07-28-2025 - Agenda Packet City Council - regular meeting

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BUSINESS, LICENSING, LIQUOR REGULATION Sec. 4.04.140. Moral character. (a) In this Code, the phrase "good moral character" shall be construed to mean the propensity of the person to serve the public in the licensed area in a fair, honest and open manner. (b) A judgment of guilt in a criminal prosecu- tion or a judgment in a civil action shall not be used in and of itself as proof of a person's lack of good moral character. It may be used as evidence in the determination, and when so used, the person shall be notified and shall be permitted to rebut the evidence by showing that: (1) At the current time, he has the ability to, and is likely to, serve the public in a fair, honest and open manner; and (2) He is rehabilitated, or that the substance of the former offense is not reasonable related to the occupation or profession for which he seeks a license or permit. (Code 2003, § 26-34) Sec. 4.04.150. License fees. All licenses provided for in this article shall be issued only upon payment in full of license fees fixed and determined by resolution. (Code 1984, § 5.04; Code 2003, § 26-35) Sec. 4.04.160. Carrying or posting. All solicitors shall, at all times when so engaged, carry their license on their person. All other licensees shall post their licenses in their place of business near the licensed activity. However, in the case of machine or other device licensing, the city may provide a sticker for the current license year which shall be affixed to each machine or device requiring such sticker. All licensees shall display their licenses upon demand by any officer or citizen. (Code 1984, § 5.05; Code 2003, § 26-36) Sec. 4.04.170. Penalty for property owner. It is unlawful for any person to knowingly permit any real property owned or controlled by § 4.04.210 him to be used, without a license, for any busi- ness for which a license is required by this article. (Code 1984, § 5.06; Code 2003, § 26-37) Sec. 4.04.180. Responsibility of licensee. The conduct of agents or employees of a licensee, while engaged in performance of their duties for their principal or employer under such license, shall be deemed the conduct of the licensee. (Code 1984, § 5.07; Code 2003, § 26-38) Sec. 4.04.190. Conditional licenses. Notwithstanding any provision of law to the contrary, the council may, upon a finding of the necessity for such action, place such conditions and restrictions upon a license as it, in its discretion, may deem reasonable and justified. (Code 1984, § 5.08; Code 2003, § 26-39) Sec. 4.04.200. Renewal of licenses. Applications for renewal of an existing license shall be made at least 60 days prior to the date of expiration of the license and shall contain such information as is required by the city. This time requirement may be waived by the council for good and sufficient cause. (Code 1984, § 5.09; Code 2003, § 26-40) Sec. 4.04.210. License denial and fixing rates; hearing. (a) Right to deny. The council reserves to itself the right to deny any application for a license to operate any business licensed or regulated under this article where such business involves service to the public, rates charged for service, use of public streets or other public property by the applicant or the public, or the public health, safety and convenience. The council may also consider the location of such business in making such determination. However, before making such determination, the council shall hold a public hearing pursuant to such notice to interested parties and the public as it may deem necessary or proper in action calling for such hearing. CD4:7