Chapter 10
BUSINESS LICENSING
10-3. State licensed businesses.
10-5. Conditions for issuance and revocation.
10-11. Transferability; misuse.
10-1 License required.
No person shall engage in, or be engaged in, the operation, conduct or carrying on of any trade, profession, business or privilege without first obtaining a license from the township in the manner provided for in this chapter.
(Ord. No. 182, § 2, 3-1-1995)
10-2 Multiple businesses.
The granting of a license to any person operating, conducting or carrying on any trade, profession, business or privilege which contains within itself or is composed of trades, professions, businesses or privileges, shall not relieve the person to whom such license is granted of the necessity of securing additional licenses for each individual, trade, profession, business or privilege.
(Ord. No. 182, § 3, 3-1-1995)
10-3 State licensed businesses.
The fact that a license or permit has been granted to any person by the state to engage in the operation, conduct or carrying on of any trade, profession, business or privilege shall not exempt such person from the necessity of securing a license from the township under this chapter.
(Ord. No. 182, § 4, 3-1-1995)
10-4 License application.
Every person required to obtain a license from the township to engage in the operation, conduct or carrying on of any trade, profession, business or privilege shall make application for said license to the township clerk upon forms provided by the township clerk, and shall state under oath or affirmation such facts as may be required for or applicable to the granting of such a license.
(Ord. No. 182, § 5, 3-1-1995)
10-5 Conditions for issuance and revocation.
(a) No license required by this chapter shall be issued to any person who is required to have license or permit from the state, until such person shall submit evidence of such state license or permit, and proof that all fees appertaining thereto have been paid. No license shall be granted to any applicant therefor until such applicant has complied with all of the provisions of all township ordinances applicable to the person and his trade, profession, business or privilege including, but not limited to, zoning, building, construction, electrical, mechanical, heating and/or fire protection. No license shall be issued to any person who is indebted or obligated to the township for any sum of money, other than for current taxes.
(b) No license shall be issued to any person or business who is engaged in a trade, profession, business or privilege that violates federal or state law, or township ordinance. Any license issued hereunder may be revoked at any time by the township in the event the provisions of this chapter have been violated, including but not limited to the conduct of trade, profession, business or privilege that violates federal or state law or township ordinance.
(Ord. No. 182, § 6, 3-1-1995; Ord. No. 228, 10-17-2011)
10-6 Right to issuance.
If the application for any license is approved by the township clerk, as provided in this chapter, said license shall be issued by the township clerk or such other person as is designated to issue such license by the township board.
(Ord. No. 182, § 7, 3-1-1995)
10-7 Fee.
(a) All licenses issued by the township under this chapter shall be annual licenses. The license year shall begin January 1 of each year and shall terminate at 12:00 midnight on December 31 of that year.
(b) No license to commence a business shall be issued until the owner or operator thereof shall have first submitted an application to the township on a form provided by the township for such purpose. A business license fee to be established by the township board and from time to time amended by the board upon resolution, shall accompany the application.
(c) Upon the filing of a properly completed application and upon payment of the business license fee, the township shall issue a license to the person to commence the business designated in the application if the business complies with the terms of this chapter.
(d) An original license shall be issued for the balance of any remaining license year, at the full license fee.
(Ord. No. 182, § 8, 3-1-1995; Ord. No. 204, § 8, 5-5-2005; Ord. No. 208, § 8, 3-3-2006)
10-8 Exemption from fee.
No license fee shall be required from any person exempt from such fee by state or federal law. Such person shall comply with all other provisions of this chapter, and other provisions of the township ordinances relating to licenses or permits. The township clerk shall, in all such cases, issue to such person licenses which are clearly marked as to the exemption and the reason therefor.
(Ord. No. 182, § 9, 3-1-1995)
10-9 Term; renewal.
(a) No license to continue a business (a renewal license) shall be issued until the owner or operator thereof shall have first submitted a renewal application to the township on a form provided by the township for such purpose. The licensee shall apply for his renewal license no later than the expiration of his current business license. A business license renewal fee to be established by the township board, and from time to time amended by the board upon resolution, shall accompany the renewal application.
(b) Upon the filing of a properly completed renewal application and upon payment of the renewal fee, the township shall issue a renewal license to the person to continue the business designated in the application if the business complies with the terms of this chapter. A renewal license shall be issued for the balance of any remaining license year, at the full renewal license fee.
(c) An application for renewal of a license shall be considered in the same manner as the original application. The licensee shall produce his current license for examination when applying for the renewal of the license.
(d) Any person not renewing his business license before February 1 of the succeeding calendar year after the expiration of his business license shall be charged with a violation of the township’s municipal civil infraction ordinance.
(Ord. No. 182, § 10, 3-1-1995; Ord. No. 208, § 10, 3-3-2006)
10-10 Exhibition of license.
No licensee shall fail to carry any license issued in accordance with the provisions of this chapter upon his person at all times when engaged in the operation, conduct or carrying on of any trade, profession, business or privilege for which the license was granted; except that where such trade, profession, business or privilege is operated, conducted or carried on in a fixed place or establishment, said license shall be exhibited at all times in some conspicuous place in the place of business. Every licensee shall produce his license for examination when applying for renewal thereof, or when requested to do so by the township ordinance enforcement officer, or by any other person designated by the township board.
(Ord. No. 182, § 11, 3-1-1995)
10-11 Transferability; misuse.
No license issued under the provisions of this chapter shall be transferable. No licensee shall transfer or attempt to transfer his license to another, nor shall he make any improper use of the same.
(Ord. No. 182, § 12, 3-1-1995)
10-12 Penalty.
(a) A violation of this chapter is deemed to be municipal civil infraction pursuant to MCL 42.21, and any person or entity violating this chapter is responsible for a municipal civil infraction and subject to the fines and costs to be levied in accordance with the schedule of municipal civil infraction fines determined by the township board, as amended from time to time, and which shall be posted at the Municipal Ordinance Violations Bureau located at the Port Huron Township Hall, 3800 Lapeer Rd., Port Huron, MI.
(b) A violator of this chapter shall also be subject to such additional civil fines, costs, damages, expenses or judicial orders as may be authorized under MCL 600.8727.
(c) Each day violation of this chapter continues to exist constitutes a separate violation.
(Ord. No. 182, § 14, 3-1-1995; Ord. No. 204, § 14, 5-5-2005; Ord. No. 208, § 10, 3-3-2006)