CHAPTER 5.06
BUSINESS OCCUPANCY PERMIT

Sections:

5.06.010    Purpose.

5.06.020    Definitions.

5.06.030    Application – Issuance.

5.06.040    Application denial reason to be stated.

5.06.050    Denial – Appeal.

5.06.060    Denial – Hearing – Council determination.

5.06.080    Term.

5.06.110    Posting – Inspection.

5.06.120    Transfer – Assignment.

5.06.130    Multiple businesses at one location.

5.06.140    Same business – Multiple locations.

5.06.150    Revocation.

5.06.160    Revocation – Permittee right to appeal.

5.06.170    Revocation – Hearing.

5.06.180    Service of required notices.

5.06.200    Penalty for violation.

5.06.210    Effective permit requirement date.

5.06.010 Purpose.

It is in the public’s interest that the City shall be informed at all times as to the individuals, partnerships, corporations or business entities of any form whatsoever which are operating from places of business within the City limits. It is the purpose and intent of this chapter to require that all businesses, of whatsoever type, that maintain places of business within the City limits, shall at all times they so operate, obtain from the Finance Officer/Clerk and be in possession of a business occupancy permit. (Ord 719 §1, 1987)

5.06.020 Definitions.

The following definitions shall apply to this chapter unless the context of the chapter indicates otherwise:

"Town" means the City of Quincy.

"Business occupancy permit" or "permit" means a permit issued by the Finance Officer/Clerk to a specific person, allowing the conduct of a designated and regulated business for a definite period of time at a specific location within the City in accordance with the provisions of this chapter.

"Person" means any person, partnership, corporation, association, venture, society, club or organization whatsoever.

"Business" means any person, partnership, corporation or entity of any form whatsoever which operates or maintains a store, place or office of any kind whatsoever within the Quincy City limits for one of the following purposes:

1. The manufacture or sale of goods, wares or merchandise whether at retail or wholesale; or

2. The provision of a service to clients, customers or patients in exchange for compensation.

"Provisional business occupancy permit" means a permit authorized by the Code Enforcement Officer to be issued by the Finance Officer/Clerk to a specific person allowing the conduct of a designated and regulated business for a temporary period of time, not to exceed ninety days, at a specific location within the City in accordance with the provisions of this chapter.

"City" means the City of Quincy. (Ord 737 §1, 1988: Ord 728 §1, 1987: Ord 719 §1, 1987)

5.06.030 Application – Issuance.

A. Each applicant for a permit shall file an application with the Finance Officer/Clerk in writing, containing the name of the applicant, the name of the business, the type of business or businesses for which the permit is sought, the address and location of the business, an indication of whether the business is temporary or permanent, and any other information this chapter or the Finance Officer/Clerk requires for processing the application. The applicant shall also tender the fee for issuance of the permit.

B. After receipt of a completed application and the permit fee, the Finance Officer/Clerk shall review the application and shall, except as otherwise provided, issue or deny the permit within ten working days after receipt of the completed application.

C. Nothing in this section or any other section of this chapter shall prevent the Finance Officer/Clerk or any other authorized City official from requiring of the applicant any information necessary to ascertain whether the applicant is, or will be in compliance with all City ordinances or state laws. (Ord 737 §1, 1988: Ord 728 §1, 1987: Ord 719 §1, 1987)

5.06.040 Application denial reason to be stated.

The Finance Officer/Clerk shall deny any application for a business permit where the applicant is not in compliance with all ordinances of the City and statutes of the state as now existing or hereafter amended. The Finance Officer/Clerk shall, upon denial, inform the applicant in writing of the reason for denial, shall cite the ordinance or statute which prevents the issuance of the permit, and shall refund the tendered permit fee less an administrative service fee of ten dollars. (Ord 719 §1, 1987)

5.06.050 Denial – Appeal.

Any applicant denied a permit by the Finance Officer/Clerk shall have a right of appeal to the City Council. The applicant shall, within ten days of mailing by the Finance Officer/Clerk of notice of denial, give a notice of appeal to the Finance Officer/Clerk, in writing. The Finance Officer/Clerk shall place the applicant’s appeal on the agenda of the next regularly scheduled City Council meeting occurring more than five days after receipt of the notice of appeal, and inform the applicant in writing of the date, time and location of the meeting. (Ord 719 §1, 1987)

5.06.060 Denial – Hearing – Council determination.

A. The City Council shall hold a public hearing at which the applicant may present testimony as to his compliance with the statutes or ordinances which he is alleged to not be conforming with.

B. After the close of the public hearing, the City Council shall either grant the permit or sustain the denial. The City Council shall make findings of fact which shall be incorporated in its minutes as to the basis for its decision. The council’s decision shall be final.

C. Conduct of business after denial of a permit is unlawful. (Ord 719 §1, 1987)

5.06.080 Term.

A. Any business occupancy permit that is issued shall remain effective unless revoked, or the applicant reapplies and receives a new permit.

B. A business must make application for a new business occupancy permit if the applicant proposes to expand, alter or relocate the business within the jurisdictional limits of the City or if the applicant proposes to change the use, nature or conduct of the business from that which was identified in the application for a permit upon which the business was permitted to operate. In the event it is determined that a new permit is not required, the application fee will be refunded.

(Ord 737 §, 1988: Ord 719 §, 1987)

5.06.110 Posting – Inspection.

A business occupancy permit shall a conspicuously posted at the business for which it was issued, and shall be produced for inspection upon the request of any authorized City official; provided, however, that if the permittee has no permanent place of business, then such permit must be carried on the person of such permittee or attached to and conspicuously displayed on any personal property which is an integral part of the business in which the permittee is engaged. Said license shall be produced for inspection upon the request of any authorized City official. (Ord 719 §1, 1987)

5.06.120 Transfer – Assignment.

No permit issued under the provisions of this title shall be transferable or assignable; provided, that in the event of death of the permittee, the surviving spouse, partner, estate, or other heir may operate the business under the existing license. In the event of the sale of a business, the new owner shall be required to apply for and obtain a permit prior to commencing to conduct a business in the City. (Ord 737 §, 1988: Ord 719 §1, 1987)

5.06.130 Multiple businesses at one location.

Any person engaged in two or more businesses at the same location shall only be required to obtain one permit for the combined businesses and, unless otherwise specifically provided, the permit fee for combined businesses conducted at the same location shall be twenty-five dollars. (Ord 719 §1, 1987)

5.06.140 Same business – Multiple locations.

Any person conducting the same type of business at two or more permanent locations shall be required to obtain a separate permit for each place of business. The fee for each additional license shall be five dollars per permit. (Ord 737 §1, 1988: Ord 719 §1, 1987)

5.06.150 Revocation.

All permits are subject to revocation at any time by the City Council upon determination that the permittee is not in compliance with any statute or ordinance. Conduct of business after notice of revocation of the permit is given is unlawful. (Ord 719 §1, 1987)

5.06.160 Revocation – Permittee right to appeal.

Upon revocation, the permittee shall have a right of appeal to the council. The permittee shall, within ten days of the notice of the revocation, give notice to the Finance Officer/Clerk, in writing, of his intent to appeal the revocation to the council. The Finance Officer/Clerk shall place the permittee’s appeal on the agenda of the next regularly scheduled council meeting occurring more than five days after receipt of the notice of appeal, and inform the permittee, in writing, of the date, time and location of the meeting. (Ord 719 §1, 1987)

5.06.170 Revocation – Hearing.

A. The council shall hold a public hearing at which the permittee may present testimony as to his compliance with the statutes or ordinances which he allegedly has failed to comply with.

B. After the close of the public hearing, the council shall make findings of fact which shall be incorporated in its minutes as to the basis of its decision. The council may sustain the revocation of the permit, reinstate the permit with conditions, reinstate the permit after a certain time, or immediately reinstate the permit. (Ord 719 §1, 1987)

5.06.180 Service of required notices.

Any written notice require y this chapter to be given to any permittee or applicant shall be sent by ordinary mail to the address of the permittee or applicant as shown on the permit application. (Ord 719 §1, 1987)

5.06.200 Penalty for violation.

It is unlawful to operate any business as defined in this section within the corporate limits of the City except while in compliance with this chapter. Upon conviction of a violation of this chapter, punishment shall be imposed pursuant to the terms of Section 1.01.118. (Ord 719 §1, 1987)

5.06.210 Effective permit requirement date.

A. Existing Businesses. Upon the effective date of the ordinance codified in this section, all existing businesses within the City shall apply for an initial business occupancy permit prior to July 1, 1987.

B. New Businesses. All new businesses shall apply for a business occupancy permit prior to commencing operation of the business. (Ord 737 §1, 1988: Ord 719 §1, 1987)