Chapter 5.04
PERMITS Amended Ord. 18-09-512

Sections:

5.04.010    Purpose and scope. Amended Ord. 18-09-512

5.04.020    Definitions. Amended Ord. 18-09-512

5.04.030    Regulation by permit. Amended Ord. 18-09-512

5.04.040    Clerk to keep record of permits issued. Amended Ord. 18-09-512

5.04.050    Permit application process – Hearings for new commercial tours and transient merchants – Renewal. Amended Ord. 18-09-512

5.04.060    Investigation of application. Amended Ord. 18-09-512

5.04.070    Grounds for issuance or denial of permit – In general. Amended Ord. 18-09-512

5.04.080    Conditions applicable to all permits. Amended Ord. 18-09-512

5.04.090    Appeal from decision of clerk. Amended Ord. 18-09-512

5.04.100    Hearing. Amended Ord. 18-09-512

5.04.110    Appeal from decision of manager. Amended Ord. 18-09-512

5.04.120    Revocation or suspension – Procedure. Amended Ord. 18-09-512

5.04.130    Fees designated. Amended Ord. 18-09-512

5.04.140    Penalties. Amended Ord. 18-09-512

5.04.150    Offenses separable. Amended Ord. 18-09-512

5.04.160    Initiation. Amended Ord. 18-09-512

5.04.010 Purpose and scope. Amended Ord. 18-09-512

A. Where this title imposes a greater restriction upon persons, premises, or personal property than is imposed by the provisions of any other ordinance, the provisions of this title shall control.

B. The purpose of this title is to regulate transient and certain other merchants, commercial tour operations, commercial passenger vehicles, and commercial passenger or tour vehicle parking in order to: protect the public safety and welfare; protect local business establishments from unfair competition; maintain safe and efficient pedestrian access and traffic flow; maintain an attractive community environment for tourism; avoid litter; and ensure the safe, efficient, and fair operation of commercial tours, business enterprises, and related activities.

5.04.020 Definitions. Amended Ord. 18-09-512

For the purposes of this title, the following terms shall be defined as follows:

“Commercial helicopter tour” means a commercial helicopter operation, other than a commercial ski tour or commercial ski production, that provides a helicopter-assisted tour to or through an area. It is a commercial tour and requires a permit.

“Commercial ski production” means the professional filming or photographing of persons while skiing or snowboarding for the creation of a film or photography product featuring skiing or snowboarding as the primary subject.

“Commercial ski tour” means a commercial tour as defined in HBC 5.18.010(B) that: (A) includes downhill skiing or snowboarding as the primary experience; and (B) includes professionally guided skiing and snowboarding; and (C) includes daily transportation of the customer by helicopter to and from the skiing or snowboarding area as frequently as weather permits.

“Fair vendor permit” means a permit issued under this chapter to vendors selling for a period of one week or less at an event sponsored by the Southeast Alaska State Fair and taking place at the Southeast Alaska State Fairgrounds. Vendors with a valid Haines Borough business license are not required to purchase a fair vendor permit.

“Itinerant” or “transient merchant” means a person whose principal place of business is not within the Haines Borough, but who travels through the area selling goods from stock carried with the person or providing services for valuable consideration.

“Permit” used as a noun means a fair vendor permit issued under this chapter, an itinerant merchant permit issued under Chapter 5.08 HBC, a commercial tour permit issued under Chapter 5.18 HBC, a commercial passenger vehicle permit issued under Chapter 5.20 HBC, or a commercial passenger or tour vehicle parking permit issued under Chapter 5.22 HBC.

“Permittee” means a person who has been issued a permit.

“Revoke” or “revocation” means that a permit is permanently voided and, unless otherwise provided, the permittee to whom it was issued may not be issued any other permit under this title for a period of one year from the date the revocation is effective.

“Skier day” means one individual skier, snowboarder, photographer or a member of the photographer’s staff participating in a commercial ski tour or a commercial ski production on one particular day or any portion of a day excluding guides.

“Special ski competition event” means a scheduled, marketed athletic ski event sponsored by an entity that creates a venue for skiers and/or snowboarders to compete for awards of recognized value.

“Suspend” or “suspension” means that a permit is ineffective for a specified portion of its term, and the permittee to whom it was issued may not be issued any other permit under this title during the suspension period. A suspension may be conditioned on correction of a status or condition of a person or a vehicle. (Ord. 18-08-506 § 5; Ord. 14-08-390 § 4; Ord. 10-10-243 § 5; Ord. 05-03-098)

5.04.030 Regulation by permit. Amended Ord. 18-09-512

A. In the course of regulating businesses and occupations under its authority, the borough may require businesses and occupations affecting public interest to obtain permits.

B. Any fee exacted by the borough for a permit shall be for the purpose of defraying the costs of regulation and shall not constitute a tax against any business or activity.

C. Where the borough code requires a license, permit or fee for the conduct of any business, occupation, or activity, no person shall engage in such business, occupation, or activity within the borough unless the person has a valid borough license or permit therefor.

5.04.040 Clerk to keep record of permits issued. Amended Ord. 18-09-512

The clerk shall keep a record, or cause a record to be kept by the appropriate department, of all permits granted by the borough, showing the date issued, to whom issued, the amount collected, the date of expiration, the premises or property described therein, change of location, or transfer, if any, and any other pertinent facts with reference thereto.

5.04.050 Permit application process – Hearings for new commercial tours and transient merchants – Renewal. Amended Ord. 18-09-512

A. A person desiring to secure a permit to engage in an activity regulated by this title shall make written application to the clerk on forms prepared and furnished by the borough. The application fee established by the schedule in HBC 5.04.130 must be submitted with the application for that type of permit. A person who has had a permit suspended twice or revoked once within the previous three calendar years may not submit an application for a new permit.

B. Applications for new commercial tours shall require a public hearing and approval of the assembly as described in HBC 5.18.040 prior to issuance of a permit. Applications by transient merchants to sell on public property shall require a public hearing and approval of the assembly as described in HBC 5.08.030(E) prior to issuance of a permit.

C. All permits shall expire on March 1st of each year unless otherwise specified by the permit. A permit may be renewed and reissued for the following permit year upon application to the clerk. Except as otherwise provided in this title, the review standards and procedures that apply to an initial permit application shall apply to applications for the renewal of a permit. The renewal fee for a permit must be paid at the time the renewal permit is issued. A permit shall not be renewed if the clerk determines that grounds exist for the suspension or revocation of the applicant’s expiring permit. Nor shall a permit be renewed unless all sales, real, and personal property taxes payable by the permittee have been paid. A renewal of a commercial tour permit is also subject to the requirements of HBC 5.18.060. The clerk may mail permit expiration reminders to all current permit holders prior to expiration of the permits.

D. Before a permit is issued under this title, a permit applicant must first obtain a borough business license (except if the merchant/vendor has a fair vendor permit or a transient and itinerant merchant permit) and any other required state and/or local licenses or permits.

E. Vendors without a valid Haines Borough business license making sales at events taking place at the Southeast Alaska State Fairgrounds shall purchase a fair vendor permit, with the fee to be collected by the Southeast Alaska State Fair and remitted to the borough in lieu of a business license. (Ord. 18-08-506 § 6; Ord. 10-10-242 § 4; Ord. 05-02-097)

5.04.060 Investigation of application. Amended Ord. 18-09-512

The clerk may direct the chief of police or other borough official to investigate the facts stated in a permit application.

5.04.070 Grounds for issuance or denial of permit – In general. Amended Ord. 18-09-512

A. If an investigation of facts finds that the applicant has violated any applicable local, state, or federal law or regulation, the clerk may deny the application. The clerk shall notify the applicant in writing of the clerk’s determination and inform the applicant that the applicant may request a hearing per HBC 5.04.090.

B. No permit shall be granted to any applicant by the clerk until such applicant has complied with all the ordinances of the borough applicable to the activity for which application for permit is made. (Ord. 05-02-097)

5.04.080 Conditions applicable to all permits. Amended Ord. 18-09-512

A. A permittee is responsible for complying with all municipal, state, and federal ordinances, statutes, and regulations applicable to the permittee’s activities.

B. A permittee shall reimburse the borough for any damage to municipal property caused by the permittee or any of the permittee’s employees, agents, representatives, contractors, or customers during the course of the permittee’s activities under the permit.

C. Acceptance of a permit by the permittee shall constitute an agreement and acknowledgment by such permittee that the permittee shall indemnify and hold the borough and its elected and appointed officers and employees harmless from and against any and all loss, damage, or expense for any injury to or death of any person or persons or for damage to property, resulting from or arising out of any act or omission of such permittee or of any of the permittee’s employees, agents, representatives, or customers. The borough and its elected and appointed officers and employees make no representations concerning and assume no responsibility for or regarding any goods or activities sold by any permittee or by any of permittee’s employees, agents, representatives, or contractors.

D. Transferability.

1. A permit issued under this title, and any rights or privileges thereunder, may be assigned or transferred by the permittee, together with any right of renewal; provided, that such transfer includes the permittee’s entire business interest in activities conducted under the permit. The permittee’s business interest includes all assets used in the business conducted under the permit. The person to whom the permit was transferred shall be subject to permit renewal requirements.

2. No permit may be leased or rented to, nor may a permittee allow the permit to be used by, any person who is not an employee or contracted agent of the permittee.

3. A transferred permit shall not be valid, and the new permittee may not conduct any activities under the permit, until the permit has been reissued by the clerk after the clerk is satisfied that the new permittee will comply with all conditions in the permit and the applicable provisions of this title.

E. Limitations.

1. Period of Operation. A permittee may conduct business for the entire permit year unless otherwise specified by the permit.

2. Signage. Any signs must be in compliance with existing borough code. Where allowed for tours on public property, a sign must be portable and shall be removed from the designated area upon departure of the tour. A sign shall be no larger than four square feet and shall not hinder or obstruct pedestrian or vehicular traffic.

F. Fraud. Unfair competitive practices are strictly prohibited. A permittee who commits any act of fraud, misrepresentation, or cheating that would constitute an unlawful act or practice under AS 45.50.471, either through the permittee’s own act or through the acts of the permittee’s employee, agent, or representative, in relation to an activity authorized under the permit shall, upon conviction, be punished as provided in HBC 5.04.140.

5.04.090 Appeal from decision of clerk. Amended Ord. 18-09-512

A. If the clerk refuses to issue an initial permit or renew a permit, the clerk shall notify the applicant, in person or by mail, in writing, of the basis for the clerk’s decision. The applicant may appeal in writing to the manager within 15 days after the notice is given in person or mailed, as applicable. The manager shall hold a public hearing on the appeal as provided in HBC 5.04.100. After the appeal hearing, the manager may order that the permit:

1. Be issued;

2. Not be issued; or

3. Be issued subject to designated conditions.

B. An applicant may appeal the manager’s decision by following the procedures set out in HBC 5.04.110.

5.04.100 Hearing. Amended Ord. 18-09-512

The manager shall notify the applicant or permittee of the time and place for the public hearing. The time of the public hearing may not be more than 15 days after a written appeal is filed with the manager pursuant to HBC 5.04.090. The applicant or permittee shall be entitled to be represented by counsel secured at the applicant’s or permittee’s sole cost, to call witnesses in the applicant’s or permittee’s behalf, and to cross-examine other witnesses at the hearing. The manager shall render a decision in writing within 10 days after completion of the hearing.

5.04.110 Appeal from decision of manager. Amended Ord. 18-09-512

A. An applicant or permittee desiring to appeal a decision of the manager made pursuant to HBC 5.04.100 shall, within 15 days after the written decision is mailed to the applicant or permittee, file with the manager a written notice of appeal to the assembly. The notice of appeal shall state with particularity the order or decision from which the appeal is taken and the grounds of the appeal. The stated grounds will be the only issues considered by the assembly in the appeal.

B. Filing of a notice of appeal under this section will operate to stay a decision of the manager to deny renewal of a permit.

C. Upon receipt of the notice of appeal, the mayor shall set the date of the hearing before the assembly. The mayor shall notify the appellant of the time and place of the hearing. The notice of the appeal hearing shall be given to the appellant at least three days prior to the hearing.

D. After the appeal hearing, the assembly may modify, revoke, rescind, or affirm the order from which the appeal is taken, or may enter its own order. A decision of the assembly may be appealed to the proper court. (Ord. 05-08-121)

5.04.120 Revocation or suspension – Procedure. Amended Ord. 18-09-512

A. The manager may at any time revoke or suspend a permit issued under this title for the following reasons:

1. Substantial noncompliance with any term, condition or provision of the permit;

2. Violation of any provision of this title or other applicable local, state or federal law, ordinance, or regulation;

3. Upon a determination that the operation of the permittee is causing a hazard or a disruption of pedestrian or vehicular traffic;

4. Upon a determination that the permittee secured the permit through deceit, fraud, or intentional misrepresentation; or

5. That the area affected by the permit is required for another public purpose or for other reasons affecting the public safety or welfare.

B. The manager shall give the permittee written notice of the proposed revocation or suspension of the permit. If the manager determines that the reason for the revocation or suspension may endanger the public health or safety, or is based on repeated noncompliance, the revocation or suspension may take effect immediately. If the manager determines that the reason for the revocation or suspension does not endanger the public health or safety, or is not based on repeated noncompliance, the effective date of the revocation or suspension may be delayed until the date set for an appeal hearing before the assembly.

C. The permittee may appeal the decision of the manager to the assembly and request a public hearing by filing a written notice of appeal with the clerk not later than three days after receipt of the written notice of proposed revocation or suspension. Upon receipt of the notice of appeal, the clerk shall set the date of the hearing before the assembly. The clerk shall notify the appellant of the time and place of the hearing at least three days prior to the hearing. After the appeal hearing, the assembly may modify, revoke, rescind, or affirm the decision from which the appeal is taken, or may enter its own order.

If the permittee does not appeal the manager’s decision, the revocation or suspension shall become final at the end of the appeal period.

A decision of the assembly may be appealed to the proper court.

D. Revocation of a permit shall result in cessation by the permittee of all permitted activities during the year for which that permit is issued. Revocation of a permit on the grounds stated in (A)(1), (2), (3) or (4) of this section shall result in the loss of the privilege to have that permit renewed for the period of one year after the date the revocation is effective.

Suspension of a permit shall result in cessation by the permittee of all permitted activities until the manager notifies the permittee that the reasons for the suspension have been satisfactorily corrected or until the suspension is reversed by the assembly.

5.04.130 Fees designated. Amended Ord. 18-09-512

A. Application Fee. An applicant for a permit required by this title shall pay a nonrefundable application fee at the time of application in accordance with the following schedule:

Transient and itinerant merchant permit

$25.00

Fair vendor permit

$25.00

Commercial tour permit – Requiring a public hearing (permit has not been previously denied)

$125.00

Commercial tour permit – Not requiring a public hearing

$25.00

Commercial passenger or tour vehicle parking permit (per business)

$25.00

Commercial tour permit – Requiring a public hearing (permit has been previously denied)

$1,000

No additional fee is due for a permit in the year it is first issued.

B. Permit Renewal Fee. The annual renewal fee for a permit required by this title is the same as the application fee for that permit under subsection (A) of this section.

C. Refund of Permit Fee. A person who pays the $1,000 permit application fee required by subsection (A) of this section shall receive a refund of $875.00 upon issuance of the commercial tour permit.

D. Skier Day User Fee. Each commercial ski tour operator shall pay an annual nonrefundable fee in an amount equal to $5.00 per skier day used. The fee shall be paid no later than two weeks after the season ends for that year. (Ord. 14-03-371 § 4; Ord. 12-10-306 § 6; Ord. 10-10-242 § 5)

5.04.140 Penalties. Amended Ord. 18-09-512

A. Operation of any commercial tour or business enterprise for which a permit is required under this title without a permit, or the failure to follow any permit condition, shall constitute a minor offense punishable by a fine of $500.00 for each offense, unless a different amount is specified in HBC 1.24.040, plus any surcharge required to be imposed by AS 12.55.039.

B. The securing of a permit through deceit, fraud, or intentional misrepresentation shall constitute an offense punishable by a fine of $500.00, plus any surcharge required to be imposed by AS 12.55.039. The permit may also be revoked through administrative proceedings.

C. The commission by a permittee of an act of fraud, misrepresentation, or cheating that would constitute an unlawful act or practice under AS 45.50.471, either through the permittee’s own act or through the acts of the permittee’s employee, agent, or representative, in relation to an activity authorized under a permit, is punishable by a fine of $500.00 for each violation plus any surcharge required to be imposed by AS 12.55.039.

D. The borough may institute a civil action against a person who violates this chapter. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. On application for injunctive relief and a finding of a violation or a threatened violation, the superior court shall grant the injunction. (Ord. 16-09-443 § 5; Ord. 15-06-413 § 10; Ord. 12-10-306 § 5; Ord. 10-10-243 § 6)

5.04.150 Offenses separable. Amended Ord. 18-09-512

Each person who violates a provision of this title or a provision of any permit issued under this title commits a separate offense for each and every day during any portion of which any violation of any provision of any permit issued under this chapter is committed, continued or permitted by the person. A separate citation shall be issued for each day upon which a violation is alleged to have occurred. (Ord. 15-06-413 § 11; Ord. 10-10-243 § 7)

5.04.160 Initiation. Amended Ord. 18-09-512

A. Fines may be initiated by the borough manager or by any borough police officer by filing an original or copy of a charging document with the Alaska court system.

B. A citation, notice of violation or complaint must contain the following information:

1. The name or address of the alleged violator or violation;

2. Identification of the section of this code violated;

3. A brief description of the conduct or condition which is alleged to be in violation;

4. Identification or signature of the person filing the charge indicating that the manager or officer swears that the information is true and correct as of the date of the alleged violation;

5. The date of the alleged violation;

6. Proof of service in compliance with subsection (B) of this section, including the date of service;

7. Notice advising the alleged violator of his right to a hearing and the manner in which to request a hearing;

8. The penalty proposed pursuant to HBC 5.04.140 upon conviction or failure to request a hearing;

9. That the person has a right to:

a. A trial;

b. Engage counsel;

c. Confront and question witnesses;

d. Testify; and

e. Subpoena witnesses on the person’s behalf.

C. A citation, notice of violation or complaint may be served:

1. In person;

2. By first class mail, with return receipt requested, to the last known address of the alleged violator or person responsible for the alleged violation;

3. By affixing the charging document to the property that is the subject of the violation in the case of movable property; or

4. By delivery to the authorized representative of the alleged violator or person responsible for the alleged violation.

D. Any person charged with a violation shall appear for arraignment at the time and place designated on the citation. (Ord. 10-10-243 § 7)