ARTICLE II. LICENSING GENERALLY

26-36 License, permit, registration, or certificate required for business and occupations.

No person shall, directly or indirectly, operate, conduct, maintain or manage any business, trade, occupation or premises without first procuring such license, permit, registration, or certificate through the LPR bureau in the manner prescribed in this chapter.

(Code 1985, § 8-1; Ord. No. 2089, 1-14-99)

26-37 Reserved.

Editor’s note—Ord. No. 2089, adopted Jan. 14, 1999, renumbered §§ 26-37 and 26-38 as §§ 26-38 and 26-39, and amended said sections to read as herein set out. To maintain continuity of Ord. No. 2089 and its incorporation into this Code, § 26-37 was set out as reserved while former § 26-39, pertaining to state law compliance prerequisite to issuance, and deriving from Code 1985, § 8-4, was deleted according to Ord. No. 2089.

26-38 State license not exempt.

The fact that a license has been granted to any person by the state to engage in the operation, conduct, maintenance or management of any business, trade, occupation or premises shall not exempt such person from the necessity of procuring a license from the city, if such license is required by this article, or any other provision of this Code.

(Code 1985, § 8-2; Ord. No. 2089, 1-14-99)

26-39 Expiration date.

(a)    The license year shall terminate at midnight, one year after the date of issuance.

(b)    The expiration date of each license shall be indicated on the face thereof.

(Code 1985, § 8-3; Ord. No. 2089, 1-14-99; Ord. No. 2259, § 1, 4-25-12; Ord. 2267, § 1, 8-7-12)

26-40 Provisions complementary and supplemental.

(a)    No license shall be granted to any applicant until such applicant has complied with all the provisions of this article and every other provision of this Code pertaining to the business for which application for the license is made.

(b)    Unless a different procedure is specified for a particular license issued in this article, every license application for a business license under this article shall be submitted to the Administrator of the Building and Safety Engineering Division, Community Development Department, referred to in this article as “the Administrator,” who then shall refer such application to the appropriate designated licensing official, who shall cause all inspections and investigations to be made to ascertain if the premises for which the license is sought are in a safe, sound and sanitary condition and in compliance with all applicable provisions of state law and City ordinance. The following inspections and investigations shall be made and reports filed with the Administrator within ten days of the date of application:

(1)    The Administrator shall ascertain whether or not the proposed location of the business is in compliance with all applicable building and zoning codes and ordinances.

(2)    The fire services provider shall ascertain whether the proposed location of the business is in compliance with all applicable fire laws.

(3)    The licensing committee may require an investigation of the application filed to ascertain whether or not the statements contained therein are accurate. The background of each applicant, partner and officer may be investigated to ascertain the existence of a criminal record which may prevent the issuance of a license under this article.

(4)    The City Treasurer’s office shall ascertain whether all taxes and assessments due the City from the applicant have been paid.

(5)    The Community Development Director shall ascertain whether all loans due the City from the applicant have been paid.

(c)    Unless otherwise provided in this article, no certificate shall be issued under this article without prior approval of the listed departments, divisions and any other agencies as prescribed:

(1)    Upon approval of an application, the business certificate of compliance or liquor renewal certificate of compliance shall remain as the licensee’s certificate to conduct business.

(2)    Upon disapproval of an application, the Administrator shall make aware to the applicant the reason for denying approval, the disapproving department, division or agency name, the personnel to contact and the chapter and section sited as a violation for noncompliance of said code.

(3)    If the applicant does not comply, after being made aware of code violations, the Administrator shall make known to the licensing committee any applications in noncompliance to be recommended to the licensing committee for denial, revocation, or suspension.

(4)    The licensing committee shall take action to deny, revoke or suspend any application in accordance with sections 26-43 and 26-44 as prescribed:

a.    The licensing committee may revoke or suspend a certificate under this article for any of the reasons set forth in section 1-24 or for any violation of this article or chapter, for disorderly or immoral conduct on the premises, or for the violation of any of the rules, regulations, ordinances and laws applying to chapter 26, Businesses. If a hearing is requested or required regarding denial, revocation or suspension of a license under this chapter it shall be held pursuant to section 1-24.

b.    The licensing committee shall also have the right to place the licensee under this article on probation for a specific period of time for any violation of this Code, prior to suspension or revocation of said certificate.

c.    Upon submission to the licensing committee of the request for suspension or revocation of a license, permit, registration or certificate issued pursuant to this article, if the licensing committee finds there to be a violation of this article on the premises, the licensing committee may:

1.    Upon the first finding of a violation on the certified premises or the licensed individual, establish a specific probationary period of time wherein compliance with this article and applicable regulations is to be continually maintained.

2.    Upon the second finding of a violation of this article on the certified premises or licensed individual by the Administrator:

i.    Suspend the license, permit, registration or certificate for a limited period of time.

ii.    Revoke the license, permit, registration or certificate.

d.    Nothing in this section shall be construed to prevent the licensing committee from taking an action out of the aforementioned sequential order, nor be construed to prevent prosecution under section 26-4 for each and every civil infraction.

e.    The licensing committee shall give notice of intention to take action against certification, license or licensee through the Administrator. Such notice shall set forth specifically the grounds of the complaint and the time and place of hearing. Service of such notice shall be made by either personal service or by certified mail, return receipt requested, to the licensee at the last known address, at least ten days prior to the date set for hearing regarding probation, revocation or suspension of the license, permit, registration or certificate.

f.    The Board of Appeals may reverse any determination to revoke, suspend or to establish a probationary period for any license, permit, registration or certificate under this article.

g.    No person shall operate any business under this article during any time when his license, permit, registration or certificate has been suspended or revoked.

h.    In case of probation, suspension or revocation of a license, permit, registration or certificate under this article, no portion of the license fee shall be returned to the licensee unless otherwise provided in this Code and/or in any ordinance of the city.

i.    Any probationary period, suspension or revocation of a license, permit, registration or certificate under this article shall be in addition to any penalty or fine as prescribed in this Code.

(Code 1985, § 8-5; Ord. No. 2089, 1-14-99; Ord. 2267, § 1, 8-7-12)

26-41 Fees; payment prerequisite to issuance.

No license shall be issued until the required fees have been paid. Such fees shall be set by city council resolution.

(Code 1985, § 8-6)

26-42 Exemptions from fees.

No license fee shall be required from any person exempt from payment of the fee by state or federal law. Such persons shall comply with all other provisions of this article or any other provision of this Code. The Administrator shall, in all such cases, issue to such persons licenses which are clearly marked as to such exemption and the reason therefor. The City Council may, in its discretion, waive any license fee for nonprofit organizations or individuals engaged in nonprofit enterprises upon the showing of hardship by any such organization or individual.

(Code 1985, § 8-7; Ord. 2267, § 1, 8-7-12)

26-43 Denial; revocation; suspension.

The issuance of licenses applied for under this article may be denied by the license committee and licenses issued may be revoked or suspended by the license committee at any time for the reasons set forth in section 1-24 and in accordance with the procedures contained therein, unless specifically provided for otherwise in this article.

(Code 1985, § 8-8; Ord. 2267, § 1, 8-7-12)

26-44 Hearing procedures.

Any person whose application for a license is denied shall have the right to a hearing before the Board of Appeals, provided a written request therefor is filed with the Administrator within ten days following the denial of the application for a license. The Board of Appeals may reverse any determination to deny the issuance of a license and the Board of Appeals may grant any license. No person shall operate any business during any time when his license therefor has been suspended, revoked or cancelled. Before a license issued pursuant to this article may be suspended or revoked, the notice and hearing procedures contained in section 1-24 shall be followed.

(Code 1985, § 8-9; Ord. 2267, § 1, 8-7-12)

26-45 Renewal considered as original application.

Unless otherwise provided in this article, an application for renewal of a license shall be considered in the same manner as an original application.

(Code 1985, § 8-10)

26-46 Carrying, display requirements.

No licensee shall fail to carry any license issued in accordance with the provisions of this article upon his person at all times when engaged in the operation, conduct or maintenance of any business for which the license was granted, except that whenever such business is operated, conducted or maintained at a fixed place or establishment, the license shall be displayed at all times in some conspicuous place in the business premises, and the licensee shall produce the license for examination when requested to do so by any city police officer or city inspector.

(Code 1985, § 8-11)

26-47 Vehicles and mechanical devices; tags, insignia, display requirements.

No licensee shall fail to conspicuously display on each vehicle or mechanical device or machine required to be licensed by this article such tags or insignia as may be furnished by the administrator and required by this article.

(Code 1985, § 8-12)

26-48 Display of license prohibited, when.

No person shall display any expired, suspended or revoked license, or any license for which a duplicate has been issued.

(Code 1985, § 8-13)

26-49 License nontransferable.

No license issued under the provisions of this article shall be transferable.

(Code 1985, § 8-14)

26-50 Separate premises.

Whenever any license is required to operate or conduct any business, trade or occupation, the required license fee shall be paid for each separate premises maintained by the licensee.

(Code 1985, § 8-15)

26-51 Application; form, contents.

Unless otherwise provided for in this article, application for license shall be made to the Administrator upon forms furnished by the Administrator and shall set forth the following information for determination of the applicant’s eligibility for licensing:

(1)    The type of license being applied for.

(2)    The address of the proposed business.

(3)    The name of the proprietor(s) of the proposed business. If the proposed business is owned by a partnership, then the names of all partners shall be listed. If the proposed business is owned by a corporation, then the articles of incorporation shall be submitted with the application together with proof that the corporation is registered with the state. If the corporation is a subsidiary of another corporation, then, in addition to the above, the articles of incorporation of the parent corporation shall be submitted. Names of all current officers in the applying corporation shall be included together with the application.

(4)    The home address and home telephone numbers of the proprietor, partners or officers of the applicant’s business.

(5)    The name of the owner of the building in which the proposed use is to be established.

(6)    Such other information as the licensing committee may require.

(Code 1985, § 8-17; Ord. 2267, § 1, 8-7-12)

26-52 Application of regulations.

(a)    It shall be unlawful for any person, either directly or indirectly, to conduct any business or enterprise, or to use in connection therewith any vehicle, premises, machine or device, in whole or in part, for which a license, permit, registration, or certificate is required by any rule, regulation, law or ordinance of this city, without said certificate or license therefore being first procured and kept in effect at all such times as required by this chapter or other law or ordinance of the city; inclusive of; but not limited to the following as defined in section 26-7:

(1)    Initial business certificate of compliance.

(2)    Business certificate of compliance.

(3)    Home occupation certificate of compliance.

(4)    Professional office certificate of compliance.

(5)    Nonprofit organization certificate of compliance.

(6)    Governmental agency certificate of compliance.

(7)    Vendors license, permit or registration.

(8)    Solicitors permit—Nonprofit.

(b)    The business certificate of compliance may contain the type of certificate issued, i.e., “amusement gallery certificate of compliance” to provide clarification of the type of business to be conducted in the city.

(c)    This chapter shall apply to all business in the nature of special sales for which a license, permit, registration, or certificate is required by any law or ordinance of this city and it shall be unlawful for any person, either directly or indirectly, to conduct any such sale except in conformity with the provisions of this chapter.

(1)    For the purpose of this chapter, any person shall be deemed to be in business or engaging in profit enterprise, and thus subject to the requirements of this chapter when he does one act of:

a.    Selling any goods or service;

b.    Soliciting business offering goods or services for sale or hire; or

c.    Acquiring or using any vehicle or any premises in the city for business purposes.

(2)    A license, permit, registration, or certificate shall be obtained in the manner prescribed herein for each branch establishment or location of the business engaged in, as if each such branch establishment or location were a separate business.

(3)    No license, permit, registration, or certificate shall be required of any person for any mere delivery in the city or any property purchased or acquired in good faith from such person at his regular place of business outside the city where no intent by such person is shown to exist to evade the provisions of this chapter.

(4)    The city’s LPR bureau shall issue a special registration to exclude the actual registration processing fee, to any person or organization for the conduct or operation of any nonprofit enterprise, either regularly or temporarily, when it is noted that the person or organization is exempt from payment of the fee by city, state or federal law. Such registration shall be clearly marked as to such exemption of processing fee and shall state the cost of said registration and the reason therefore.

a.    An applicant for a special registration shall submit an application therefor to the city LPR bureau, upon forms prescribed by the LPR bureau, and shall furnish such additional information and make such affidavits as required; i.e. charitable gaming division-state attorney general’s office 501(c)(3) NonProfit Status as provided by the state attorney general’s office.

b.    A person or organization operating under a special registration shall operate his nonprofit enterprise in compliance with this chapter and all other applicable rules and regulations except as provided herein.

(Ord. No. 2089, 1-14-99)

26-53 Duplicate license, permit, registration or certificate issuance.

A duplicate license, permit, registration or certificate, shall be issued by the LPR bureau to replace any previously issued, which has been lost, stolen, defaced, or destroyed, without any willful conduct on the part of the licensee, permittee or registrant, upon written request by the holder of a license, permit or registration attesting to such fact and the paying to the LPR bureau of a fee as set forth by city council resolution.

(Ord. No. 2089, 1-14-99)

26-54 Team inspection and certificate of occupancy required by Building Code.

Prior to operating any business or occupation in the City, and pursuant to the rules and regulations of the Building Code, a team of inspectors consisting of building, electrical, fire, licensing/zoning, mechanical and plumbing, or such combination as determined by the Community Development Director, shall inspect proposed premises to be operated as a business or occupation. In a multi-tenant facility that shares common hallways and doors, in addition to the area that will be occupied by the business, only the common areas of the balance of the facility need to be inspected. Fees for the team inspection shall be based on the number of inspectors and the size of the area being inspected.

Upon completion of said inspection, a written report will be forwarded to the applicant by the Department including any and all code violations, requirements for permits, and the requirements for work to be performed by licensed and registered contractors.

Upon completion of all work to correct code violations, the applicant is responsible for scheduling all final inspections to ensure issuance of the certificate of occupancy or compliance.

If an open, operating, and unlicensed business claims that they were unaware of the City’s business licensing provisions and can prove their existence and operation by providing three years of Federal, State, and City income tax returns, the unlicensed business can secure a business license without a team inspection, provided their location meets the zoning requirements and all other Federal, State, and City regulations. Such business will be required to pay all license fees due in arrears as if they were a new business for the first year and a renewal fee for all subsequent years, without additional penalty. Such amnesty period shall remain in effect until June 30, 2014.

(Ord. No. 2089, 1-14-99; Ord. 2267, § 1, 8-7-12; Ord. No. 2312, § 1, 8-16-13)

26-55 New certificate of occupancy required for any new tenant, owner or occupant of a business.

Regardless to the number of businesses located at one address or change of ownership of a preexisting business or change of location of a business; or any other circumstance that would require a new certificate of occupancy, as defined by the Building Code, the language referenced requiring state license and appurtenant fees in section 26-39 is and shall remain applicable to this section.

(Ord. No. 2089, 1-14-99; Ord. 2267, § 1, 8-7-12)

26-56 Contents of license, permit, registration, or certificate.

Each license, permit, registration, or certificate issued under this article shall state upon its face the following:

(1)    The name of the license, permit, registration, or certificate and any other name under which such business shall be conducted;

(2)    The business name and address of the location where business will be conducted;

(3)    The type of business to be conducted;

(4)    The amount of the fee for the license, permit, registration, or certification fee collected;

(5)    The date of issuance and the date of expiration of the license, permit, registration, or certificate; and

(6)    Such other information as the licensing committee may deem necessary for the administration and enforcement of this chapter.

(Ord. No. 2089, 1-14-99; Ord. 2267, § 1, 8-7-12)

26-57 Responsibilities of licensees, permittees or registrants.

(a)    General standards of conduct. Each license, permit, registration, or certificate under this chapter, shall:

(1)    Permit all reasonable inspections of the business by public authorities so authorized by law;

(2)    Comply at all times with governing laws and regulations applicable to such licensed, permitted, registered, or certified business;

(3)    Operate properly by avoiding all forbidden, improper, or unnecessary practices or conditions which do or may affect negatively the public health, safety, morals or welfare;

(4)    Upon notification of violations existing on the premises licensed, permitted, registered, or certified, the licensee, permittee or registrant shall correct all violations by the date given for correction or be liable for penalty fee and/or reinspection fee as set by city council resolution.

(5)    Cease and desist the operation of an unlicensed, nonpermitted, unregistrated, or uncertified business on premises after expiration of said license or certificate and during the period said license, permit, registration, or certificate is revoked or suspended and will be subject to the penalty provisions of this code.

(b)    Display of license, permit, registration, or certificate and/or insignia under this chapter, shall:

(1)    Post, maintain and display such license, permit, registration or certificate upon the premises in a prominent location where it may be plainly visible from public entrance into the business at all times. The licensee, permittee or registrant shall produce the same for examination when requested to do so by any city police officer or inspector;

(2)    Carry such license, permit, registration or certificate on his person when there is no business premises;

(3)    Conspicuously display on each vehicle required to be licensed by Code, such tags, plates or insignia furnished by the LPR bureau;

(4)    Not allow any license, permit, registration, certificate or special permit to remain posted, displayed or used after the period for which it was issued has expired, or when it has been suspended or revoked, or for any other reason has become ineffective. The license, permit, registration, or certificate shall be returned to the LPR bureau when suspended or revoked; and,

(5)    Not allow unlawful possession, loan, sell, give, or assign, to any other person, or allow any other person to use or display, or to destroy, damage or remove, or to have in his possession, except as authorized by the LPR bureau, or by law, any license, permit, registration, or certificate which has been issued.

(c)    A licensee, permittee or registrant moving to a new location within the city shall apply for a new license, permit, registration, or certificate and shall obtain the same before commencing business at the new location.

(Ord. No. 2089, 1-14-99)

26-58 Reserved.

Editor’s note—Ord. No. 2089, adopted Jan. 14, 1999, contained a gap between § 26-57 and § 26-59; therefore, the inclusion of § 26-58 was to maintain continuity of said ordinance’s incorporation into this Code, and was at the editor’s discretion.

26-59 City liquor renewal license constitutes a liquor renewal certificate of compliance.

Provisions of the amendment to chapter 10, known as Ordinance No. 2038, requiring that a state liquor licensed location apply annually and be reviewed by the city council for approval to the LCC; shall constitute a liquor renewal certificate of compliance for said state liquor licensed locations after meeting all requirements being set as stated below:

(1)    Terms of certificate or license;

(2)    Annual certificate or license review;

(3)    Revocation of certificate of license;

(4)    Procedure for denial, recommendation of nonrenewal, suspension, or revocation;

(5)    Criteria for nonrenewal or revocation;

(6)    Certificate or license approval procedures;

(7)    Approval of city departments; and,

(8)    Payment of obligations to the city.

(Ord. No. 2089, 1-14-99)

26-60 Constitutes conducting business.

Provision of this chapter provide that any business, occupation, organization, office, service, or person listed in the items below, but not limited to, constitutes conducting business and are enforceable by the provisions of this chapter.

Abstract offices

Accountant

Adult escort service

Adult foster care, child foster care, congregate group home, etc.

Advertising agencies

Ambulance services

Answering services

Apiarists (beekeepers)

Architects

Athletic events, contests, board of control and places

Attorney office

Automobile accessories

Automobile detailing

Automobile repairs

Automobile sales new

Automobile wash, hand and automatic

Bail bondsmen

Bakeries; sales and distribution

Banks, credit unions, savings and loans, etc.

Bar; bar/restaurant

Barber and beauty schools

Barbers and their shops

Barber supply stores

Beauty culturists and their shops

Beauty culturists supply stores

Bed and breakfast

Brokers, firms, dealers and securities

Cellular/mobile phone/beeper-pager sales

Cemeteries

Chiropractors

Clubs, private

Coal, lumber and fuel dealers and yards

Collection agencies, practices

Commercial reporting agencies

Cosmetology, cosmetologist and schools

Court reporters

Curio, gift, souvenir or tourist shops

Day care facility

Dental occupations

Dry cleaners, laundromat, self-service laundry

Employment agencies

Engine, boiler and elevator repair

Engineers, professional

Express companies

Busses and trains, and terminals and depots

Filling station, gas station

Financial advisors

Florist business

Foresters

Franchise, franchisee

Funeral contracts—prepaid

Gaming and gaming devices

Garage sales

Gasoline and oil transportation; storage and sales

Going-out-of-business sale

Grocery; food and produce business

Gyms, personal fitness trainers

Hearing aid dealers

Home occupation

Horologists, and repair (making and repairing timepieces)

Hospitals, nursing homes, adult foster care and agents

Hotel, motel, inn, room and board, rooming house

Insurance companies; agents and brokers

Interstate commerce

Land surveyors

Landscaping, lawn services; mowing, snow removal and maintenance

Law office

Lending libraries

Manufacturers

Marketing

Marriage/family counselors

Massage, masseur, masseuse

Meat, poultry and fish businesses

Medical doctors, office

Merchants, dealers, retailers and wholesalers

Milk and milk product businesses

Morticians

Nail salons

Newspaper agencies

Nonintoxicating beverage sales; wholesale or retail

Nurses

Nursing home administrators

Nursery workers

Occupational therapists

Occulist

Office; building operation, service

Optometrists

Organizations; nonprofit/profit

Osteopathic doctors

Packing houses

Pet shops

Pharmacist/pharmacy

Physical therapist/physical assistant

Podiatrist

Polygraph examiners

Precious metals and gems sales

Printing businesses

Private trade school, educators

Private detective or security agencies

Process servers

Professions: Accountants, architects, attorneys, chiropractors, community planner, doctors, dentists, nurses and therapists, druggists, engineers, professional land surveyors, nail technicians, manicurists, optometrists, ophthalmologist

Psychologist

Real estate agents, appraisers and brokers

Real estate sales or rentals offices

Restaurants and similar businesses

Retail sales and services, retailers

Rock, stone and gravel works, quarries, pits

Sanitarians

Scavengers, waste removal, dumps

Seafood sales by itinerant peddlers

Social work, workers

Solicitors—Nonprofit

Soil, land and sand excavating

Stock brokers

Tanneries

Tanning salons

Theaters, shows, motion pictures

Therapist

Trades: Building, maintenance and alterations, electrical, mechanical, plumbing

Trailer camps and sites

Undertakers and burial of the dead

Veterinarians, hospitals

Warehouses

With any state licensed and/or regulated occupation, business or organization, the holder of said state license shall register with the city, upon providing proof of state license to operate and conduct business in the city.

(Ord. No. 2089, 1-14-99)

26-61 Regulating the sale of food(s) and food items.

The Michigan Food Law of 1968, (Act No. 39 of 1968, as amended), the Michigan Self-Inspection Guide for the Retail Grocery Operator, 1987, as amended, the Oakland County Health Division of Public Health Section of Food Service Sanitation Act 368 of 1978, as amended, and the Oakland County “U.S. Department of Health, Education, and Welfare; A Model Food Service Sanitation Ordinance”, 1976, as amended; are hereby adopted by reference for the city.

Copies of the Michigan Acts are available through the Michigan Department of Agriculture. Copies of the county rules and regulations are available through Oakland County Environmental Health.

(Ord. No. 2089, 1-14-99)

26-6226-85 Reserved.