Chapter 5.04
PERMIT APPLICATION PROCESS

Sections:

5.04.010    Reserved.

5.04.020    Reserved.

5.04.030    Reserved.

5.04.040    Reserved.

5.04.050    Permit application.

5.04.060    Investigation of application.

5.04.070    Grounds for issuance or denial of permit – In general.

5.04.080    Reserved.

5.04.090    Appeal from decision of clerk.

5.04.100    Hearing.

5.04.110    Appeal from decision of manager.

5.04.120    Revocation or suspension – Procedure.

5.04.130    Fees designated.

5.04.140    Reserved.

5.04.150    Reserved.

5.04.160    Reserved.

5.04.010 Reserved.

Repealed by Ord. 18-09-512.

5.04.020 Reserved.

Repealed by Ord. 18-09-512. (Ord. 18-08-506 § 5; Ord. 14-08-390 § 4; Ord. 10-10-243 § 5; Ord. 05-03-098)

5.04.030 Reserved.

Repealed by Ord. 18-09-512.

5.04.040 Reserved.

Repealed by Ord. 18-09-512.

5.04.050 Permit application.

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 under this title 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. All permits shall indicate the date of expiration on the permit. A permit may be renewed and reissued 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 tax reports have been submitted and all business sales, real, and personal property taxes owed to the borough and 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.

C. 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.

D. 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. 18-09-512 § 12; Ord. 18-08-506 § 6; Ord. 10-10-242 § 4; Ord. 05-02-097)

5.04.060 Investigation of application.

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.

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 Reserved.

Repealed by Ord. 18-09-512.

5.04.090 Appeal from decision of clerk.

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.

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.

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.

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(s). 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. Unless otherwise provided, revocation of a permit on the grounds stated in subsection (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. After revocation, any application shall be treated as a new application.

E. Suspension of a permit shall result in cessation by the permittee of all identified 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. A suspension may be conditioned on correction of a status or condition of a person or a vehicle. (Ord. 18-09-512 § 14)

5.04.130 Fees designated.

A. Application Fee. An applicant for a permit required by this title shall pay the nonrefundable application fee at the time of application.

B. Transient and itinerant merchant permit as well as fair vendor permit fees shall be $25.00 per year.

C. Special event fees shall be determined by the manager.

D. Permit Renewal Fee. The annual renewal fee for a permit required by this title is the same as the application fee for that permit. (Ord. 18-09-512 § 15; Ord. 14-03-371 § 4; Ord. 12-10-306 § 6; Ord. 10-10-242 § 5)

5.04.140 Reserved.

Repealed by Ord. 18-09-512. (Ord. 16-09-443 § 5; Ord. 15-06-413 § 10; Ord. 12-10-306 § 5; Ord. 10-10-243 § 6)

5.04.150 Reserved.

Repealed by Ord. 18-09-512. (Ord. 15-06-413 § 11; Ord. 10-10-243 § 7)

5.04.160 Reserved.

Repealed by Ord. 18-09-512. (Ord. 10-10-243 § 7)