Chapter 19
LICENSES¹

19-1 "License" defined.

The word "license," as used in this chapter, shall mean any and all licenses granted by the city.

(Rev. Ords. 1962, § 1231; Ord. of 5-12-86)

19-2 Application of chapter.

The provisions of this chapter shall apply to and govern the issuance of any license required by this Code, except as may be otherwise provided.

19-3 Duration of license.

All licenses shall expire according to the following schedule:


Expiration Date	Type of License
The first business day in May	Restaurant
The first business day in June	Hotel and motel Guest house/tourist home
The first business day in July	Coin-operated amusements Billiards Bowling alleys Dances Theaters Skating rinks Shooting galleries
The first business day in August	Vehicles for hire Taxis and porter cartmen
Licensee’s birthday	Electrician and plumber

(Rev. Ords. 1962, § 1232; Ord. of 3-14-83)

19-4 Application.

Before a license shall be granted, the applicant shall file a written application with the city clerk signed by the applicant and stating the applicant’s place of residence with street and number and the particular kind of license desired. The applicant shall also state that he/she will observe the conditions of the license and all provisions of the ordinances governing it.

(Rev. Ords. 1962, § 1233; Ord. of 5-12-86)

19-5 Fees.

(a) The fee for a license as required by this Code shall be paid to the city clerk before a license shall be issued.

(b) All fees received by the city clerk for licenses shall be turned over to the city treasurer for the use of the city.

(Rev. Ords. 1962, § 1234)

19-6 Grant of license by city.

All licenses shall be granted by the city clerk. If, however, it reasonably appears to the clerk that issuance of the license to the applicant may jeopardize the public health, safety or general welfare, the clerk may refer the matter to the license committee which upon notice and hearing will recommend action to the city council on the application.

(Rev. Ords. 1962, § 1235; Ord. of 1-11-72; Ord. of 5-12-86)

19-7 Revocation.

Any license may be revoked at any time by the city council, after notice and hearing, if it finds in its discretion that continued operation by the licensee would jeopardize the public health, safety or general welfare.

(Rev. Ords. 1962, § 1235; Ord. of 1-11-72)

19-8 Forfeiture of license.

A licensee who shall violate a provision of an ordinance relating thereto or a condition of his license shall, on conviction, in addition to the penalty imposed, forfeit his license.

(Rev. Ords. 1962, § 1236)

19-9 Sale, assignment or transfer prohibited.

No license may be sold, assigned or transferred.

(Rev. Ords. 1962, § 1237)

19-10 Indemnification of city.

All licenses shall be subject to the condition that the licensee shall indemnify and reimburse the city for any damage sustained by the city by reason of the granting or exercise of such license.

(Rev. Ords. 1962, § 1238)

19-11 Number card, plate or badge to be furnished.

The city clerk, at the expense of the city, shall furnish each licensee with a suitable card, plate or badge bearing the number of his license and the same shall be conspicuously placed or worn by the licensee according to the provisions of his license or to the approval of the chief of police.

(Rev. Ords. 1962, § 1239)

19-12 Enforcement.

It shall be the duty of the police department to see that all ordinances relating to licenses and the carrying on of licensed occupations and privileges are obeyed, and promptly report to the city attorney for prosecution all violations thereof.

(Rev. Ords. 1962, § 1240)

19-13 Authority to issue temporary license or permit.

Whenever a license or permit is required to be secured from the city council for the carrying on of any business, trade or occupation, or for the doing of any act, the city clerk shall have power, in his discretion, to grant a temporary license or permit for such purpose, upon the payment of the fee prescribed by ordinance for a regular license or permit therefor. Such temporary license or permit shall not be for a period of time in excess of thirty (30) days, and shall be subject to revocation at any time by the city clerk or by the city council, and any action taken by the city council in refusing to issue a regular license or permit therefor shall be considered a revocation of such temporary license or permit.

(Rev. Ords. 1962, § 1201)

19-14 Conditions for issuance of temporary license.

The city clerk shall not issue a temporary license or permit unless he is satisfied that all conditions requisite to a regular license or permit have been complied with, including the securing of any necessary approvals therefor.

(Rev. Ords. 1962, § 1202)

19-15 Notice of revocation of temporary license.

In the event that any temporary license or permit shall be revoked, the city clerk shall promptly notify the holder thereof in person or by mail sent postage prepaid to his last or usual address. The giving of such notice shall terminate any rights under such temporary license or permit.

(Rev. Ords. 1962, § 1203)

19-16 Issuance of temporary license not mandatory.

Nothing in this chapter shall be so construed as to make the issuance of any temporary license or permit mandatory upon the city clerk.

(Rev. Ords. 1962, § 1204)

19-17 Rights of holder of temporary license.

The carrying on of any business, trade or occupation, or the doing of any act, by any person to whom a temporary license or permit shall have been granted authorizing the same pursuant to the terms of this chapter, during the term of such license or permit or until the same shall have been revoked as herein provided, shall not be subject to criminal prosecution or equitable restraint or injunction.

(Rev. Ords. 1962, § 1205)

19-18 Entertainment permit.

(a) Permit required. A permit from the city council must be obtained prior to the presentation of any live public music or performance on the premises of any bar, cabaret, club, hotel or restaurant that holds a first and/or third class liquor license. "Live public music or performance" includes but is not limited to bands, DJs, karaoke, stand-up comedy, dancers, fashion shows, poetry or other readings or speakings. Whether an activity is "live public music or performance" is based on the activity itself and not whether an admission price is charged, the performer is paid or unpaid, or the event is advertised or not.

(b) Application and fees. Application shall be made to the office of the city clerk. The application shall describe the type of proposed entertainment, the dates and hours of presentation and the name and addresses of the person responsible for the proposal. The city clerk shall forward the application to the city council license committee for review. The committee shall make a recommendation for approval or disapproval to the full city council. A fee of one hundred dollars ($100.00) shall be paid to the city clerk on the granting of an entertainment permit by the council. An applicant requesting a permit for one (1) performance only, shall pay a fee of twenty-five dollars ($25.00). The sponsor or promoter of a special community entertainment event may request the issuance of an umbrella permit to cover all performances in that event. A permit fee of twenty-five dollars ($25.00) shall be charged for a special events umbrella permit. No license shall be granted prior to payment of the permit fee.

(c) Conditions of permit. The city council license committee shall consider and make recommendations to the council on the conditions of approval for each permit. It shall be a standard condition of each permit that the applicant shall comply with all city ordinances and regulations and all state liquor law statutes and regulations. Any of the following may be grounds for disapproval of the license:

(1) The business premises do not comply with all applicable city ordinances and state laws.

(2) The application is incomplete or contains any material misrepresentation.

(3) The application does not show adequate measures for the protection of the public health, safety or welfare of persons on site and in the areas surrounding the premises.

(d) Suspension and revocation of permit. The city council may suspend or revoke any permit for any of the following grounds: The permittee is in violation of any ordinance or law including Vermont Liquor Control laws and regulations, or any other condition of the permit; the permittee has materially misrepresented or failed to disclose any material information to the council in connection with the application for entertainment permit; the operation of the premises has become the proximate cause of an increase in disturbance on the premises or in the immediate vicinity of the premises. The permittee shall have notice of any action to suspend or revoke the permit and the opportunity to be heard prior to the imposition of any penalty.

(e) Annual review. A permit shall be effective May 1 or from the date of issuance and shall expire April 30 of each year.

(f) Penalties. It shall be a violation of this section to hold entertainment at any public place in the city without a permit from the city council. Any violation of this section shall be punishable as a civil offense as authorized by section 1-9 of the city ordinances.

(Ord. of 6-14-93; Ord. of 6-26-95; Ord. of 11-13-00; Ord. of 6-24-02)

Charter reference—Power of city council to regulate: Auctioneers, § 48(IV), (XXIV); circuses, shows, etc., § 48(III); selling and installing electrical supplies, § 48(XLI); innkeepers, bowling alleys, § 48(XXIV); junk dealers, § 48(LII); peddlers, § 48(IV); porters, cartmen and taxicabs, § 48(XXVII).

Cross reference—Airport taxicab license, § 3-18;joan,licensing of airport businesses, 33-51 et seq.,joan, dog registration, § 5-24; bicycle registration, § 6-25; building permits and fees, § 8-24 et seq.; electrical permits and fees, § 12-21 et seq.; electrician’s license, § 12-57; auctioneers, § 21-7; peddlers and solicitors, Ch. 23; plumber’s license, § 25-3 et seq.; porters and cartmen to be licensed, § 30-2; taxicab licenses, § 30-51 et seq.

Chapter 19LICENSES1