall expire on December 31.

§ 128-8. Transfers.

No license issued under this Code may be transferred to any other person. Where a license relates to specific premises, the license shall not be changed to another location without approval of the Council or other licensing authority.

§ 128-9. Inspection.

A. Authorized personnel. Any City official or employee having a duty to perform with reference to a license under this Code and any police officer may inspect and examine any licensee, his business or premises to enforce compliance with applicable provisions of this Code. Subject to the provisions of Subsection B, he may, at any reasonable time, enter any licensed premises or premises for which a license is required in order to enforce compliance with this Code.

B. Search warrants. If the licensee objects to the inspection of his premises, the City official or employee charged with the duty of enforcing the provisions of this Code shall procure a valid search warrant before conducting the inspection.

§ 128-10. Duties of licensee; compliance required.

Every licensee and permittee shall have the duties set forth in this section:

A. Inspection. He shall permit at reasonable times inspection of his business and examination of his books and records by authorized officers or employees.

B. Compliance with law. He shall comply with laws, ordinances, and regulations applicable to the licensed business, activity, or property.

C. Display of license. He shall display the license or other insignia given him as evidence of the license in a conspicuous place on the premises, vehicle, or devise to which the license relates. If the license is not so related, the license shall be carried on the licensee's person whenever he is carrying on the licensed activity.

D. Unlawful disposition. The licensee shall not lend or give to any other person his license or license insignia.

§ 128-11. Suspension or revocation; hearing.

The Council may suspend for a period not exceeding 60 days or revoke any license or permit for violation of any provision of law, ordinance, or regulation applicable to the license or permitted activity or property. Except where mandatory revocation is provided by law without notice and hearing and except where suspension may be made without a hearing, the holder of the license or permit shall be granted a hearing upon at least 10 days' notice before revocation or suspension is ordered. The notice shall state the time and place of the hearing and the nature of the charges against the licensee.

§ 128-12. Violations and penalties.

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Violations of this article shall be punishable as a misdemeanor as provided in Chapter 1, Article III, General Penalty.