Secs. 13-1--13-15.  Reserved.

 

Sec. 13-16.  Levied.

 

Every person carrying on an occupation or business as herein mentioned, within the city limits, shall pay into the treasury of the city the sums named in section 13-17 as a special permit fee. 

 

Source:  Code 1962, § 5-1-1; Ord. No. 3500, § 3, 9-8-87

 

Sec. 13-17.  Fees.

 

(a)   Each circus operating within the city shall pay the fee set forth in Section 2-5 of this Code to the city; provided, however, that no fee shall be required of any circus operated by a nonprofit organization or a civic club.  All circuses shall provide the city with a certificate of insurance, naming city as an additional insured, in the following minimum amounts prior to commencing their operation within the city:

 

General Aggregate	$1,000,000
a. Bodily Injury/Property Damage	$1,000,000 each occurrence
b. Personal Injury Damage	$1,000,000 each occurrence
c. Contractual Liability	$1,000,000 each occurrence
d. Products Liability & Completed Operations	$1,000,000 each occurrence
e. Fire Damage	$   100,000 any one fire
f. Medical Expense	$       5,000 any one person

 

(b)   Carnivals, when held on public property, shall pay a permit fee as set forth in Section 2-5 of this Code; and in addition thereto, shall provide the city with a certificate of insurance, naming city as an additional insured, in the following minimum amounts prior to commencing their operation within the city:

 

General Aggregate	$1,000,000
a. Bodily Injury/Property Damage	$1,000,000 each occurrence
b. Personal Injury Damage	$1,000,000 each occurrence
c. Contractual Liability	$1,000,000 each occurrence
d. Products Liability & Completed Operations	$1,000,000 each occurrence
e. Fire Damage	$   100,000 any one fire
f. Medical Expense	$       5,000 any one person

 

Source:  Code 1962, § 5-1-2; Ord. No. 3209, §§ 10, 11, 5-7-84; Ord. No. 3243, § 1, 9-4-84; Ord. No. 3500, § 4, 5, 9-8-87; Ord. No. 4672, § 1, 8-4-03; Ord. No. 5135, § 9, 9-7-10

 

Sec. 13-18.  Issuance and transfer.

 

All permits provided for under the provisions of this article shall be issued and signed by the city clerk.  Permits shall specify the date when issued, the amount of money paid, the kind of permit issued, the name of the person receiving the permit and the length of time for which the same was issued.  The city clerk shall attest all permits with the seal of the city and deliver the same to the persons applying therefor, upon the production of a receipt signed by the city treasurer, for the proper sum of money required by this article.  No permit shall be transferable in any manner whatsoever. 

 

Source:  Code 1962, § 5-1-4; Ord. No. 3500, § 6, 9-8-87

 

Secs. 13-19--13-30.  Reserved.

 

Sec. 13-31.  Tax; annual fee.

 

(a)   A tax on the gross receipts received from the conducting of bingo within the city is hereby imposed in the amount as provided by Section 9-165 of the Nebraska Revised Statutes of 1943, as the same may be from time to time amended; in addition, there is provided an annual fee for those conducting bingo games, as provided by Section 9-166 of the Nebraska Revised Statutes of 1943, as the same may from time to time be amended.

 

(b)   Such tax shall be credited to the general fund of the city.  Such tax shall be paid to the clerk and the clerk shall transmit the tax to the treasurer of such subdivision.  The tax shall be remitted quarterly, not later than thirty (30) days from the close of the preceding quarter, together with such reports as may be required. 

 

Source:  Code 1962, § 5-13-6; Ord. No. 3209, § 13, 5-7-84

State law reference-Tax required, R.R.S. 1943, 9-165.

 

Secs. 13-32--13-40.  Reserved.

 

Sec. 13-41.  Definition.

 

The term "salvage yard," as used in this article, shall mean any business where: junk; scrap iron and metals such as gold, silver, brass, copper or tin; old machinery or parts thereof; car bodies and unuseable parts of motor vehicles; old tires or scrap rubber; rags; bones; paper; wreckage from old buildings; used or secondhand lumber; used or secondhand building materials or discarded material which may be treated or prepared so as to be used again in some form, are purchased, sold or exchanged. 

 

Source:  Code 1962, § 5-4-1; Ord. No. 3058, § 1(19), 3-1-82; Ord. No. 3243, § 2, 9-4-84

 

Sec. 13-42.  Permit.

 

(a)   No person shall engage in the salvage yard business without a permit, which permit shall be issued by the city clerk, upon payment to the city of a permit fee as set forth in Section 2-5 of this Code, which permit shall be good for one year only; the permit year shall be from May 1 to April 30.  Such permit may be revoked by the city council if any of the provisions of this article are violated by the permittee.  No more than one permit shall be granted to the same person during one permit year.  Permits may be renewed after review by the department of planning and community development.

 

(b)   No person to whom a permit shall have been granted under the provisions of this article, shall do business in more than one place under one permit.  Every permit shall state the place, and legal description of the real estate where such business is to be carried on, which shall be the place where junk is to be stored either inside or outside of any building located thereon and include the office building of said business.  The storage of junk, or doing business upon, any real estate other than that described in the permit shall be considered a violation of the terms of this article.  In case a permittee at the time of the issuance of his permit shall have any junk stored upon any real estate other than the particular real estate described in his permit, he shall remove the same therefrom within thirty (30) days after the issuance of his permit.

 

Source:  Code 1962, § § 5-4-2, 5-4-3; Ord. No. 3058, § 1(20), 3-1-82; Ord. No. 3209, § 9, 5-7-84; Ord. No. 3243, § 3, 9-4-84; Ord. No. 5135, § 9, 9-7-10

 

Sec. 13-43.  Obstruction of streets or sidewalks.

 

Storing, loading, unloading, and all other work usually per­formed in connection with a salvage yard business, shall be done and performed upon the premises of said business, and not upon the sidewalks, streets, or alleys adjacent thereto. 

 

Source:  Code 1962, § 5-4-6; Ord. No. 3058, § 1(20), 3-1-82

 

Sec. 13-44.  Nuisance declared.

 

The operation of any junk business within this city by any person engaged herein in violation of and contrary to any of the provisions of this article shall make such business a nuisance, which nuisance may be abated or enjoined by proper action in the courts of this state. 

 

Source:  Code 1962, § 5-4-8

 

Secs. 13-45--13-56.  Reserved.

 

Sec. 13-57.  Definitions.

 

(a)   Secondhand dealer as used in this article shall mean any person who shall engage in the business of buying, selling or dealing in secondhand clothing, jewelry, goods, wares or merchandise.  The provisions of this article shall apply to any garage sale or rummage sale that shall be conducted in excess of three (3) consecutive days in excess of two (2) consecutive weeks.  The provisions of this article shall not apply to dealers in secondhand automobiles or dealers whose sales are primarily sales of new goods and the handling of secondhand goods is only incidental thereto.

 

(b)   Antique dealer as used in this article shall mean any per­son who shall engage in the business of buying, selling or dealing in secondhand furniture or household goods.

 

(c)   Auctioneer as used in this article shall mean any person, whether acting for himself or as an agent of another, who sells at auction any goods, wares, or merchandise or interest therein, at any street stand or other place in the city, or in any way adver­tises or holds himself or herself out as auctioneer, or advertises any building, or room or rooms, as an auction building room, or rooms, for public patronage, or to receive any fees as a commis­sion for his services.  The provisions of this article shall not apply to anyone who shall be acting under the provisions of any state law or license issued by the State of Nebraska. 

 

Source:  Ord. No. 3243, § 4, 9-4-84

 

Sec. 13-58.  Permit--Required.

 

(a)  It shall be unlawful for any person to engage in business as a secondhand dealer, antique dealer or auctioneer, without first obtaining a permit therefor from the city clerk.  The fee for an annual permit to engage in the business of dealing in secondhand goods, antiques and/or auctioneering shall be as set forth in Section 2-5 of this Code. The city clerk shall authorize the issuance of an annual permit to engage in the business of dealing in secondhand goods, antiques and/or auctioneering upon payment of the required permit fee by the applicant therefor.  Every permit to engage in the business of dealing in secondhand goods shall state the place where such business is to be carried on.

 

(b)  Notwithstanding the provisions of subsection (a) of this section, any person engaging in the business of dealing in secondhand goods who acquires said goods by way of a gift or donation shall not be required to obtain a permit.

 

Source:  Ord. No. 3243, § 4, 9-4-84; Ord. No. 3534, § 1, 4-4-88; Ord. No. 4254, § 1, 4-7-97; Ord. No. 5135, § 9, 9-7-10

 

Sec. 13-59.  Permit--Assignment; restrictions.

 

Permits to engage in the business of dealing in secondhand goods, antiques and/or auctioneering shall be deemed personal to the permittee and shall not be assignable.  Every permit for the business of dealer in secondhand goods, antiques and/or auctioneering shall expire on April 30 of each year.  No person engaging in the business of dealing in secondhand goods, antiques and/or auctioneering shall be allowed to do business in more than one place under one permit. 

 

Source:  Ord. No. 3243, § 4, 9-4-84

 

Sec. 13-60.  Records to be kept.

 

(a)   For any property that is intended to be resold at a price of twenty-five dollars ($25.00) or more, a person or persons who engage in the business of secondhand goods, antiques and/or auctioneering shall maintain a ledger book, legibly written in ink, showing the purchases and acquisitions made by said person or persons showing the following information:

 

(1)        The date of the purchase;

 

(2)        The name and address of the person from whom the prop­erty was purchased or acquired;

 

(3)        The driver's license number or social security number of the person from whom the property was purchased or acquired;

 

(4)        An accurate description of the property purchased or acquired.

 

(b)   Every secondhand dealer, antique dealer and/or auctioneer or his or her employees shall allow a police officer at any reason­able time during normal business hours to examine the ledger required to be kept hereunder, and shall allow such police officer to place restriction on the disposition of any property for which a reasonable belief exists that it has been stolen. 

 

Source:  Ord. No. 3243, § 4, 9-4-84

 

Sec. 13-61.  Boosting bids.

 

It shall be unlawful for any auctioneer in the city to use or employ any scheme or plan such as by-bidding or other similar artifice for the purpose of inducing increased bids; or to have in his employ, either directly or indirectly, any person who shall make, or attempt to make, bids on any property being offered for sale by the auctioneer for the purpose of increasing the price to be paid for such property or for the purpose of causing or inducing other persons to increase their bids.

 

Source:  Ord. No. 3243, § 4, 9-4-84

 

Sec. 13-62.  Sale of mortgaged property.

 

Any auctioneer who shall sell any personal property, title to which is in a person other than such auctioneer's principal, or upon which there is a lien or mortgage duly recorded according to law, shall be liable to the owner or mortgagee of the property so sold to the extent of such owner's or such mortgagee's interest in such property for any damages resulting to such owner or mort­gagee by reason of such sale. 

 

Source:  Ord. No. 3243, § 4, 9-4-84

 

Secs. 13-63--13-69.  Reserved.

 

Sec. 13-70.  Definition.

 

As used in this article, the term pawnbroker shall mean any person engaged in the business of lending money upon chattel property for security or condition of returning the same upon payment of a stipulated amount of money, or purchasing prop­erty on condition of selling it back at a stipulated price. 

 

Source:  Ord. No. 3243, § 6, 9-4-84

State law reference-Pawnbroker defined, R.R.S. 1943, 69-201.

 

Sec. 13-71.  Permit and bond.

 

(a)   It shall be unlawful for any person to engage in business as a pawnbroker within the city, without first having obtained a permit for each such business.  The application for such permit shall contain the following information:

 

(1)       The name and address of the owner and the manager of the business;

 

(2)       If the applicant is a corporation, a copy of the articles of incorporation and the names of its officers and shareholders;

 

(3)       The exact location where the business is to be conducted; and

 

(4)       The exact location where any goods, wares, and merchandise may be stored or kept if other than the business location.

 

(b)   Such application shall be filed with the city clerk who upon the payment of a permit fee as set forth in Section 2-5 of this Code and the furnishing of a five thousand dollar ($5,000.00) surety bond conditioned for the faithful performance by the principal of each and all of the trusts imposed by law or by usage attached to pawnbrokers shall refer such application to the governing body, and upon approval by the governing body shall issue such permit.  Provided, however, that no permit shall be issued to any applicant who has been convicted of a felony or, if the applicant is a corporation, no permit shall be issued when any officer or shareholder has been convicted of a felony.  All permits shall expire on December 31 of each calendar year.  A person desiring the issuance or renewal of such a permit shall pay a fee as set forth in Section 2-5 of this Code to the city.

 

Source:  Ord. No. 3243, § 6, 9-4-84; Ord. No. 5135, § 9, 9-7-10

 

Sec. 13-72.  Records and place of business.

 

(a)   All persons who shall be engaged in the business of pawn­brokers, shall keep a ledger and complete a card following the format furnished by the city which shall be legibly written in ink, at the time of any loan or purchase, the following information:

 

(1)       The date of the loan or purchase;

 

(2)       The name of the person from whom the property is pur­chased or received, his signature, date of birth, and driver's license number or other means of identification;

 

(3)       A full and accurate description of the property purchased or received, including any manufacturer's identifying in­signia or serial number;

 

(4)       The time when any loan becomes due;

 

(5)       The amount of purchase money, or the amount lent and any loan charges, for each item; and

 

(6)       The identification and signature of the clerk or agent for the business who handled the transaction.

 

(b)   Entries shall not in any manner be erased, obliterated, or defaced.  The person receiving a loan or selling property shall receive at no charge a plain written or printed ticket for the loan, or a plain written or printed receipt for the articles sold, contain­ing a copy of the entries required by this section.

 

(c)   Every pawnbroker, or employee of a pawnbroker, shall admit to the pawnbroker's premises at any reasonable time during normal business hours any law enforcement officer for the pur­pose of examining any property and records on the premises, and shall allow such officer to place restriction on the disposition of any property for which a reasonable belief exists that it has been stolen.  Any person claiming an ownership interest in property received by a pawnbroker for which a reasonable belief exists that such property has been stolen may recover such property as provided by state statute. 

 

Source:  Ord. No. 3243, § 6, 9-4-84

 

Sec. 13-73.  Reports.

 

It shall be the duty of every such pawnbroker, every day except Sunday before the hour of twelve o'clock noon, to deliver to the police department of the city a legible and correct copy of each card or ledger entry required by section 13-72 for the transac­tions of the previous day.  Transactions occurring on Saturday or Sunday shall be reported on the following Monday.  No card shall be required for goods purchased from manufacturers or wholesale dealers having an established place of business, of goods pur­chased at open sale from any bankrupt stock or from any other person doing business and having an established place of busi­ness in the city, but such goods must be accompanied by a bill of sale or other evidence of open and legitimate purchase, and must be shown to any law enforcement officer when demanded.  Dealers in scrap metals, except gold, silver, copper and brass shall not be included in the provisions of this section.

 

Source:  Ord. No. 3243, § 6, 9-4-84

 

Sec. 13-74.  Storage and resale of property.

 

(a)   No personal property received or purchased by any pawn­broker shall be sold or permitted to be taken from the place of business of such person for fourteen (14) days or, in the case of secondhand jewelry, for five (5) days, after the copy of the card or ledger entry required to be delivered to the police department shall have been delivered as required by section 13-73.  Second­hand jewelry shall not be destroyed, damaged, or in any manner defaced for a period of seventy-two (72) hours after the time of its purchase or receipt.  For purposes of this section, jewelry shall mean any ornament which is intended to be worn on or about the body and which is made in whole or in part of any precious metal, including gold, silver, platinum or pewter.

 

(b)   All property accepted as collateral security or purchased by a pawnbroker shall be kept segregated from all other property in a separate area for a period of forty-eight (48) hours after its receipt or purchase, except that valuable articles may be kept in a safe with other property if grouped according to the day of purchase or receipt.  Notwithstanding the provisions of this sec­tion, a pawnbroker may return any property to the person pawn­ing the same after the expiration of such forty-eight-hour period or when permitted by the chief of police or other authorized law enforcement officer. 

 

Source:  Ord. No. 3243, § 6, 9-4-84

 

Sec. 13-75.  Violations.

 

Every broker, agent or dealer mentioned in this article who shall violate any of the provisions hereof, shall be guilty of an offense.  In addition, any permit issued pursuant to section 13-71 may be revoked or suspended if the holder of such permit violates any provision of state law classified as a misdemeanor or felony.  Before any permit may be revoked or suspended the holder shall be given notice of the date and time for a hearing before the governing body which issued the permit to show cause why the permit should not be revoked or suspended.  Such hearing shall be held within seven (7) days of the date of the notice. 

 

Source:  Ord. No. 3243, § 6, 9-4-84

 

Sec. 13-76.  Sale of goods.

 

It shall be unlawful for any pawnbroker to sell any goods purchased or received as described in section 13-70 during the period of four (4) months from the date of purchasing or receiving such goods. 

 

Source:  Ord. No. 3243, § 6, 9-4-84

 

Sec. 13-77.  Restrictions.

 

(a)   All persons who shall engage in the business of pawnbroker shall, in addition to the requirements of section 13-72, obtain and keep a single legible fingerprint of each person pawning, pledg­ing, mortgaging or selling any goods or articles.  The fingerprint shall be taken from the right index finger or, if the right index finger is missing, from the left index finger.  Each pawnbroker shall display a notice to customers, in a prominent location, stating that such pawnbroker is required by state law and city ordinance to fingerprint every person pawning or selling an item.

 

(b)   No pawnbroker shall accept as collateral security or pur­chase any property:

 

(1)        From any person who is under eighteen (18) years of age, or who appears to be under the influence of alcohol, nar­cotic drug, stimulant or depressant, or appears to be men­tally incompetent; or

 

(2)        On which the serial numbers or other identifying insignia have been destroyed, removed, altered, covered or defaced. 

 

Source:  Ord. No. 3243, § 6, 9-4-84

 

Secs. 13-78, 13-79.  Reserved.

 

Sec. 13-80.  Required.

 

Commencing January 1, 2017, there is hereby levied upon every person, firm, partnership, corporation, or association engaged in the business of offering or providing telecommunication services to the public for hire in the City of Norfolk a three (3%) occupation tax on the gross receipts from telecommunications services as defined in Nebraska Sales and Use Tax regulation 1-065 which are subject to City of Norfolk sales tax per the sourcing rule in Nebraska Local Sales and Use Tax regulation 9-001.04 as such regulations are changed from time to time.

 

Source:  Code 1962, § 5-21-1; Ord. No. 4897, § 1, 9-8-06; Ord. No. 5439, § 1, 11-21-16

 

Sec. 13-81.  Payments, penalties for late payment, etc.

 

(a)   The payment of the occupation tax herein levied shall be in quarterly payments, using the calendar quarter year as a basis for determining and computing the amount of tax payable.  Each quarterly payment shall be due forty-five (45) days after the termination of each calendar quarter year.  All payments of tax made after the due date shall draw interest at the rate of one percent per month and, after payment has been in default for six (6) months, a penalty of fourteen (14) per cent shall be added thereto in addition to the interest charges and shall be paid by the company or companies subject to this occupation tax.  Each succeeding payment may make such adjustment to be shown on the report hereinafter provided for as may be necessary for uncollectibles or any other matters which may have resulted in either an excess or deficiency in the amount of tax paid in any previous quarter.

 

(b)   The occupation tax herein levied shall be paid the treasurer at the time provided in this division and he or she shall issue and deliver his or her receipt therefor on the payment thereon, and the amount of payment shall be credited by the treasurer to the general fund or as otherwise directed by resolution.

 

Source:  Code 1962, § § 5-21-2, 5-21-5; Ord. No. 4926, § 1, 2-5-07

 

Sec. 13-82.  Reports and inspections.

 

(a)   All telephone companies at the same time as they make such quarterly payments of tax herein required shall file with the clerk a full, complete and detailed statement of the gross receipts subject to the occupation tax provided for in this divi­sion.  Said statement shall be duly verified and sworn to by the manager in charge of the business of the particular company in the city or by a higher managerial employee of such company, and the city shall have the right at any time to inspect through its officers, agents or representatives the books and records of such company for the purpose of verifying such reports.

 

(b)   If the telephone company shall refuse, fail or neglect to furnish or file such reports at the time required by this division or shall fail or refuse to permit the city to inspect the books and records of such company for the purpose of verifying such report or reports, then the occupation tax for the preceding quarter shall be twenty-five thousand dollars ($25,000.00); said amount shall be paid within forty-five (45) days following the end of the calendar quarter as required by herein, and said amount shall draw fourteen (14) per cent interest and penalties as further provided herein.

 

Source:  Code 1962, § 5-21-3

 

Sec. 13-83.  Lawsuits to collect.

 

In case any such company or companies shall fail to make payment of the occupation tax as herein provided at the times herein specified, the city shall have the right and may sue any such company or companies in any court of competent jurisdiction for the amount of the occupation tax due and payable under the terms and provi­sions of this division and may recover judgment against any such company or companies for the amount so due, together with fourteen (14) per cent interest penalties, and may have execution thereon.

 

Source:  Code 1962, § 5-21-4

 

Secs. 13-86--13-110.  Reserved.

 

Sec. 13-111.  Definitions.

 

For the purposes of this article, the following definitions shall apply:

 

(a)   Itinerant merchant shall mean every person, firm, partner­ship, corporation, association, receiver or trustee buying for the purpose of sale in any form or selling or offering to buy for the purpose of sale in any form or to sell in the city, at wholesale or retail, any goods, wares, merchandise or chattels of any descrip­tion and transporting the same by the use, upon any public highway, of a motor truck or trucks or any other vehicle or vehicles except as otherwise provided in this section.  The term does not include those engaged in the business of transporting property by motor vehicle for hire or operating vehicles in such business as agents, employees, lessees or contractors, and who do not act on the cargo transported, or interest therein, and who do not act for any party in the acquiring, purchase, sale or disposi­tion of the cargo transported.  In addition, itinerant merchant shall not mean or include, and there shall be exempt from the provisions of this section:

 

(1)       Those using such vehicles for the transportation of grain, fruits, vegetables, hay, livestock or other agricultural prod­ucts by them;

 

(2)       Those transporting products or property when such trans­portation is incident to a business conducted by them at an established place of business operated by them at an estab­lished place of business operated by them either within or without the city, and when the property is being trans­ported to and from the established place of business, and when the entire course of such transportation extends not more than two hundred fifty (250) miles from the established place of business; provided, that when the entire course of the transportation is for the purpose of delivery of the property subsequent to sale thereof, the two hundred fifty (250) miles restriction shall not apply;

 

(3)       Those using such vehicles for the transportation, sale and delivery at retail of any particular group of products hav­ing a common trademark, trade name or brand, as agents, employees, or retail dealers of the manufacturers or whole­sale distributors of such products through whom they mar­ket the same;

 

(4)       Those having the purpose of hauling products for the use of the owner of such vehicle, or for the use of others where no charge is made for the use of such vehicle, or those using vehicles in the exchange of work;

 

(5)       Those using such vehicles exclusively within the limits of the city and who are bona fide residents hereof;

 

(6)       Those using such vehicles for the transportation of live­stock bought or sold at any livestock market; and

 

(7)       The provisions of this section shall not apply to grain.

 

(b)   Peddler shall mean a person, or persons, traveling from place to place selling and delivering at the same time.

 

(c)   Person or persons shall mean any natural person and any firm, proprietorship, partnership or corporation.

 

(d)   Solicitor shall mean a person, or persons, who travel from place to place not carrying his goods with him, but taking orders for future delivery to the general public.

 

(e)   Street vendor shall mean a person, or persons, who travel from street to street upon public or private property, carrying, conveying or transporting such items as food, beverages, flowers and balloons, offering and exposing the same for sale by hand or from a mobile-type device such as a push cart.

 

(f)    Temporary merchant shall mean a person, or persons, who occupies a temporary, fixed location, and sells and delivers goods from stock on hand, and/or provides services, and does business in much the same manner as a permanent business.

 

Source:  Ord. No. 3331, § 1, 7-16-85; Ord. No. 5158, § 1, 4-18-11

 

Sec. 13-112.  Licenses and permits.

 

(a)   No itinerant merchant shall engage in business as such without:

 

(1)       Obtaining a sales tax permit as required by Section 77-2705, R.R.S. 1943, as amended; and

 

(2)       Paying any occupation tax or permit fee as set forth in Section 2-5 of this Code.  In addition, every person, partnership, firm or cor­poration desiring to engage in business as an itinerant merchant shall, before engaging in such business, make an application to the city clerk for an itinerant merchant's permit.  Such application shall be in the form pre­scribed by the city.  All applications shall set forth the name and address of the applicant, his or her post office or residence address, an exact description of the ve­hicle or vehicles to be used in the conduct of his or her business, and such other information as may be prescribed by the city.

 

(b)   All peddlers, solicitors, temporary merchants, and street vendors shall obtain a permit from the city clerk prior to engaging in any activities defined in section 13-111 of this article.

 

(c)    Each permit issued to a temporary merchant or street vendor shall be valid for no more than two (2) locations.

 

(d)   The permit and fees provided for under section 13-113 of this article shall not pertain to those persons whose entire profits from such activity are contributed to a charitable, religious or education organization, association or institution and/or those persons who conduct business in conjunction with a community festival or event. 

 

Source:  Ord. No. 3331, § 2, 7-16-85; Ord. No. 5189, § 1, 11-21-11; Ord. No. 5455, § 1, 2-21-17

 

Sec. 13-113.  Occupation taxes and permit fees.

 

Itinerant merchants, peddlers, solicitors, street vendors and temporary merchants shall pay the following occupation taxes or permit fees as follows:

 

(a)   Itinerant merchant.  Each itinerant merchant shall pay a permit fee as set forth in Section 2-5 of this Code along with an occupation tax for each vehicle to be used in his or her business, in the amount of fifty dollars ($50.00) per vehicle, per calendar year to the city clerk.  All fees and occupation taxes are nonrefundable.

 

(b)  Peddler or solicitor.  Each peddler or solicitor shall pay a permit fee as set forth in Section 2-5 of this Code.  In addition, each peddler or solicitor shall pay a permit fee as set forth in Section 2-5 of this Code per vehicle used by him or her.  Any person who shall transport, sell or deliver at retail of any particular group of products having a common trademark, trade name, or brand, as agents, employees or retail dealers of the manufacturers or wholesale distributors of such products through whom they market the same shall be exempt hereunder.

 

(c)   Street vendor or temporary merchant.  Each street vendor or temporary merchant shall pay a permit fee as set forth in Section 2-5 of this Code. This fee is nonrefundable.  In addition, each street vendor or temporary merchant shall pay a permit fee as set forth in Section 2-5 of this Code per vehicle used by him or her. 

 

Source:  Ord. No. 3331, § 3, 7-16-85; Ord. No. 5135, § 9, 9-7-10; Ord. No. 5189, § 1, 11-21-11; Ord. No. 5253, § 1, 5-6-13; Ord. No. 5455, § 2, 2-21-17

 

Sec. 13-114.  General requirements.

 

Itinerant merchants, peddlers, solicitors, street vendors and temporary merchants shall meet the following standards and conditions:

 

(1)       Provide personal identification including date of birth, driver's license number and/or other appropriate identification, to­gether with a recent photograph of the individual, or indi­viduals, who will be selling within the community.

 

(2)       Supply copies of any state or county licenses which are also required to operate or conduct activities proposed by the applicant.

 

(3)       Specify a local agent to receive complaints against the business.

 

(4)       List the names and identification of all individuals within the area who will be working for the applicant.

 

(5)       Provide a description of the merchandise or services offered for sale. 

 

Source:  Ord. No. 3331, § 4, 7-16-85; Ord. No. 5158, § 2, 4-18-11; Ord. No. 5189, § 1, 11-21-11

 

Sec. 13-115.  Special standards for itinerant merchants, peddlers and solicitors.

 

(a)  An itinerant merchant, peddler and solicitor shall limit their hours of operation to only those hours between 8:00 a.m. and 8:00 p.m.

 

(b)  No person, while engaged in the business of itinerant mer­chant, peddler or solicitor, shall enter uninvited into a private building, structure or room.

 

(c)  An itinerant merchant, peddler or solicitor shall perform the following requirements when soliciting door to door:

 

(1)       Within thirty (30) seconds after beginning the conversa­tion, the itinerant merchant, peddler or solicitor shall:

 

a.        Provide identification of both the person and whom the person represents;

 

b.        Explain the purpose of the person's call;

 

c.        Provide a description in commonly understood terms of the goods or services offered for sale; and

 

d.         Inquire whether the person being solicited is inter­ested in listening to a sales presentation and immedi­ately discontinue the solicitation if the person being solicited gives a negative response.

 

(2)       During the course of the solicitation, state the total cost of the goods or services offered for sale and the number, timing and amount of installment payments if payment on an installment basis is available to the person being solic­ited.

 

(3)        Carry on their person at all times while engaging in the activities defined in Section 13-111 of this article the permit issued to them as an itinerant merchant, peddler, or solicitor.

 

Source:  Ord. No. 3331, § 5, 7-16-85; Ord. No. 4422, § 1, 7-6-99;Ord. No. 5455, § 3, 2-21-17

 

Sec. 13-116.  Special standards for temporary merchants and street vendors.

 

A temporary merchant or street vendor shall adhere to the following additional standards and conditions:

 

(1)       If located on private property, the temporary merchant shall obtain a signed, written consent from the owner of the property which authorizes the temporary merchant to conduct business from the property.  A copy of said written consent shall be filed with the city clerk.

 

(2)       The temporary merchant or street vender shall obtain a written authorization from the police division to allow any sales of merchandise or services from public property.

 

(3)       The activities of the temporary merchant shall not impair or impede the proper flow of traffic on public or private property.

 

(4)       The activities of the temporary merchant shall not unduly restrict parking spaces on public or private property.  Any parking spaces which are customarily in use during normal working hours shall not be used as a location for a temporary merchant or street vendor.

 

(5)       Permits for temporary merchants and street vendors shall be displayed by the temporary merchant or street vendor in a visible location and they are required to show their permit to any customer or police officer upon request.

 

(6)       Temporary merchants shall comply with all zoning set­back requirements, and no sign, storage, display or sales of goods or services may take place in an area inside the required setback (front yard) area except as otherwise allowed in this subsection.  When adjacent real property closest to that side of the property on which a temporary merchant is conducting lawful business activities has a building that is located closer to the street than what is allowed by the setbacks applicable to the property on which the temporary merchant is located, then the temporary merchant shall be allowed to place its sign, storage, display or sales of goods or services in a location that is up to or even with the plane of the front of the building on the adjacent real property closest to that side of the property on which the temporary merchant is located.

 

(7)       Temporary merchants and street vendors shall comply with all vision clearance requirements set forth in Chapter 27, Article IX of this Code.

 

(8)       Signs for street vendors shall be of professional appear­ance and mounted upon the mobile-type device or push cart used for sales.  No accessory signs shall be permitted.

 

(9)       Temporary merchants are limited to the use of no more than two (2) signs which shall have a professional appearance and comply with the provisions of Chapter 27, Article XI of this Code.

 

(10)      Temporary merchants shall be located only on property that is currently being used for commercial or industrial purposes.

 

(11)      Temporary merchants shall not be located on property that is either zoned as residential or which property's primary use is residential.

 

(12)      Temporary merchants shall not be located on any area that is not hard-surfaced with concrete or asphaltic concrete as approved by the city engineer.

 

(13)      Temporary merchants shall comply with off-street parking space requirements set forth in Section 27-347 of this Code.

 

Source:  Ord. No. 3331, § 6, 7-16-85; Ord. No. 5158, § 3, 4-18-11; Ord. No. 5455, § 4, 2-21-17

 

Sec. 13-117.  Permit approval, authority and appeals.

 

The city clerk shall have the authority to approve or deny any application for a permit to be issued under this article.  Any application for a permit which is denied may be appealed to the city council.  The city council shall affirm or revoke the denial, or issue the permit on the basis of the evidence presented at the hearing.  All appeals must be made by submitting a formal request of an appeal to the city clerk, together with a nonrefundable processing fee as set forth in Section 2-5 of this Code.

 

A permit shall not be issued to any applicant where any of the following has been determined during the initial investigation and review of the application:

 

(1)       If the applicant has been convicted of a crime, the nature of which indicates a lack of honesty and reliability which would lead one to believe that future violations of the law could occur.  An example of such crimes would be theft, burglary, robbery, fraud, deceit or any other crime of violence.

 

(2)       Any previous history relating to the manner in which the applicant made door-to-door sales which resulted in a violation of the law.

 

(3)       Providing false information on the application form.

 

(4)       A failure to comply with any condition, standard or requirement of this article or any city, county or state regulation. 

 

Source:  Ord. No. 3331, § 7, 7-16-85; Ord. No. 5135, § 9, 9-7-10; Ord. No. 5189, § 1, 11-21-11

 

Sec. 13-118.  Parking for certain purposes prohibited.

 

(a)   It shall be unlawful for any person, who is not required to have a permit or pay an occupation tax under this article, to stand or display any animal, goods or merchandise whatsoever, upon the street or sidewalk, or terrace any vehicle displayed for sale without the prior consent of the mayor and city council; provided, however, that duly organized trade associations may apply for and receive consent for all members of their association.

 

(b)   It shall be unlawful for an owner or occupant or a place of business to allow any wagon, cart, carriage or other vehicle, whether left for safekeeping, repair, refueling or otherwise, to be or remain standing on the sidewalk, street or alley adjoining or in front of any such place of business.

 

Source:  Ord. No. 3331, § 8, 7-16-85

 

Sec. 13-119.  Penalty.

 

Any person identified within section 13-111 of this article who engages in activities within the city limits without having first paid the occupation tax or applied for and obtained the permit herein provided for or who violates any other of the provisions of this article shall be guilty of an offense and, upon conviction thereof, be punished by a payment of a fine of not less than fifty dollars ($50.00) for each and every offense.  Every day of a continuing violation shall be deemed a separate offense for the purposes of these penalties.

 

Source:  Ord. No. 3331, § 9, 7-16-85; Ord. No. 5189, § 1, 11-21-11

 

Secs. 13-120--13-140. Reserved.

 

Sec. 13-141.  Definitions.

 

For the purposes of this article the following definitions shall apply:

 

Distributor shall mean any person who engages in the business of selling, leasing, or delivering possession or custody of gambling devices for consideration to a person engaged in the occupation of conducting games of chance and/or lotteries.

 

Gambling device shall mean any and all machines or devices used by a person engaged in the occupation of conducting games of chance and/or lotteries.

 

Games of chance and/or lotteries shall mean those forms of gam­bling authorized by the State of Nebraska pursuant to Article III, Section 24 of the Constitution of the State of Nebraska.

 

Person engaged in the occupation of conducting games of chance and/or lotteries shall mean any person who operates, owns or is the lessee of a place of business where any game of chance and/or lottery activity is conducted, whether or not any other type of business is conducted on the premises; or, any person who either directly controls or manages the games of chance and/or lotteries, or owns any machine or device used to engage in the occupation of games of chance and/or lotteries, but does not sell, lease or deliver possession or custody of such a device to other persons. 

 

Source:  Ord. No. 3752, § 1, 10-15-90

 

Sec. 13-142.  Occupation tax imposed.

 

An occupation tax is hereby imposed on each person engaged in the occupation of conducting games of chance and lottery activi­ties within the City of Norfolk, Nebraska in the amount and manner specified in section 13-143.

 

Source:  Ord. No. 3752, § 2, 10-15-90

 

Sec. 13-143.  Amount of occupation tax for persons engaged in the occupation of conducting games of chance and lotteries.

 

The occupation tax for each person engaging in the occupation of conducting games of chance and lottery activities within the city of Norfolk, Nebraska shall be five (5) per cent of the gross receipts received by said person in each quarter of a calendar year. 

 

Source:  Ord. No. 3752, § 3, 10-15-90

 

Sec. 13-144.  Amount of occupation tax for distributor of gambling devices.

 

The occupation tax for engaging in the occupation of distrib­uting gambling devices within the City of Norfolk, Nebraska shall be five (5) per cent of the gross receipts received by a distributor in each quarter of the calendar year. 

 

Source:  Ord. No. 3752, § 4, 10-15-90

 

Sec. 13-145.  Permit requirement.

 

It shall be unlawful for any person to engage in the occupation of conducting games of chance or lottery activities without first obtaining a permit to do so. 

 

Source:  Ord. No. 3752, § 5, 10-15-90

 

Sec. 13-146.  Permit application.

 

Every person desiring a permit required by the provisions of this article shall make application to the city clerk.  Accompa­nying each application shall be:

 

(1)       A sworn statement by each designated supervising member that such member will be responsible for compliance with the rules and regulations for each occasion of games of chance and/or lotteries which he supervises.

 

(2)       A sworn statement by the member designated as respon­sible for the proper utilization of gross receipts that no commission, fee, rent, seller profits, compensation, reward or recompense shall be paid to any person or organization not sanctioned by the laws of the State of Nebraska and the City of Norfolk, Nebraska; and that all profits shall be spent for a lawful purpose. 

 

Source:  Ord. No. 3752, § 6, 10-15-90

 

Sec. 13-147.  Display of permit.

 

Every permit issued under the provisions of this article shall be conspicuously displayed at the place where the game of chance or lottery activity is conducted at all times during the conduct thereof. 

 

Source:  Ord. No. 3752, § 7, 10-15-90

 

Sec. 13-148.  Permit fee.

 

The permit fee for engaging in the occupation of conducting games of chance and lotteries within the City of Norfolk, Nebraska shall be as set forth in Section 2-5 of this Code for each location wherein such activity is conducted. 

 

Source:  Ord. No. 3752, § 8, 10-15-90; Ord. No. 5135, § 9, 9-7-10

 

Sec. 13-149.  Exemption.

 

Nonprofit organizations that desire to participate in games of chance and/or lotteries, that are in compliance with the Small Lotteries and Raffles Act of the State of Nebraska, are exempt from the provisions of this article. 

 

Source:  Ord. No. 3752, § 9, 10-15-90

 

Sec. 13-203.  Application for license.

 

Applications for horse-drawn carriage business licenses shall be made to the city clerk on forms provided by the city.  In addition to the other information required by this chapter, the application shall contain:

 

(1)       The name and address of the applicant.

 

(2)       A certificate that all carriages to be used for the transportation of persons have been inspected and are in good working order and in full compliance with all applicable state laws.

 

(3)       A routine route for the business which complies with Sec. 13-204.

 

(4)       A schedule of rates and charges to be made to passengers shall be on file with the city and shall not be changed without ten (10) days prior notice to the city.  The applications shall include a written agreement by the applicant to operate the business, if licensed, strictly in accordance with Sec. 13-205 and indemnify and hold harmless the city for all judgments, liens and expenses arising out of the operation permitted by the license.

 

Source:  Ord. No. 5184, § 1, 11-21-11

 

Sec. 13-204.  Carriage route and operation schedule.

 

(a)   Horse-drawn carriage businesses shall operate upon routine routes approved as provided in this section.  The route filed with the city shall contain the following:

 

(1)        A map of the routine routes on which the carriages will operate;

 

(2)        The location of the site or sites to be used for off-street storage, stabling and loading of carriages and horses.

 

(b)   The city shall refer the route requests to the chief of police who may reject any route that is unsafe or inappropriate use of public streets.

 

(c)   This section shall not be construed to prohibit transportation of passengers, pursuant to a contract, on other streets in the city for a non-recurring event.

 

Source:  Ord. No. 5184, § 1, 11-21-11

 

Sec. 13-205.  Operation of horse-drawn carriage business.

 

Horse-drawn carriage businesses shall operate only in accordance with the following regulations:

 

(1)       A copy of the horse-drawn carriage business license shall be displayed in all carriages used in such business.  The city, upon issuance of the license, shall issue the number of duplicates as requested in the application, for the carriages to be used under the business license.

 

(2)       Each horse-drawn carriage shall be operated by a person who is qualified by this article to be a driver.

 

(3)       Horse-drawn carriages, when in motion, shall be operated only in the curb-most traffic lane on any public street and the driver shall obey all applicable state and local traffic laws, ordinances, and regulations.

 

(4)       No horse-drawn carriage shall be operated on a public street unless a valid liability insurance policy as specified in Sec. 13-206 is on file with the city.

 

(5)       It shall be the duty of the driver of a horse-drawn carriage to inform any person hiring the carriage of all the rates and charges before any services are rendered, which shall be the same as those on file with the city.

 

(6)       Horse-drawn carriages shall pick up and discharge passengers only upon the curb lane.

 

(7)       Occupancy of a horse-drawn carriage shall not exceed the rated seating capacity of the carriage.

 

(8)       No passengers shall be allowed to ride on any part of the carriage while in motion except seated inside the carriage.

 

(9)       Drivers shall  not solicit patronage in a loud tone of voice or in any manner to annoy or obstruct the movement of a person, or follow any person for the purpose of soliciting patronage.

 

(10)     Drivers are prohibited from smoking while carrying passengers.

 

(11)     No person may drink any alcoholic liquor while such person is riding in or operating a horse-drawn carriage.

 

(12)     All horses shall wear either no horseshoes or the proper type of rubber horseshoe from April 1 to November 1.  Any form of cleated horseshoe is prohibited on public streets except when needed for icy conditions.

 

(13)     No carriage shall be operated on city streets unless it or the horse is equipped with a manure-catching device to hold manure until the operator is able to dispose of it or in lieu of a manure-catching device, in the event manure falls to the street surface, the manure must be immediately collected and removed from the street surface.

 

(14)     No person shall work any horse more than twelve (12) hours per day in the operation of the horse-drawn carriage business.

 

Source:  Ord. No. 5184, § 1, 11-21-11

 

Sec. 13-208.  Horse-drawn carriages.

 

(a)   No horse-drawn carriage shall be operated upon the streets of the city for transporting persons for hire or by contract unless licensed by the city.

 

(b)   A horse-drawn carriage shall comply with all applicable laws relating to the operation of motor vehicles on public rights of way.

 

(c)   Only vehicles constructed and equipped as follows may be licensed:

 

(1)        Carriages shall have no less than one and one-fourth (1 1/4) inch spoked wheels with a rubber covering thick enough to protect the streets from damage and to keep noise to a minimum;

 

(2)        All carriages shall be equipped with brakes, taillights and brake lights on the rear of the vehicle;

 

(3)        Carriages shall be equipped with front lights on both sides that will emit light to the front and side that will be visible from a distance of 500 feet;

 

(4)        Each carriage shall be equipped with a device to catch horse manure from falling on the pavement or with necessary equipment to immediately collect and remove manure that falls to the street;

 

(5)        Each carriage shall be equipped with a slow moving vehicle sign approved by the State of Nebraska and attached to the rear of the vehicle or two red flashing lights visible from the rear, in good operational order.

 

Source:  Ord. No. 5184, § 1, 11-21-11

 

Sec. 13-209.  Requirements for driver.

 

A driver shall:

 

(1)       Possess a valid, current, motor vehicle operator's license;

 

(2)       Be at least 16 years of age;

 

(3)       Be free of defective vision, defective hearing, and any other infirmities that would render him or her unfit for safe operation of a horse-drawn carriage.

 

Source:  Ord. No. 5184, § 1, 11-21-11

 

Sec. 13-210.  Denial, suspension and revocation.

 

(a)   Any denial of license application may be appealed within ten (10) days to the city administrator.

 

(b)   Any violation of this article by the holder of a license issued hereunder shall be grounds for suspension or revocation of the license by the city administrator after notice and hearing.

 

(c)   Any denial of a license application appeal by the city administrator or any license suspension or revocation by the city administrator may be appealed within ten (10) days to the city council.

 

Source:  Ord. No. 5184, § 1, 11-21-11

 

Sec. 13-230.  Application.

 

(a)        Form and content. An application for a permit under this article shall be filed with the Public Works Department, on a form provided by that Department. On or in addition to that form, an application shall include the following:

 

1.         The applicant's name, address, telephone number, and e-mail address, including emergency contact information for the applicant.

 

2.         The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the applicant with respect to the application.

 

3.         A description of the proposed work and wireless facility sufficient to demonstrate compliance with the criteria in this article.

 

4.         Any and all additional forms and necessary documentation for all permits required for the installation, maintenance, or operation of a small wireless facility, including but not limited to electrical permits, excavation permits, and certificates of approval for facilities within a landmark or historic district.

 

5.         If applicable, documentation or authorization from the owner of the utility pole or wireless support structure on or in which the wireless facility will be placed or attached, if not the city. Alternatively, a wireless provider may satisfy this requirement by providing an attestation with the application that all required approvals from third parties will be obtained before attaching to a utility pole or wireless support structure owned by a third party.

 

6.         Construction and engineering drawings regarding the proposed small wireless facility, and any associated equipment and utility pole or support structure. The drawings shall show the location, dimensions, elevations, equipment specifications, and attachment methods for the small wireless facility, all equipment, and the utility pole or support structure.

 

7.         For any new above ground wireless facilities, accurate visual depictions or representations, if not included in the construction drawings.

 

8.         A full description of any make-ready work to be performed by the city in preparation for the proposed installation and use of the small wireless facility, associated equipment and utility pole or wireless support structure.

 

9.         The application fee as required by this article.

 

10.       Bonds and insurance coverage as required in this article or by the City Code and as applicable to all users of the right-of-way.

 

11.       The application form shall include:

 

a.         Language providing for the indemnification of the city by the applicant, registrant and wireless provider as required by this article; and

 

b.         An attestation by the applicant that the small wireless facility shall be operational for use by a wireless services provider within nine months after the later of the completion of all make-ready work or the permit issuance date, unless a delay is caused by a lack of commercial power or communications transport facilities to the site, in which case the deadline shall be extended for up to nine months.  The city and applicant may mutually agree to an additional extension.

 

The applicant’s signature on and submittal of the application shall constitute agreement to subsections 11 a. and b. above.

 

(b)       Other information.  An applicant shall not be required to provide more information to obtain a permit than a communications service provider that is not a wireless provider, except as directly related to the impairment of wireless service in the immediate area of the proposed small wireless facility and except that an applicant may be required to include construction and engineering drawings and information demonstrating compliance with the Act.

 

(c)        Batching. An applicant seeking to collocate small wireless facilities may apply for more than one but no more than five small wireless facilities in a single application, provided that all information required by this article is provided for each separate small wireless facility. Provided full and complete information is submitted for each small wireless facility, a single set of documents may address more than one small wireless facility. Application fees shall be paid for each small wireless facility, as provided in this article. Each small wireless facility within a consolidated application is subject to individual review, except that the denial of one or more small wireless facilities in a consolidated application shall not delay processing of any other small wireless facilities in the same application or be a basis upon which to deny the consolidated application as a whole. A decision regarding all of the applicant's batched wireless facilities shall be rendered in a single administrative proceeding.

 

(d)       Replacement or modification. A permittee shall be required to file an application and pay an application fee for the proposed replacement or modification of an existing small wireless facility, antenna equipment, or associated utility pole or support structure. In such case, the application shall include updated drawings of the facilities showing such replacement or modification. Such proposed replacement or modification shall be reviewed and acted upon by the city as if it were an initial application. This subsection (d) does not apply to ordinary maintenance or repair, or to the replacement of a small wireless facility with a small wireless facility that is substantially similar in weight or windage or the same size or smaller, in which case no permit, application or fee is required.

 

(e)       Shot clocks. Except as otherwise provided in this subsection, the city shall act on a filed application, and all associated requests, on or before the expiration of the following State shot clock periods.

 

1.         The shot clock period for a small wireless facilities application is the sum of:

 

a.         Ninety days, plus an additional ten business days if requested in writing by the city prior to the expiration of the 90 days, plus

 

b.         Such additional number of days of the tolling period, if any, pursuant to subsection (e)(2) below.

 

2.         Unless a written agreement between the applicant and the city provides otherwise, the tolling period for an application, if any, is as set forth below:

 

a.         If the city notifies the applicant in writing on or before the twentieth day after submission that the application is incomplete, and specifically identifies the missing documents or information, the shot clock date calculation shall restart on the date the city notifies the applicant of the first finding of incompleteness. The applicant may resubmit the completed application within 30 days without additional charge.

 

b.         Subsequent findings of incompleteness shall further toll the shot clock from the time the city sends written notice of incompleteness until the time the applicant provides the missing information.  The application processing deadline also may be tolled by agreement of the applicant and the city.

 

c.         If the applicant submits new or additional documents or information that include material changes not otherwise required by the city, a new application and application fee shall be submitted.

 

d.         The city may extend the application processing deadline for a single period of ten business days if the city notifies the applicant in advance before the day on which approval or denial is originally due.  Upon mutual agreement between the applicant and the city, the city may extend the period for consideration of an application for thirty days.

 

3.         The shot clock deadline for an application is determined by counting forward, beginning on the day after the date when the application was submitted, by the number of calendar days of the shot clock period identified pursuant to this subsection (e); provided, that if the deadline calculated in this manner falls on a weekend or holiday, the deadline shall be the next business day after such date. The term "business day" means any day that is not a weekend day or holiday.

 

4.         An application shall be processed on a nondiscriminatory basis and deemed approved if the authority fails to approve or deny the application within 90 days after receipt of the application, or such longer period as permitted under this subsection (e).

 

5.         Notwithstanding the provisions above, pursuant to applicable FCC Orders, rulings and Federal law, the city shall act on a small wireless facility application for placement on an existing structure within sixty (60) days of the application submittal and on a small wireless facility application for placement on a new structure within ninety (90) days subject to application incompleteness and tolling. For the foregoing application types, the city must notify an applicant of application incompleteness within ten (10) days. If such a notification occurs, the corresponding shot clock will be reset one time and thereafter tolling provisions may apply.

 

6.         If Federal law changes regarding the placement of small wireless facilities on an existing structure or a new structure in the right-of-way, then the above time frames in (e)(5) will be automatically amended to reflect the new time period(s) without further action by the city.

 

(f)         Permit issuance. Approval of an application and issuance of any required permits, which shall include but not be limited to appropriate building, electrical or excavation permits, authorizes the permittee to maintain and operate the small wireless facilities and any associated utility pole covered by the permit for a period of five years, subject to applicable relocation requirements and the permittee's right to terminate at any time. The city shall renew such permit for an equivalent duration so long as the permittee complies with the criteria of this article as of the time the permit was issued.

 

(g)       Denial of application.  The city may deny a proposed collocation of a small wireless facility or installation, modification, or replacement of a utility pole that meets the requirements of this article only if the proposed application:

 

1.         Materially and demonstrably interferes with the safe operation of traffic control equipment or the right-of-way;

 

2.         Materially interferes with sight lines or clear zones for air or land transportation or pedestrians;

 

3.         Materially interferes with compliance with the federal Americans with Disabilities Act of 1990 or similar federal or state standards regarding pedestrian access or movement;

 

4.         Fails to comply with reasonable and nondiscriminatory spacing requirements of general application adopted by ordinance or resolution that concern the location of ground-mounted equipment and new utility poles. Such spacing requirements shall not prevent a wireless provider from serving any location;

 

5.         Fails to comply with applicable codes of general application that do not apply exclusively to wireless facilities;

 

6.         Fails to comply with the city’s aesthetic requirements that are reasonable and published in advance; or

 

7.         Designates the location of a new utility pole within seven feet in any direction of an electrical conductor unless the wireless provider obtains the written consent of the public power supplier that owns or manages the electrical conductor.

 

(h)       Documentation of reason for denial.  The city will document the basis for a denial, including the specific code provisions on which the denial was based, and send the documentation to the applicant on or before the day the city denies an application. The applicant may cure the deficiencies identified by the city and resubmit the application within 30 days of the denial without paying an additional application fee. The city will approve or deny the revised application within 30 days.  Any subsequent review will be limited to the deficiencies cited in the denial.

 

(i)         Scope and effect of approval.  Installation or collocation for which a permit is granted pursuant to this article shall be completed within one year of the later of the completion of all make-ready work or the permit issuance date unless a delay is caused by the lack of commercial power or communications transport facilities at the site.  In such case the applicant shall have an extension of up to nine months. The city and the applicant may also agree to an additional extension. Applications for collocations on utility poles owned, managed, or operated by the city shall be processed in a manner consistent with the Act. Approval of an application authorizes the applicant to:

 

1.         Undertake the installation or collocation; and

 

2.         Operate and maintain the small wireless facilities and any associated utility pole covered by the permit for a period of not less than five years, subject to applicable relocation requirements and the applicant’s right to terminate at any time, which must be renewed for equivalent durations so long as they are in compliance with the criteria set forth in this article as such criteria existed at the time the permit was granted.

 

(j)         Authority granted; no property right or other interest created.  An approval by the city authorizes an applicant to undertake only certain activities in accordance with this article and does not create a property right or grant authority to the applicant to impinge upon the rights of others who may already have an interest in the right-of-way, utility easement or other privately owned property.

 

Source:  Ord. No. 5678, § 1, 09-08-2020;

 

Sec. 13-232.  Make-ready work.

 

(a)       The rates, fees, terms, and conditions for make-ready work to collocate on a city pole shall be nondiscriminatory, competitively neutral, and commercially reasonable and shall reimburse all reasonable costs incurred by the city in compliance with the Act.

 

(b)       The city shall provide a good faith estimate for any make-ready work necessary to enable the city pole to support the requested collocation by an applicant, including pole replacement if necessary, within one hundred twenty days after receipt of a completed application. Make-ready work, including any pole replacement, shall be completed within ninety days after written acceptance of the good faith estimate by the applicant. The city may require replacement of the city pole only if it determines and provides details indicating that the collocation would make the city pole structurally unsound.  The city shall have the option to require the applicant to order and install any replacement poles when necessary.

 

(c)       The person owning, managing, or controlling the city pole shall not require more make-ready work than required to meet applicable codes or industry standards. Fees for make-ready work shall not include costs related to known preexisting or prior damage or noncompliance. Fees for make-ready work, including any pole replacement, shall not exceed actual costs or the amount charged to other communications service providers for reasonably similar work and may include reasonable consultant fees or expenses.

 

(d)       For purposes of this Section, make-ready work generally refers to the modification of utility poles or lines or the installation of guys and anchors to accommodate additional facilities.

 

Source:  Ord. No. 5678, § 1, 09-08-2020;

 

Sec. 13-234.  Design, safety and aesthetic standards within the rights-of-way.

 

(a)       Standards.  All deployments of small wireless facilities within the city’s rights-of-way must conform to the design and aesthetic standards set forth in this article and as they may be hereafter adopted by the city so long as they are reasonable and published in advance.

 

(b)       City’s Right to Propose Alternative.  With regard to the placement of a utility pole in the right-of-way, the city reserves the right to propose a technically feasible alternate to the location proposed in the application, and the wireless provider shall cooperate with the city to address the city’s reasonable proposal.  The city shall not require the placement of small wireless facilities on any specific utility pole or category of poles or require multiple antenna systems on a single utility pole.

 

(c)       Lighting.  Small wireless facilities may not be illuminated except as otherwise required for compliance with state or federal regulations.  To the extent technically feasible, any lights associated with electronic equipment must be down-shielded from public view.  This subsection does not prohibit deployments on streetlight poles, nor does it prohibit the installation of deployments designed to look like streetlight poles.

 

(d)       Color.  To the extent technically feasible, the antennas shall be placed and colored to blend into the architectural detail and coloring of the host structure.  To the extent technically feasible, utility poles, wireless support structures and related equipment shall be painted a color that best allows them to blend into the surroundings.  The use of grays, blues, greens, dark bronze, browns or other site-specific colors may be appropriate.

 

(e)       Signs.  No wireless facilities may bear any signage other than that required by law or expressly permitted or required by the City. No wireless facilities may bear any advertisements.

 

(f)        Nebraska811.  Prior to the installation or construction of a wireless facility within the right-of-way, the wireless provider shall notify and comply with Nebraska811.

 

(g)       Accessory Equipment. All accessory equipment located at the base of a utility pole or wireless support structure shall be placed (at the wireless provider’s choice) underground or in an equipment cabinet that is designed to blend in with existing surroundings, using architecturally compatible construction and colors consistent with the proper functioning of the wireless facilities.

 

(h)       Maps and As-Builts.  The wireless provider shall furnish to the City both paper and electronic maps showing the location of its equipment in the right-of-way and as-builts after construction is completed.

 

(i)         Security.  All equipment cabinets, boxes, cases, covers, or similar enclosures associated with a deployment must be reasonably secured in a manner which prevents unauthorized access.

 

(j)         Utilities.  All utilities serving a deployment should be installed underground to the maximum extent possible, provided doing so is technically feasible.

 

(k)        Safety.  All construction, excavation, maintenance, operation, repair and removal work done by the permittee or wireless provider shall be done in a safe, workmanlike and expeditious manner which minimizes inconvenience to the city and the general public.  The city shall have the right to inspect all such work to ensure compliance with applicable codes, laws and permits and may order the permittee or wireless provider to perform corrective work.  If the permittee or wireless provider fails to timely do so after written notice from the city, the city may take the required action, and the permittee or wireless provider shall pay the city the reasonable documented cost of such action and associated attorneys’ fees.

 

(l)         Antennas.  If technically feasible, antennas must either be mounted to the top of the utility pole or wireless support structure and aligned with the centerline of the utility pole or wireless support structure or mounted to the side of the utility pole or wireless support structure such that the vertical centerline of the antenna enclosure lines up with the utility pole or wireless support structure. If technically feasible, a side-mounted antenna must be placed at least 25 feet above ground level at its lowest point for safety reasons.

 

(m)      Cables and Wires.  External cables and wires related to deployments must not hang off the utility pole or wireless support structure.  Excess cables or wires may not be spooled or otherwise visibly stored on or near the deployment except within the structure or other enclosure. New service lines must be placed underground whenever technically feasible.

 

(n)       Alignment.  If technically feasible, new deployments should be placed in alignment with existing trees and utility poles relative to the width of the right-of-way and equidistant between existing trees and utility poles, with a minimum of 15 feet separation from any existing tree.

 

(o)       Restrictions on Placement.  No deployment may impede, obstruct, or hinder public pedestrian or vehicular traffic; obstruct the legal use of a right-of-way by a utility provider; violate or conflict with city code or state or federal laws or regulations; or be placed in a manner that negatively affects the structural integrity of the associated wireless support structure or utility pole. If technically feasible, a new structure should not be placed in line with the centerline of an entrance or window of a commercial building or residence.

 

(p)       Ground-mounted Equipment.  Outdoor ground-mounted equipment serving a deployment should be avoided to the greatest extent technically feasible, and any such equipment or structures mounted on the ground should be similar in character to adjacent deployments in the right-of-way and the surrounding environment.

 

(q)       Pole-mounted Equipment.  To the extent technically feasible, all deployments installed on utility poles should: (1) be installed to minimize impacts to the visual profile; (2) be painted, color-blended, or coated in flat, non-reflective colors to reasonably match the utility pole; and (3) must not unreasonably obstruct the view of vehicular or pedestrian traffic signals or road signs. In the case of existing wood utility poles, finishes of conduit may be zinc, aluminum, or stainless steel, or colored to match those metal finishes, and equipment cabinets may be the color of brushed aluminum, all to the extent technically feasible.

 

(r)        New Poles.  If technically feasible, new poles installed to support deployments must be made of the same or similar material as existing utility poles in the immediate area.  To the extent technically feasible, new poles must be designed to match the existing light fixtures and other poles.

 

(s)        Historic Districts.  Small wireless facilities installed in historic districts established prior to January 1, 2019 shall be of such design or concealment measures that they reasonably blend in with the character of the historic districts.

 

Source:  Ord. No. 5678, § 1, 09-08-2020;

 

Sec. 13-236.  Exceptions to standards.

 

 No small wireless facility can be used or developed contrary to any provision of  this article, unless an exception is authorized herein and has been granted pursuant to this section.

 

(a)       Approval Authority. The Public Works Department is the approval authority for all exceptions requested by an applicant.  If the Department denies the exception request, then within seven (7) days the applicant may submit a written request to the city council to review the request and approve or deny it.

 

(b)       Submittal Requirements. A request for an exception under this section shall include:

  

1.         A written statement which (a) identifies the standard for which an exception is requested; (b) describes the proposed manner in which the application deviates from the standard; and (c) provides a thorough explanation of the technical, commercial, or other justifications demonstrating the necessity of the exception requested.

 

2.         A site plan which:

 

a.         Describes the proposed small wireless facility’s design and dimensions, as it would appear with and without the exception;

 

b.         Includes elevations showing all components of the small wireless facility, as it would appear with and without the exception; and

 

c.         Includes color simulations of the small wireless facility after construction demonstrating compatibility with the surrounding environment, as it would appear with and without the exception.

 

(c)          Criteria.  The Department will consider the following in determining whether to grant an exception requested hereunder:

  

1.         Whether the exception is consistent with the purpose of the standard for which the exception is sought; and

 

2.         Whether the alternative proposed as an exception to the standard otherwise minimizes the visual impact to the site and surrounding area to the greatest extent feasible.

 

Source:  Ord. No. 5678, § 1, 09-08-2020;

 

Sec. 13-302.  Purpose.

 

It is found and declared that sidewalk cafés promote the public interest by:

 

a.         Making downtown Norfolk an active and attractive pedestrian environment;

 

b.         Providing the opportunity for creative, colorful, pedestrian-focused commercial activities on a day/night and seasonal basis;

 

c.         Encouraging commercial activities which add excitement, charm, vitality, diversity, and good design to downtown Norfolk; and

 

d.         Encouraging the up-grading of store fronts and the development of compatible and well-designed elements within downtown Norfolk.

 

Source:  Ord. No. 5614, § 1, 05-06-19;

 

Sec. 13-307.  Suspension or revocation of license.

 

Any license issued pursuant to this article may be suspended or revoked by the council after notice for any of the following causes:

 

a.         Fraud, misrepresentation, false statement contained in the application for the license;

 

b.         Violation of any of the terms of the license agreement;

 

c.         Violation of this article or any of the provisions of this code;

 

d.         Conduct of the business licensed under this article in an unlawful manner or in such a way as to constitute a menace to the health or safety of the public;

 

e.         Upon demand of the council.

 

Source:  Ord. No. 5614, § 1, 05-06-19; Ord. No. 5741, § 2, 6-7-2021

 

Sec. 13-351.  Definitions.

 

Words, terms and phrases in this article shall be defined as follows:

 

Sexually oriented business means any business enterprise that:

 

(a)    Regularly features or regularly shows the sale, display or rental of goods that are designed for use in connection with "specified sexual activities," or that emphasizes matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; or

 

(b)    Regularly features or regularly shows entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display "specified anatomical areas" or "specified sexual activities"; or regularly features services that provide "specified sexual activities" or "specified anatomical areas" ancillary to other pursuits, or allow participation in "specified sexual activities” ancillary to other pursuits

 

Specified anatomical areas means:

 

(a)    The human male genitals in a discernibly erect state, even if fully and opaquely covered;

 

(b)    Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.

 

Specified criminal activity means any of the following offenses:

 

(a)    Prostitution or promotion/solicitation of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; human sex trafficking; sexual abuse of a minor; incest; bestiality; or any similar sex-related offenses to those described above under the criminal or penal code of this state, other states, or other countries.

 

(b)    The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

 

Specified sexual activities means and includes any of the following:

 

(a)    The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered;

 

(b)    Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, bestiality or sodomy;

 

(c)    Masturbation, actual or simulated; or

 

(d)    Excretory functions as part of or in connection with any of the activities set forth in (a) through (c) above.

 

Source:  Ord. No. 5727, § 1, 4-19-21;

 

Sec. 13-352.  Registration required for sexually oriented business.

 

(a)    It shall be unlawful for any person to operate or maintain a sexually oriented business within the city limits unless the owner, operator or lessee thereof has obtained a sexually oriented business registration from the city, or to operate such business after such registration has been revoked or suspended by the city.

 

(b)    It shall be unlawful for any person to knowingly work as an employee or manager at a sexually oriented business located within city limits unless said business is registered in the city.

 

(c)    A sexually oriented business registration shall issue for only one classification, as set forth in Section 27-403 of this Code, and the applicant can operate a business for only one registered location in the city.

 

(d)    It shall be prima facie evidence that any sexually oriented business located within city limits that fails to post the required sexually oriented business registration in the manner prescribed herein shall be operating unlawfully. In addition it shall be prima facie evidence that any entertainer, employee or manager who performs any service or entertainment in a sexually oriented business in which a sexually oriented business registration is not posted as specified herein, shall have knowledge that such business is not registered.

 

(e)    Any registered sexually oriented business shall be deemed to have consented to a periodic inspection of the business premises by appropriate city officials. This inspection shall take place during hours when such sexually oriented business is open to the public and shall not unreasonably interfere with the conduct of such business.

 

Source:  Ord. No. 5727, § 1, 4-19-21;

 

Sec. 13-353.  Registration required for managers.

 

It is unlawful for any person to work as a manager at a sexually oriented business without first obtaining the registration to do so from the City, or to work as a manager at a sexually oriented business after such person's registration to do so has been revoked or suspended.

 

The owner of a sexually oriented business shall maintain the record of the names, addresses and dates of birth of all employees of said business and shall make said records available to the City for inspection upon request.

 

Source:  Ord. No. 5727, § 1, 4-19-21;

 

Sec. 13-354.  Registration fees.

 

(a)    The registration year for all fees required under this article shall start on the date of issuance. The classification of registrations and fees for each shall be as follows:

 

(1)        Sexually oriented business registration fee shall be as set forth in Section 2-5 of this Code.

 

(2)        Sexually oriented business manager's registration fee shall be as set forth in Section 2-5 of this Code.

 

(b)    In addition to the annual registration fee to be paid to the city at registration issue as required by subsection (a) of this section, an applicant for an initial sexually oriented business registration shall, at the time of making application, pay a nonrefundable application fee as set forth in Section 2-5 of this Code.   The city will conduct a review of the application and will conduct inspections of the location to ensure that the proposed sexually oriented business is in compliance with the locational and other restrictions set forth in this article and in Chapter 27, Article XIV of this Code regulating sexually oriented businesses.

 

(c)    Fees shall be paid to the city clerk. The application is not complete until the fee is paid. Registrations are for specific locations as indicated on the registration and are nontransferable. Any change in the type of sexually oriented business shall invalidate the sexually oriented business registration.

 

Source:  Ord. No. 5727, § 1, 4-19-21;

 

Sec. 13-355.  Registration application for a sexually oriented business.

 

(a)    An application for a registration must be made to the city clerk on a form provided by the city.

 

(b)    The applicant must meet all qualifications stated in this article before the registration is issued and continuously thereafter during the registration term. The application shall require and the applicant shall provide such information and documentation as is specified in this article.

 

(c)    If a person wishes to operate a sexually oriented business as an individual, he or she must sign the application for the registration as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each officer, director, general partner, managing partner or other person who will participate directly in decisions relating to management of the business shall sign the application for the registration as applicant. Each applicant must meet the qualifications as stated in this article and each applicant shall be considered as a registrant if a registration is granted.

 

(d)    The completed application for a sexually oriented business shall contain the following information and shall be accompanied by the following documents:

  

(1)        If the applicant is:

 

(i)        An individual, the individual shall state his or her legal name and any aliases and submit proof that he or she is 21 or more years of age;

 

(ii)        A partnership or limited liability company, the partnership or limited liability company shall state its complete name, and the names of all partners or members, residence address and whether the partnership or company is general or limited, a copy of the partnership, LLC/LLP organizational agreement, if any, and verification of current state registration, if any;

 

(iii)       A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, evidence that the corporation is registered to do business in Nebraska, the name, capacity and address of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.

 

(2)       Name of business. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state the sexually oriented business's name and submit any registration documents.

 

(3)        The classification of registration, as set forth in Section 27-403 of this Code, for which the applicant is filing.

 

(4)        The location of the proposed sexually oriented business, including a legal description of the property, street address and telephone number(s), if any.

 

(5)        The applicant's mailing address and residential address.

 

(6)        The applicant's driver's license number, date of birth, and state or federal issued tax identification number.

 

(7)        The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to scale with marked dimensions of both the interior and exterior dimensions.

 

(8)        A statement detailing the registration history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant, in this or any other city, county, state, or country, has ever had any registration, license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name(s) under which the registration was sought and/or issued, the name(s) of the issuing or denying jurisdiction, and describe in full the reason(s) for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.

 

(9)        A statement whether the applicant has been convicted, or is awaiting trial on pending charges of a "specified criminal activity" as defined in Section 13-351. If so, state the "specified criminal activity" involved, the date, place and jurisdiction of each.

 

(e)    Each application for the registration under this article shall contain a statement under oath that:

   

(1)        The applicant has personal knowledge of the information contained in the application, and that the information contained therein and furnished therewith is true and correct; and,

 

(2)        The applicant has read the provisions of this article.

 

(f)    A person commits an offense if he or she operates a sexually oriented business without a valid registration issued by the city for that particular classification of business (as set forth in Section 27-403 of this Code).

 

(g)    The applicant must be qualified according to the provisions of this article and the premises must be inspected and found to be in compliance with City Code and this article by the City of Norfolk Planning and Development Department, Fire Division and Norfolk Police Division.

 

(h)    The fact that a person possesses other types of state, county or city licenses/registrations does not exempt him or her from the requirement of obtaining a sexually oriented business registration.

   

Source:  Ord. No. 5727, § 1, 04-19-2021;

 

Sec. 13-356.  Registration application for managers.

 

(a)  Applications for a manager's registration to work in a sexually oriented business, whether original or a renewal, must be made to the city clerk by the person to whom the registration shall issue. Each application for a manager's registration shall be accompanied by payment of the application fee in full. Application forms shall be supplied by the city clerk. Applications must be submitted to the office of the city clerk or the city clerk's designee during regular working hours. Each applicant shall be required to give the following information on the application form:

 

(1)        The applicant's given name, and any other names by which the applicant is or has been known, including "stage" names and/or aliases;

 

(2)        Age, and date and place of birth;

 

(3)        Height, weight, hair color, and eye color;

 

(4)        Present residence address and telephone number;

 

(5)        Present business address and telephone number;

 

(6)        Date, issuing state, and number of photo driver's license, or other state issued identification card information; and

 

(7)        Proof that the individual is at least 21 years old.

 

The personal information provided in this subsection shall be confidential, and shall not be disclosed to the public except to the extent required by state or federal law.

(b)    Attached to the application form for any registration under this article shall be the following:

 

(1)        A color photograph per passport photo dimension.

 

(2)        The applicant shall submit a set of finger prints collected by a law enforcement agency. Any fees for photographs and fingerprints shall be paid by the applicant.

 

(i)         A statement detailing the registration, license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant, in this or any other city, county, state, or country, has ever had any registration, license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name(s) under which the registration was sought and/or issued, the name(s) of the issuing or denying jurisdiction, and describe in full the reason(s) for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.

 

(ii)        A statement whether the applicant has been convicted, or is awaiting trial on pending charges, of a "specified criminal activity" as defined in Section 13-351, if so, the "specified criminal activity" involved, the date, place and jurisdiction of each.

 

(c)    Every application for a registration under this article shall contain a statement under oath that:

   

(1)        The applicant has personal knowledge of the information contained in the application, and that the information contained therein and furnished therewith is true and correct; and,

 

(2)        The applicant has read the provisions of this article.

 

(d)    A person commits an offense if he or she is employed by a sexually oriented business without a valid registration issued by the city for that particular classification of business (as set forth in Section 27-403 of this Code).

 

(e)    The applicant must be qualified according to the provisions of this article.

 

(f)    The fact that a person possesses other types of state or county licenses/registration does not exempt him or her from the requirement of obtaining a sexually oriented business registration.

 

Source:  Ord. No. 5727, § 1, 04-19-2021;

 

Sec. 13-357.  Review of application.

 

(a)    Upon receipt of a complete application for a sexually oriented business registration, the city clerk shall forward a copy of the application to the Police Division and any other applicable city staff for review, and also to the Planning and Development Department and Fire Division who shall both inspect the location.

 

(b)    The Police Division, Planning and Development Department and the Fire Division shall complete their reviews and shall issue a report within 20 business days of receipt of the application by the city clerk.

 

Source:  Ord. No. 5727, § 1, 4-19-21;

 

Sec. 13-358.  Registration issuance and display.

 

(a)  The city clerk shall approve the issuance of a registration to an applicant within 30 calendar days after receipt of an application unless he or she finds one or more of the following to be true:

 

(1)        An applicant is not 21 or more years of age.

 

(2)        An applicant is currently required to register pursuant to the Nebraska Sex Offender Registration Act.

 

(3)        An applicant or an applicant's spouse is overdue in his or her payment to the city or county of fees, fines, or penalties assessed against him or her or imposed upon him or her in relation to a sexually oriented business.

 

(4)        An applicant has failed to provide information reasonably necessary for issuance of the registration including all information requested on the application form or has falsely answered a question or request for information on the application form.

 

(5)        The premises to be used for the sexually oriented business is not in compliance with the applicable state or local health, zoning, building code, fire and property maintenance regulations of the City of Norfolk.

 

(6)        The application and registration fees required by this article have not been paid.

 

(7)        The applicant has been convicted of a "specified criminal activity" as defined in Section 13-351 of this article;

 

(b)    The city clerk, upon approving the issuance of a sexually oriented business registration, shall cause to notify the applicant of that action and the applicant must pay the registration fee at the office of the city clerk. The city clerk's approval of the issuance of a registration does not authorize the applicant to operate a sexually oriented business until the applicant has paid all fees required by this article and has obtained possession of the registration.

 

(c)    The city clerk, upon denial of the issuance of sexually oriented business registration, shall send to the applicant, by certified mail, return receipt requested, written notice of such action and the applicant can appeal such decision to the city council, in writing filed with the city clerk, within 30 calendar days of the date of denial. City council will hear the appeal within 30 calendar days from the date the written appeal is received. After hearing, the council will affirm or reverse the decision of the city clerk within 30 calendar days after conclusion of the hearing. The hearing will be informal and rules of evidence do not apply. The applicant has the right to be represented. In case of reversal, the registration shall be issued. The applicant has the right to seek judicial review after disposition by the City council.

 

(d)    The registration, if granted, must state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business, and the classification (as set forth in Section 27-403 of this Code) for which the registration is issued. The registration must be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.

 

(e)    All sexually oriented businesses shall conspicuously display signs at the interior of the entrance to the premises, which shall contain uppercase letters that shall be at least two inches high and lowercase letters at least one inch high, and which shall read as follows:

 

 

(1)        THIS SEXUALLY ORIENTED BUSINESS IS REGULATED AND REGISTERED WITH THE CITY OF NORFOLK, NEBRASKA

 

(2)        EMPLOYEES ARE:

 

Not permitted to engage in any type of sexual conduct or prostitution on the premises or to fondle, caress or touch the breasts, pubic region, buttocks or genitals of any employee, patron, or other entertainer or to    permit any employee, patron, or other entertainer to fondle, caress or touch the breasts, pubic region, buttocks or genitals of said entertainer.

 

Not permitted to be nude, unclothed, or in less than opaque attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola, or any portion of the pubic region, buttocks and/or genitals.

 

Not permitted to demand or collect any payment or gratuity from any patron for entertainment while in the state of semi-nudity.

 

Not permitted to perform, except on a stage of at least 24 inches above the floor level of the audience and to maintain at least a four foot separation from any patron at all times while performing.
           

PATRONS ARE:

 

Not permitted to be upon the stage at any time.

 

Not permitted to touch, caress or fondle the breasts, pubic region, buttocks or genitals of any employee, server or entertainer or engage in solicitation for prostitution.

 

Source:  Ord. No. 5727, § 1, 4-19-21;

 

Sec. 13-359.  Inspections.

 

(a)    An applicant, registrant, operator or employee shall permit representatives of the City of Norfolk Police Division, Planning and Development Department, Fire Division and any other state, county or city agency in the performance of any function connected with the enforcement of this article or other applicable laws, to inspect the premises of a sexually oriented business, for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.

 

(b)    An applicant, registrant or operator of a sexually oriented business or his or her agent or employee commits an offense if he or she refuses to permit an inspection of the premises by a representative of an agency designated in subsection (a) of this section at any time it is occupied or open for business.

  

Source:  Ord. No. 5727, § 1, 4-19-21;

 

Sec. 13-360.  Registration term and renewal.

 

Each registration shall expire one year from the date of issuance (11:59 p.m. on the day prior to the anniversary of the date of issuance) and may be renewed only by making an application as provided in this article. Application for renewal should be made at least 30 calendar days before the expiration date, and when made less than 30 calendar days before the expiration date, the expiration of the registration will not be affected.

 

Source:  Ord. No. 5727, § 1, 4-19-21;

 

Sec. 13-361.  Registration suspension.

 

(a)    The city clerk, in coordination with the chief of police, may suspend a registration for a period not to exceed 30 calendar days if he or she determines that a registrant or an employee of a registrant:

 

(1)        Violated or is not in compliance with any section of this article.

 

(2)        Engaged in or permitted or did not control excessive use (exceeding a Blood Alcohol Concentration of 0.8) of alcoholic beverages on the sexually oriented business premises.

 

(3)        Refused to allow an inspection of the sexually oriented business premises as authorized by this article.

 

(4)        Knowingly permitted unauthorized gambling by any person on the sexually oriented business premises.

 

(b)    Appeal of the decision of the city clerk as to the existence of or non-compliance with the above matters shall be made to the city council. The hearing will be informal and the rules of evidence shall not apply. The hearing will occur within 30 calendar days from the filing of the appeal upon written notice mailed at least ten calendar days prior to the hearing. Such mailing shall be effectuated to the business address and applicant residence address as it appears on the application, and which the registrant shall amend if such residence changes.

 

Source:  Ord. No. 5727, § 1, 4-19-21;

 

Sec. 13-362.  Registration revocation.

 

(a)    The city council may revoke a registration if a cause of suspension in Section 13-361 occurs and the registration has been suspended within the proceeding 12months.

 

(b)    The city council shall revoke a registration if the council determines that:

 

(1)        A registrant gave false or misleading information in the material submitted during the application process;

 

(2)        A registrant or an employee has knowingly allowed possession, use or sale of controlled substances on the premises;

 

(3)        A registrant or an employee has knowingly allowed prostitution on the premises;

 

(4)        A registrant or an employee knowingly operates the sexually oriented business during a period of time when the registrant's registration was suspended;

 

(5)        A registrant has been convicted of a specified criminal activity listed in Section 13-351.

 

(6)        On two or more occasions within a 24 month period, a person or persons committed an offense in or on the registered premises of a crime listed in Section 13-351 for which a conviction has been obtained and the person or persons convicted were registrants or employees of the sexually oriented business at the time the offenses were committed; or

 

(7)        A registrant or an employee of the sexually oriented business has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occur in or on the registered premises.

 

(c)    The determination by the city council as to the existence of non-compliance with the above matters shall be made in open city council session after mailing notice of the hearing’s time, place and date to the registration holder or its representatives at least 10 calendar days in advance of said hearing, stating that council will consider revoking the registration and the grounds therefore. At said hearing, the registration holder or its representatives may present oral or written evidence in support of the continuance of its registration and may confront and question any witnesses or evidence in opposition to the continuation of its registration. Although rules of evidence do not apply, any decision will be based on credible evidence of violation of the requirements as stated herein.

 

(d)    After revocation, the registrant shall not be issued a sexually oriented business registration for two years from the date revocation became effective. If, subsequent to revocation, the city council finds that the basis for the revocation has been corrected or abated, the applicant may be granted a registration if at least 90 calendar days have elapsed since the date revocation became effective and a corrective plan which addresses the violation and assures that the violation will not occur again is provided to the council. If the registration was revoked under subsection (b)(5) above, an applicant may not be granted another registration.

 

Source:  Ord. No. 5727, § 1, 4-19-21;

 

Sec. 13-363.  Transfer of registration.

 

A registrant shall not transfer his or her registration to another, nor shall a registrant operate a sexually oriented business under the authority of a license/registration at any place other than the location designated in the registration.

 

Source:  Ord. No. 5727, § 1, 4-19-21;

 

Sec. 13-371.  Definitions.

 

Words, terms and phrases in this article shall be defined as follows:

 

Licensed premises shall mean the premises specified in an approved application for license under this article and within which such licensee is permitted to make all or part of the space in the dwelling available as a short-term rental.

 

Short-term rental unit shall mean all or a portion of a dwelling made available to the general public for accommodations for a length of stay per guest visit of no more than thirty (30) consecutive days. Short-term rental units do not include rental of dwellings for meetings including but not limited to luncheons, banquets, parties, weddings, fundraisers, or other similar gatherings for direct or indirect compensation.

 

Sleeping area shall mean an area located in a habitable space within a dwelling that contains at least one operable emergency escape and rescue opening (egress window). Sleeping areas include bedrooms and may include rooms within a dwelling other than bedrooms if those rooms satisfy egress standards. Sleeping areas do not include hallways, kitchen or bathrooms.

 

Source:  Ord. No. 5738, § 1, 6-7-21;

 

Sec. 13-372.  Short-term rental license required; prohibited conduct; duties.

 

(a)  It shall be unlawful for any person to make available a short-term rental unit for rent or lease within the corporate limits and extraterritorial zoning jurisdiction of the city unless such person holds a valid license therefor.

 

(b)  It shall be unlawful for any person, regardless of license status, to rent a short-term rental unit to more than the number of persons calculated as the total number of sleeping areas on the licensed premises multiplied by two, up to a maximum of 12 persons.

 

(c)  It shall be unlawful for a person, regardless of the license status, to allow occupants of a short-term rental unit to sleep in areas that are not sleeping areas as defined in this article.

 

(d)  It shall be unlawful for a person, regardless of the license status, to rent a short-term rental unit to anyone without informing the short-term renter what areas are not permitted for sleeping.

 

(e)  The use of a short-term rental for the following is prohibited:

 

(1)        Housing sex offenders;

 

(2)        Operating a structured sober living home or similar enterprise;

 

(3)        Selling illegal drugs;

 

(4)        Selling alcohol or another activity that requires a permit or license under the Nebraska Liquor Control Act, or

 

(5)        Operating a sexually oriented business.

 

(f)  Any person making available a short-term rental unit shall provide contact information to all renters for someone who can respond on behalf of the licensee and reach the short-term rental unit within 45 minutes in case of an emergency or other issue.

 

Source:  Ord. No. 5738, § 1, 6-7-21;

 

Sec. 13-373.  Application; fees; renewal.

 

(a)  Before any license under this article is issued, an inspection by a city inspector is required and an application on a form provided by the city shall be submitted setting forth the following information:

 

(1)        The name and address of the applicant;

 

(2)        The address of the short-term rental unit the applicant intends to make available for short-term rental if different from the applicant’s address;

 

(3)        Information sufficient for the city clerk, in coordination with the Planning & Development Department, to identify the location and dimensions of the short-term rental unit within the dwelling; and

 

(4)        Contact information for someone who can respond on behalf of the licensee and reach the short-term rental within 45 minutes in case of an emergency or other issue.  If said contact information changes during the term of any short-term rental license issued, the licensee shall notify the city and provide current contact information.

 

(b)  A city inspector shall certify to the city clerk, in coordination with the Planning & Development Department, that the short-term rental unit meets the following minimum safety and welfare standards:

 

(1)        Interconnected smoke alarms are present and operational in all rooms intended for sleeping purposes, immediately outside of each sleeping area and in each story within the short-term rental unit, including basements and cellars. Smoke alarms will be maintained in working order.

 

(2)        Carbon Monoxide detectors are present and operational on each level of the short-term rental unit with fuel burning appliances, attached garages or a fuel burning appliance within one floor of the short-term rental unit. Carbon Monoxide detectors will be maintained in working order.

 

(3)        All areas used for sleeping purposes have two means of egress in working order unless an approved sprinkler system is installed.

 

(4)        The short-term rental unit’s street address numbers are plainly visible from the street at all times.

 

(5)        Property is in a clean, safe and sanitary condition. All furnished appliances, finishes, windows, doors, handrails, guardrails, plumbing drains and fixtures, mechanical systems and electrical systems are in good working order in accordance with the inspection checklist.  The property shall be maintained in a clean, safe and sanitary condition and the licensed premises shall otherwise comply with applicable building regulations in this Code.

 

(c)  The applicant shall provide proof of possession of the licensed premises, either by deed or lease. If the applicant does not own the property where the licensed premises are located, the applicant must provide written documentation from the property owner allowing short-term rentals on the licensed premises.

 

(d)  Applicant shall acknowledge and pay all city, county, state, and federal taxes, as applicable.

 

(e)  An annual license fee as set forth in Section 2-5 of this Code shall be charged for each license issued.

 

(f)  All licenses issued under this article shall be valid for a period of one (1) year from the date of issuance. Applicant shall be responsible for application for a renewed license and payment of the license fee. Applicant may apply for renewal of license up to thirty (30) days prior to expiration.

 

Source:  Ord. No. 5738, § 1, 6-7-21;

 

Sec. 13-374.  Revocation or denial.

 

The City Clerk, with recommendation from the Planning & Development Department, may revoke any license issued under this article if:

 

(1)        The licensed premises is the subject of three (3) or more verified complaints of noise or other disturbance in the course of twelve (12) consecutive months;

 

(2)        The licensed premises no longer satisfy the minimum health and safety requirements of this Code;

 

(3)        The licensed premises are otherwise determined to be uninhabitable;

 

(4)        The applicant fails to permit entrance of a city inspector following complaint or outside visual inspection pertaining to the health and safety requirements of this Code; or

 

(5)        The applicant fails to pay the annual license fee.

 

Source:  Ord. No. 5738, § 1, 6-7-21;

 

Sec. 13-375.  Penalty for violations.

 

Any person upon whom a duty is placed by the provisions of this article who shall fail, neglect, or refuse to perform such duty, or who shall violate any of the provisions of this article, shall be punished by a fine not exceeding five hundred dollars ($500.00), and such violator may be committed to the city or county jail until such fine and costs of prosecution are paid.  Each day that a violation of this article continues shall constitute a separate and distinct offense and shall be punishable as such. The city attorney is authorized to take such other actions as allowed by law to enforce this article.

 

Source:  Ord. No. 5738, § 1, 6-7-21;