Chapter 13
PERMITS
AND BUSINESS REGULATIONS*
*Cross
references-Certain
taxation ordinances saved from repeal, § 1-3(15); financial affairs, § 2-31 et
seq.; alarm systems, Ch. 2.5; alcoholic beverages, Ch. 3; occupation tax on
alcoholic beverages, § 3-27; fee for dogs and cats, § 4-11; bicycle
registration, § 5-2; regulation of building contractors, § 6-36 et seq.;
registration and regulations for electricians, § 6-71 et seq.; certification of
plumbers, § 6-131 et seq.; permit for private garbage collectors, § 10-21;
permit for public swimming pool, § 11-46 et seq.; permits for mobile home
parks, § 15-31 et seq.
| |
|
| Art. I. |
In General, §§ 13-1--13-15 |
| Art. II. |
Permits, §§ 13-16--13-30 |
| Art. III. |
Bingo, §§ 13-31--13-40 |
| Art. IV. |
Salvage Yards, §§ 13-41--13-56 |
| Art. V. |
Secondhand Dealers, §§ 13-57--13-69 |
| Art. VI. |
Pawnbrokers, §§ 13-70--13-77 |
| Art. VII. |
Telephone Companies, §§ 13-78--13-110 |
| |
Div. 1. Generally, §§ 13-78, 13-79 |
| |
Div. 2. Occupation Tax, §§ 13-80--13-110 |
| Art. VIII. |
Itinerant Merchants, Peddlers,
Solicitors, Street Vendors and Temporary Merchants, §§
13-111--13-140 |
| Art. IX. |
Occupation Taxes for Conducting Games of
Chance and/or Lotteries and Distributing Gambling Devices, §§13-141--13-149 |
| Art.
X. |
Lodging
§§13-161--13-171 |
| Art.
XI. |
Food and Beverage §§13-181--13-191 |
| Art.
XII. |
Horse-Drawn Carriages
§§13-201--13-212 |
| Art.
XIII. |
Interim Application Process for
Wireless Telecommunications Facilities §13-221 |
ARTICLE I. IN GENERAL†
†Editor's note-Ord.
No. 3331, §§ 1--9, adopted July 16, 1985, repealed Art. I, §§ 13-1, 13-2, in
its entirety and enacted new provisions which have been set out herein as Art.
VIII in order to maintain Code format. Former § 13-1 was concerned with
solicitation without invitation and derived from Code of 1962, § 5-18-1, and
Ord. No. 3058, § 1(18), adopted March 1, 1982. Former § 13-2 was
concerned with revocation or suspension of licenses or permits and derived from
Code 1962, § 1-3-3.
ARTICLE II. PERMITS‡
‡State law reference--Occupational
licenses authorized, R.R.S. 1943, § 16-205.
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
ARTICLE III. BINGO*
*Cross reference--Gambling,
§ 14-206 et seq.
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.
ARTICLE IV. SALVAGE YARDS†
†Cross reference--Zoning,
Ch. 27.
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
ARTICLE V. SECONDHAND DEALERS*
*Editor's note-Ord.
No. 3243, § 4, adopted September 4, 1984, repealed Art. V, in its entirety and
enacted in its place new §§ 13-59--13-62. Former §§ 13-57--13-64 were
concerned with secondhand dealers and pawnbrokers, and derived from Code 1962,
§ 5-3-1, 5-3-3, and Ord. No. 3058, § 1(22), (23), 3-1-82.
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
ARTICLE VI. PAWNBROKERS*
*Editor's note-Ord.
No. 3243, § 6, adopted September 4, 1984, enacted a new Art. VI. Sec. 5 of said
ordinance redesignated former Art. VI as Art. VII and renumbered §§
13-76--13-81 as §§ 13-80--13-85.
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
ARTICLE
VII. TELEPHONE COMPANIES*
*Note--See
editor’s note to Art. VI.
Cross
references-Refusing
to yield a party line, § 14-307; intimidation by phone call, § 14-308;
interference with a public service company, § 14-309.
DIVISION 1. GENERALLY
DIVISION 2. OCCUPATION TAX
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 aa 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
ARTICLE
VIII. ITINERANT MERCHANTS, PEDDLERS, SOLICITORS,
STREET VENDORS AND TEMPORARY
MERCHANTS*
*Editor's note-Ord.
No. 3331, § § 1--9, adopted July 16, 1985, has been set out herein as §§
13-111--13‑119 at the discretion of the editor. See the editor's
note to Art. I in reference to its repeal by the aforesaid ordinance.
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
ARTICLE
IX. OCCUPATION TAXES FOR CONDUCTING GAMES
OF CHANCE AND/OR LOTTERIES AND DISTRIBUTING
GAMBLING DEVICES*
*Editor's note-Ord.
No. 3752, §§1-9, adopted Oct. 15, 1990, did not specifically amend the Code
and at the discretion of the editor said provisions have been included herein as
Art. IX, §§13-141--13-149.
Cross references-Bingo,
§ 13-31; gambling, § 14-206 et seq.
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. 13-145. 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. 13-150--13-160 Reserved.
ARTICLE X. LODGING
Sec. 13-161.
Purpose
Pursuant to the authority of Nebraska Revised
Statute R.R.S. 1943, Section 16-205, the City Council finds, determines and
declares that it is appropriate that a tax be imposed on all hotels as
herein defined for the purpose of raising revenues. The foregoing
determination is made with due consideration of business in the city and the
relation of business to the municipal welfare, together with relation
thereof to expenditures required by the city, and with consideration of
just, proper and equitable distribution of the tax burdens within the city
and other properly associated matters.
Source: Ord. No. 5143,
§ 1, 11-15-10
Sec. 13-162. Definitions.
As used in this article, the following words
and phrases shall have the meanings ascribed to them in this section, except
where the context clearly indicates or requires a different meaning:
City shall mean the City of Norfolk
and the area within the corporate limits of the City of Norfolk.
Hotel shall mean any commercial,
nonprofit, or state-owned facility where the public may obtain sleeping
accommodations for payment. This includes any hotel, motel, tourist hotel,
campground (charges for RV pads or tent sites), or inn. "Hotel" does not
include: the portion of a health care facility (licensed under the Health
Care Facility Licensure Act) which provides rooms, lodging, or sleeping
accommodations for a charge; or a facility operated by an approved
educational institution used to house students.
Person shall mean any natural person,
individual, partnership, association, organization or corporation of any
kind or character engaging in the business of operating a hotel.
Room shall mean any space ordinarily
used for sleeping accommodations and for which any occupant has, for
consideration, obtained the use or possession, or the right to use or
possess, for a period not to exceed thirty (30) contiguous days. The term
shall include camping space, trailer space or recreational vehicle space.
The term does not include a function room such as a ballroom, banquet room,
reception room, or meeting room, provided it is not used as temporary
sleeping accommodations, nor for complimentary or other sleeping
accommodations for which no consideration is charged or for sleeping
accommodations for which the consideration is paid by a person not subject
to the sales and use tax imposed by the Nebraska Revenue Act of 1967.
Taxpayer shall mean any person engaged
in the hotel business herein defined who is required to pay the tax herein
imposed.
Total consideration charged for occupancy
shall mean any and all charges that are subject to the lodging tax under the
Nebraska Visitors Development Act, Neb. Rev. Stat. 81-1245 et seq. excluding
the city's lodging occupation tax.
Source Ord. No. 5143,
§ 1, 11-15-10
Sec. 13-163. Tax Imposed; Collection of
Tax.
(a) On or after February 1, 2011, each person
engaged in the business of operating a hotel in the city shall pay an
occupancy tax in the amount of four percent (4%) of the hotel consideration
charged for occupancy per occupied room per night.
(b) The tax imposed by this article may be
shown as an add-on to the charge for occupancy of the rooms. The hotel
operator shall remain responsible for payment of all taxes imposed, whether
or not the taxes are actually collected from the guests.
Source: Ord. No.
5143, § 1, 11-15-10
Sec. 13-164. Return.
Each and every person engaged in the business
of operating a hotel within the city for the calendar month beginning
February 2011, and for each and every month thereafter, shall prepare and
file, on or before the 25th day of the following month on a form prescribed
and furnished by the city, a return for the taxable calendar month, and at
the same time pay to the city the tax herein imposed. The return shall be
verified and sworn to by an owner or officer of the business. The return
shall be considered filed on time if mailed with payment enclosed in an
envelope properly addressed to the City Finance Division, postage prepaid
and postmarked before midnight of the 25th of the appropriate month. If the
city offers online filing, the return will also be considered filed on time
if filed online and electronic payment submitted to the City of Norfolk by
midnight of the 25th of the appropriate month.
Source: Ord. No. 5143,
§ 1, 11-15-10
Sec. 13-165. Tax Cumulative.
(a) The levy of tax under this article is in
addition to all other fees, taxes, excises and licenses levied and imposed
under any contract or any other provisions of this Code or ordinances of the
city, in addition to any fee, tax, excise or license imposed by the state.
(b) Payment of the tax imposed by this article
shall not relieve the person paying the same from payment of any other tax
now or hereafter imposed by contract or ordinance or by this Code, including
those imposed for any business or occupation he or she may carry on, unless
so provided therein. The occupational taxes imposed by this article shall be
cumulative except where otherwise specifically provided.
Source: Ord. No.
5143, § 1, 11-15-10
Sec. 13-166. Use of Revenue.
The four percent (4%) occupation tax imposed by
this article, less any administrative expenses which shall not exceed two
percent (2%) of the tax collected, shall be used to fund debt service on
general obligation bonds authorized at the November 2, 2010 general election
or related refunding bonds.
Source: Ord. No. 5143, § 1,
11-15-10
Sec. 13-167. Failure to File Return;
Delinquency; Assessment by City Finance Officer.
(a) If any person neglects or refuses to file a
return or make payment of the taxes as required by this article, the City
Finance Officer shall make an estimate, based upon such information as may
be reasonably available, of the amount of taxes due for the period or
periods for which the taxpayer is delinquent, and upon the basis of such
estimated amount, compute and assess in addition thereto a penalty equal to
two percent (2%) per month or fraction thereof from date when due, together
with interest on such delinquent taxes, at the rate of one percent (1 %) per
month or fraction thereof from the date when due.
(b) The City Finance Officer shall give the
delinquent taxpayer written notice of such estimated taxes, penalty, and
interest, which notice must be served personally or by certified mail.
(c) Such estimate shall thereupon become an
assessment, and such assessment shall be final and due and payable from the
taxpayer to the City Finance Officer ten (10) days from the date of service
of the notice or the date of mailing by certified mail; however, within such
ten (10) day period the delinquent taxpayer may petition the City Finance
Officer for a revision or modification of such assessment and shall, within
such ten-day period, furnish the City Finance Officer the facts and correct
figures showing the correct amount of such taxes.
(d) Such petition shall be in writing, and the
facts and figures submitted shall be submitted in writing and shall be given
under oath of the taxpayer.
(e) The City Finance Officer may then modify
such assessment in accordance with the facts which he or she deems correct.
Such adjusted assessment shall be made in writing, and notice thereof shall
be mailed to the taxpayer within ten (10) days; and all such decisions shall
become final upon the expiration of thirty (30) days from the date of
service, unless proceedings are commenced within that time for appeal in the
District Court.
(f) It shall be an offense for any person to
fail to file a return or make payment of the taxes as required by this
article.
Source: Ord. No. 5143, § 1, 11-15-10
Sec. 13-168. Administration of Article;
Miscellaneous Provisions.
(a) The administration of the provisions of
this article are hereby vested in the City Finance Officer, or his or her
designee, who shall prescribe forms in conformity with this article for the
making of returns, for the ascertainment, assessment and collection of the
tax imposed hereunder, and for the proper administration and enforcement
hereof.
(b) All notices required to be given to the
taxpayer under the provisions of this article shall be in writing. Notices
shall be mailed by registered or certified mail, postage prepaid, return
receipt requested, to the taxpayer at his or her last known address.
(c) It shall be the duty of every taxpayer to
keep and preserve suitable records and other books or accounts as may be
necessary to determine the amount of tax for which he/she is liable
hereunder.
(1 )
Records of the gross revenue by which this tax is measured shall be kept
separate and apart from the records of other sales or receipts in order to
facilitate the examination of books and records as necessary for the
collection of this tax.
(2) It
shall be the duty of every such taxpayer to keep and preserve for a period
of three (3) years all such books, invoices and other records, which shall
be open for examination at any time by the City Finance Officer or his or
her duly designated persons. If such taxpayer keeps or maintains the books,
invoices, accounts or other records, or any part thereof, outside of the
state, upon demand of the City Finance Officer such taxpayer shall make the
same available at a suitable place within the city, to be designated by the
City Finance Officer, for examination, inspection and audit by the City
Finance Officer or his or her duly authorized persons. The taxpayer shall
reimburse the city for the reasonable costs of the examination, inspection
and audit if the City Finance Officer determines that the taxpayer paid
ninety percent or less of the tax owing for the period of the examination.
(3) The
City Finance Officer, in his or her discretion, may make, permit or cause to
be made the examination, inspection or audit of books, invoices, accounts or
other records so kept or maintained by such taxpayer outside of the state at
the place where same are kept or maintained or at any place outside the
state where the same may be made available, provided such taxpayer shall
have entered into a binding agreement with the city to reimburse it for all
costs and expenses incurred by it in order to have such examination,
inspection or audit made in such place.
(d) For the purpose of ascertaining the
correctness of a return, or for the purpose of determining the amount of tax
due from any taxpayer, the City Finance Officer or his or her duly
authorized persons, may conduct investigations concerning any matters
covered by this article; and may examine any relevant books, papers, records
or memoranda of any such taxpayer.
Source: Ord. No. 5143,
§ 1, 11-15-10
Sec. 13-169. Recovery of Unpaid Tax by
Action at Law.
(a) The City Finance Officer may also treat any
such taxes, penalties or interest due and unpaid as a debt due the city.
(b) In case of failure to pay the taxes, or any
portion thereof, or any penalty or interest thereon when due, the city may
recover at law the amount of such taxes, penalties and interest in any court
of Madison County, Nebraska or of the county wherein the taxpayer resides or
has its principal place of business having jurisdiction of the amounts
sought to be collected.
(c) The return of the taxpayer or the
assessment made by the City Finance Officer, as herein provided, shall be
prima facie proof of the amount due.
(d) The City Attorney may commence an action
for the recovery of taxes due under this article and this remedy shall be in
addition to all other existing remedies, or remedies provided in this
article.
Source: Ord. No. 5143, § 1, 11-15-10
Sec. 13-170. Suspension or Revocation of
Licenses for Failure to Pay Tax; Hearing.
If the Mayor or the Mayor's designee, after
holding a hearing, shall find that any person has willfully evaded payment
or collection and remittance of the tax imposed by this article, such
official may suspend or revoke any city license, permit or other approval
held by such tax evader. Said person shall have an opportunity to be heard
at such hearing to be held not less than seven (7) days after notice is
given of the time and place of the hearing to be held, addressed to the last
known place of business of such person. Pending the notice, hearing and
finding, any license, permit or other approval issued by the city to the
person may be temporarily suspended. No suspension or revocation hereunder
shall release or discharge the person from civil liability for the payment
or collection and remittance of the tax, nor from prosecution for such
offense.
Source: Ord. No. 5143, § 1, 11-15-10
Sec. 13-171. Sunset Provision.
The occupation tax imposed by this article
shall terminate and collection of the tax shall cease upon the city paying
all general obligation bonds authorized at the November 2, 2010 general
election or related refunding bonds.
Source: Ord. No. 5143,
§ 1, 11-15-10
Sec. 13-172--13-180. Reserved.
ARTICLE XI. FOOD AND BEVERAGE
Sec. 13-181. Purpose.
Pursuant to the authority of Nebraska Revised
Statute R.R.S. 1943, Section 16-205, the City Council finds, determines and
declares that it is appropriate that a tax be imposed on all restaurants and
alcohol sales establishments, as herein defined, for the purpose of raising
revenues. The foregoing determination is made with due consideration of
business in the city and the relation of business to the municipal welfare,
together with relation thereof to expenditures required by the city, and
with consideration of just, proper and equitable distribution of the tax
burdens within the city and other properly associated matters.
Source: Ord.
No. 5143, § 2, 11-15-10
Sec. 13-182. Definitions.
As used in this article, the following words
and phrases shall have the meanings ascribed to them in this section, except
where the context clearly indicates or requires a different meaning:
City shall mean the City of Norfolk
and the area within the corporate limits of the City of Norfolk.
Alcohol sales establishment shall mean
any establishment offering the public food and/or beverages, alcoholic or
non-alcoholic, for consumption on the premises or off the premises of the
establishment. Such establishments include, but are not limited to, bars,
taverns, night clubs, dance halls, restaurants, liquor stores, convenience
stores, grocery stores, race tracks, and arenas.
Food shall include all edible
refreshment or nourishment, whether solid, semi-solid, liquid or otherwise.
Person shall mean any natural person,
individual, partnership, association, organization or corporation of any
kind or character engaging in the business of operating a restaurant or
alcohol sales establishment.
Restaurant shall mean any place that
is kept, used, maintained, advertised, or held out to the public as a place
where food is prepared and sold for immediate consumption on the premises.
It shall include the sales of food in a restaurant with facilities for
consumption on the premises even if the food and beverages are not actually
consumed on the premises, including the receipts from "take out," "drive
through," or "to go" food, and receipts from the sale of food and beverages
from a vending machine, or as a concession at a race track, arena, carnival,
or similar event. Restaurant includes, but is not limited to, cafes, grills,
bistros, delicatessens, coffee shops, bakeries, lunch counters, sandwich
stands, temporary stands, grocery stores, convenience stores, and
supermarkets. The term includes a space or area within a hotel, motel, bed
and breakfast, boarding house, hospital, office building, or reception hall
where food is sold or consumed if a separate charge is made for such food.
Taxpayer shall mean any person engaged
in the business of operating a restaurant or alcohol sales establishment as
herein defined who is required to pay the tax herein imposed.
Source: Ord.
No. 5143, § 2, 11-15-10
Sec. 13-183. Tax Imposed; Collection of
Tax.
(a) On or after February 1, 2011 and in each
calendar month thereafter there is hereby imposed a restaurant and alcohol
sales establishment occupational tax upon each and every person operating a
restaurant or alcohol sales establishment within the city for any period of
time during a calendar month. The amount of such tax shall be two percent
(2%) of all gross receipts for each calendar month derived from the
restaurant or alcohol sales establishment subject to this tax. Such tax
shall be imposed on the gross receipts resulting from the sales of food
within the city which are subject to the sales and use tax imposed by
Chapter 2, Article III, Sec. 2-34 of the City of Norfolk Municipal Code.
(b) The person engaged in operating a
restaurant or alcohol sales establishment may itemize the tax levied on a
bill, receipt, or other invoice to the purchaser, but each person engaged in
such business shall remain liable for the tax imposed by this article.
Source: Ord. No. 5143, § 2, 11-15-10
Sec. 13-184. Return.
(a) Each and every person engaged in the
business of operating a restaurant or alcohol sales establishment within the
city for the calendar month beginning February 2011, and for each and every
month thereafter, shall prepare and file, on or before the 25th day of the
following month on a form prescribed and furnished by the city, a return for
the taxable calendar month, and at the same time pay to the city the tax
herein imposed. The return shall be verified and sworn to by an owner or
officer of the business. The return shall be considered filed on time if
mailed with payment enclosed in an envelope properly addressed to the City
Finance Division, postage prepaid and postmarked before midnight of the 25th
of the appropriate month. If the city offers online filing, the return will
also be considered filed on time if filed online and electronic payment
submitted to the City of Norfolk by midnight of the 25th of the appropriate
month.
(b) The City Finance Officer may, by
regulation, specify a uniform class of taxpayer that may make reports and
remittances quarterly in lieu of monthly taking into consideration the
amount of tax due. In addition, a person subject to the tax imposed herein
may, upon written application to and with the written consent of the City
Finance Officer, make reports and remittances on a quarterly basis in lieu
of monthly. Such quarterly reports shall be due on the 25th day of April,
July, October, and January of each year and shall report the gross receipts
and the amount due for the three (3) months immediately preceding the months
in which the reports and remittances are required.
Source: Ord. No. 5143,
§ 2, 11-15-10
Sec. 13-185. Tax Cumulative.
(a) The levy under this article is in addition
to all other fees, taxes, excises and licenses levied and imposed under any
contract or any other provisions of this Code or ordinances of the city, in
addition to any fee, tax, excise or license imposed by the state.
(b) Payment of the tax imposed by this article
shall not relieve the person paying the same from payment of any other tax
now or hereafter imposed by contract or ordinance or by this Code, including
those imposed for any business or occupation he or she may carry on, unless
so provided therein. The occupational taxes imposed by this article shall be
cumulative except where otherwise specifically provided.
Source: Ord. No.
5143, § 2, 11-15-10
Sec. 13-186. Use of Revenue.
The two percent (2%) occupation tax imposed by
this article, less any administrative expenses which shall not exceed two
percent (2%) of the tax collected, shall be used to fund debt service on
general obligation bonds authorized at the November 2, 2010 general election
or related refunding bonds.
Source: Ord. No. 5143, § 2,
11-15-10
Sec. 13-187. Failure to File Return;
Delinquency; Assessment by City Finance Officer.
(a) If any person neglects or refuses to file a
return or make payment of the taxes as required by this article, the City
Finance Officer shall make an estimate, based upon such information as may
be reasonably available, of the amount of taxes due for the period or
periods for which the taxpayer is delinquent, and upon the basis of such
estimated amount, compute and assess in addition thereto a penalty equal to
two percent (2%) per month or fraction thereof from date when due, together
with interest on such delinquent taxes, at the rate of one percent (1 %) per
month or fraction thereof from the date when due.
(b) The City Finance Officer shall give the
delinquent taxpayer written notice of such estimated taxes, penalty, and
interest, which notice must be served personally or by certified mail.
(c) Such estimate shall thereupon become an
assessment, and such assessment shall be final and due and payable from the
taxpayer to the City Finance Officer ten (10) days from the date of service
of the notice or the date of mailing by certified mail; however, within such
ten (10) day period the delinquent taxpayer may petition the City Finance
Officer for a revision or modification of such assessment and shall, within
such ten-day period, furnish the City Finance Officer the facts and correct
figures showing the correct amount of such taxes.
(d) Such petition shall be in writing, and the
facts and figures submitted shall be submitted in writing and shall be given
under oath of the taxpayer.
(e) The City Finance Officer may then modify
such assessment in accordance with the facts which he or she deems correct.
Such adjusted assessment shall be made in writing, and notice thereof shall
be mailed to the taxpayer within ten (10) days; and all such decisions shall
become final upon the expiration of thirty (30) days from the date of
service, unless proceedings are commenced within that time for appeal in the
District Court.
(f) It shall be an offense for any person to
fail to file a return or make payment of the taxes as required by this
article.
Source: Ord. No. 5143, § 2, 11-15-10
Sec. 13-188. Administration of Article;
Miscellaneous Provisions.
(a) The administration of the provisions of
this article are hereby vested in the City Finance Officer, or his or her
designee, who shall prescribe forms in conformity with this article for the
making of returns, for the ascertainment, assessment and collection of the
tax imposed hereunder, and for the proper administration and enforcement
hereof.
(b) All notices required to be given to the
taxpayer under the provisions of this article shall be in writing. Notices
shall be mailed by registered or certified mail, postage prepaid, return
receipt requested, to the taxpayer at his or her last known address.
(c) It shall be the duty of every taxpayer to
keep and preserve suitable records and other books or accounts as may be
necessary to determine the amount of tax for which the taxpayer is liable
hereunder.
(1)
Records of the gross revenue by which this tax is measured shall be kept
separate and apart from the records of other sales or receipts in order to
facilitate the examination of books and records as necessary for the
collection of this tax.
(2) It
shall be the duty of every such taxpayer to keep and preserve for a period
of three (3) years all such books, invoices and other records, which shall
be open for examination at any time by the City Finance Officer or his or
her duly designated persons. If such taxpayer keeps or maintains the books,
invoices, accounts or other records, or any part thereof, outside of the
state, upon demand of the City Finance Officer such taxpayer shall make the
same available at a suitable place within the city, to be designated by the
City Finance Officer, for examination, inspection and audit by the City
Finance Officer or his or her duly authorized persons. The taxpayer shall
reimburse the city for the reasonable costs of the examination, inspection
and audit if the City Finance Officer determines that the taxpayer paid
ninety percent or less of the tax owing for the period of the examination.
(3) The
City Finance Officer, in his or her discretion, may make, permit or cause to
be made the examination, inspection or audit of books, invoices, accounts or
other records so kept or maintained by such taxpayer outside of the state at
the place where same are kept or maintained or at any place outside the
state where the same may be made available, provided such taxpayer shall
have entered into a binding agreement with the city to reimburse it for all
costs and expenses incurred by it in order to have such examination,
inspection or audit made in such place.
(d) For the purpose of ascertaining the
correctness of a return, or for the purpose of determining the amount of tax
due from any taxpayer, the City Finance Officer or his or her duly
authorized persons, may conduct investigations concerning any matters
covered by this article; and may examine any relevant books, papers, records
or memoranda of any such taxpayer.
Source: Ord. No. 5143,
§ 2, 11-15-10
Sec. 13-189. Recovery of Unpaid Tax by
Action at Law.
(a) The City Finance Officer may also treat any
such taxes, penalties or interest due and unpaid as a debt due the city.
(b) In case of failure to pay the taxes, or any
portion thereof, or any penalty or interest thereon when due, the city may
recover at law the amount of such taxes, penalties and interest in any court
of Madison County, Nebraska or of the county wherein the taxpayer resides or
has its principal place of business having jurisdiction of the amounts
sought to be collected.
(c) The return of the taxpayer or the
assessment made by the City Finance Officer, as herein provided, shall be
prima facie proof of the amount due.
(d) The City Attorney may commence an action
for the recovery of taxes due under this article and this remedy shall be in
addition to all other existing remedies, or remedies provided in this
article.
Source: Ord. No. 5143, § 2, 11-15-10
Sec. 13-190. Suspension or Revocation of
Licenses for Failure to Pay Tax; Hearing.
If the Mayor or the Mayor's designee, after
holding a hearing, shall find that any person has willfully evaded payment
or collection and remittance of the tax imposed by this article, such
official may suspend or revoke any city license, permit or other approval
held by such tax evader. Said person shall have an opportunity to be heard
at such hearing to be held not less than seven (7) days after notice is
given of the time and place of the hearing to be held, addressed to the last
known place of business of such person. Pending the notice, hearing and
finding, any license, permit or other approval issued by the city to the
person may be temporarily suspended. No suspension or revocation hereunder
shall release or discharge the person from civil liability for the payment
or collection and remittance of the tax, nor from prosecution for such
offense.
Source: Ord. No. 5143, § 2, 11-15-10
Sec. 13-191. Sunset Provision.
The occupation tax imposed by this article
shall terminate and collection of the tax shall cease upon the city paying
all general obligation bonds authorized at the November 2, 2010 general
election or related refunding bonds.
Source: Ord. No. 5143,
§ 2, 11-15-10
ARTICLE XII. HORSE-DRAWN CARRIAGES
Sec. 13-201. Definitions.
Horse shall include all equine species
and equine subspecies, including but not limited to horses, donkeys, mules,
and burros.
Horse-drawn carriage or carriage
shall mean any vehicle which is operated or pulled by a horse which may be
hired for the transportation of passengers and which is operated within the
city.
Source: Ord. No. 5184, §
1, 11-21-11
Sec. 13-202. License required.
The operation of any horse-drawn carriage upon
the streets of the city for the purpose of transporting persons for hire or
as a contractual service is a violation of this Code unless it is operated
in accordance with valid business license issued pursuant to this chapter.
Source: Ord. No. 5184, §
1, 11-21-11
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. 13-206. Insurance.
Before any permit for a horse-drawn carriage
shall be issued, the owner shall file with the city a certificate of
insurance issued by an insurance company licensed to do business in this
state, showing insurance coverage for each and every horse-drawn carriage
owned, operated or leased by the applicant with a minimum of one million
dollars ($1,000,000) for the injury or death of any person and one million
dollars ($1,000,000) for the injury or death of any number of persons in any
one accident, and one million dollars ($1,000,000) for property damage
resulting from any one accident, regardless of whether the horse-drawn
carriages were being driven by the owner, his or her agent, an employee,
lessee or permittee. The certificate of insurance shall contain a
provision requiring the city to be notified by the insurance company of any
cancellation, termination or expiration of the policy thirty days prior to
said event. The cancellation or other termination of any insurance
policy issued for or in compliance with the provisions for this section
shall automatically terminate any license issued for the horse-drawn
carriage covered by such insurance policy unless another policy complying
with the provision of this section shall be provided and in full force and
effect at the time of such cancellation or termination.
Source: Ord. No. 5184, §
1, 11-21-11
Sec. 13-207. Issuance of license.
Upon receipt of a completed application
pursuant to Sec. 13-203, approval of the route pursuant to
Sec. 13-204,
filing of insurance is required by
Sec. 13-206, and payment of the
application and license fee provided in
Sec. 13-211, the city clerk shall
issue a horse-drawn carriage license to the applicant. All licenses
shall expire on December 31.
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. 13-211. Annual license fees.
The annual fee for a horse-drawn carriage
business license shall be as set forth in
Section 2-5 of this Code.
Source: Ord. No. 5184, §
1, 11-21-11
Sec. 13-212. Penalties.
Anyone violating the provisions of this article
is guilty of a municipal infraction and shall, upon conviction, be subject
to the provisions of Sec. 1-16.
Source: Ord. No. 5184, §
1, 11-21-11
ARTICLE XIII. INTERIM APPLICATION PROCESS FOR WIRELESS TELECOMMUNICATIONS FACILITIES
Sec. 13-221. Interim application process for construction of wireless
telecommunications facilities.
There shall be an interim application process
for the issuance of permits by the city on applications for the construction
of wireless telecommunications towers, facilities, and related facilities
during which time any application to the city for a wireless
telecommunications facility shall be handled as follows:
(1) The interim
application process for wireless telecommunications facilities shall be
applicable to all building permits, conditional use applications, site plan
approvals, use variance, or any other approval of the city for a monopole,
lattice tower, or other telecommunications antennae installation, including
but not limited to cellular/personal communications system antennae
installation.
(2)
Any application pursuant to this interim application process shall include a
complete application for the desired permit along with any permit fees
required by Section 2-5 of this Code.
(3)
All applications shall be accompanied by an escrow deposit by the applicant
to the city in the amount of $8,500.00.
(4)
The escrow deposit shall be utilized for consulting costs incurred by the
city to assist the city in evaluating the application.
(5)
In evaluating the application, the consultant may engage in a site visit and
make assessments regarding proof of need, fees, proof of location and height
of facility, meeting of radio frequency emission requirements, setbacks,
aesthetic considerations, insurance requirements and removal bond.
(6)
Any permit issued during this interim application process will be issued
subject to amendment to provide for inclusion of provisions of this Code
enacted to regulate the siting of wireless telecommunications facilities.
(7)
Any unexpended balance of the escrow deposit shall be returned to the
applicant when action on the application is concluded without regard to
whether or not a permit is issued.
Source: Ord. No. 5472,
§ 1, 5-15-17
ARTICLE XV. SIDEWALK CAFES
Sec. 13-301. Definitions.
Sidewalk café shall mean
that portion of the public right-of-way kept, used, maintained, and held out
to the public as a temporary place where food and/or drink are served for
consumption on the premises.
Source: Ord. No. 5614, §
1, 05-06-19;
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. 13-303. Licenses.
The record owners of business property abutting
public space in areas in downtown Norfolk may, subject to the provisions of
this article and despite any provisions in this Code to the contrary, obtain
a license to utilize so much of the surface space on which their properties
abut as the city determines is not needed for the use
of the general public during specified times on specified days for sidewalk
cafés. Any record owner who desires to authorize another to occupy the
public space abutting the record owner's property shall file with the city
clerk a notarized copy of the agreement covering the space to be occupied
prior to the issuance of the license. A sidewalk café license may not
be issued for a business which proposes to sell alcoholic drinks unless that
business demonstrates that the sale of alcoholic drinks is not the primary
purpose of the business and that the business is primarily a restaurant
deriving more that 35% of its gross profits from the sale of food.
Source: Ord. No. 5614, §
1, 05-06-19;
Sec. 13-304. Application for license; context.
Application for such license shall be made to
the city clerk upon a form to be furnished by the city, which application
shall set forth the following:
a. Owner and manager of applicant
business;
b. Hours and days of operation;
c. How the extended premises will
be supervised and maintained;
d. Description of any permitted
advertising and a description or photo of street furniture to be used, if
any;
e. Maximum number of patrons to be
accommodated and description of the seating to accommodate the maximum
number of patrons;
f. Two copies of a plat or drawing
indicating, to scale, the amount of surface the applicant is seeking
permission to use and the location of the furniture, equipment, and any
other article occupying public space, if any;
g. Description of the food and
drink (alcoholic and/or non-alcoholic) to be offered for sale. If
alcoholic drinks are to be offered for sale, documentation must be included
with the application demonstrating to the satisfaction of the city that:
(1) The
business has a licensed kitchen and offers a full menu during the hours and
days of operation of the sidewalk café; or
(2) The
business is primarily a restaurant deriving more than 35% of its gross
profits from the sale of food.
Source: Ord. No. 5614,
§ 1, 05-06-19;
Sec. 13-305. Review and grant of license.
The city clerk shall forward the application to
the council for review. If the council approves the application and
desires to grant a sidewalk café licnese, an agreement
shall be entered into between the applicant and the city setting forth the
provisions under which the license is granted.
Source: Ord. No. 5614, §
1, 05-06-19;
Sec. 13-306. License conditions.
The terms of the sidewalk café
license shall be as set forth in the license agreement between the applicant
and the city and may be amended at any time upon agreement of the parties.
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 this article or any of the provisions of this code;
c.
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;
d.
Upon demand of the council.
Source: Ord. No. 5614, § 1, 05-06-19;
Sec. 13-308. Insurance.
The applicant shall provide insurance as set
forth in the license agreement between the applicant and the city. Any
termination or lapse of such insurance shall automatically revoke any
license granted pursuant to this article.
Source: Ord. No. 5614, §
1, 05-06-19;
Sec. 13-309. Bond.
If the city determines that the sidewalk café
use requested is different from the regular and normal use of the surface
space, the city may require as a condition of granting such license the
providing of a surety bond to guarantee the removal of the applicant's
personal property and restoration of the surface space to its prior
condition.
Source: Ord. No. 5614, §
1, 05-06-19;
Sec. 13-310. License period, expiration, and renewal.
All licenses shall be due and payable in the
office of the city clerk on the first day of May of each year and all
licenses shall expire on the thirtieth day of April following issuance.
After the initial approval of a license by the city council for a specific
location, annual renewals of such licenses may be made for one year by the
licensee paying the renewal fee in the office of the city clerk at least
thirty (30) days prior to expiration of any current license.
Source: Ord. No. 5614, §
1, 05-06-19;
Sec. 13-311. License fee and renewal fee.
Any person issued a license under this article
shall pay to the city a license fee and/or annual renewal fee as set forth
in Section 2-5 of this Code.
Source: Ord. No. 5614, §
1, 05-06-19;
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