(A) No person shall engage in any of the trades, businesses, or professions for which licenses are required by Title XI or by any other ordinance of the municipality or provision of this code without first applying for and obtaining a license from the Clerk or other duly authorized issuing authority.
(B) The municipality shall not require a license for:
(1) The owner of any product of his or her own raising, or the manufacturer of any article manufactured by him or her, to vend or sell, by himself, herself or his or her agent, any such article or product, including but not limited to agricultural articles or products offered or exposed for sale by the producer;
(2) Any person who by state or federal law or constitutional provision has been exempted from obtaining such license;
(3) Any person selling by sample only;
(4) Advertising;
(5) Any sale under order of court or at a bona fide auction;
(6) Any sale at wholesale to a retail dealer.
Penalty, see § 110.99
Statutory reference:Municipal licensing power, exceptions, see R.C. §§ 715.27, 715.48, and 715.60 through 715.68(A) All original applications for licenses, unless otherwise specifically provided, shall be made to the Clerk or other authorized official in writing upon forms to be furnished by him or her and shall contain:
(1) The applicant’s full name, address, and telephone number, and the full name of each officer, partner or business associate, if applicable;
(2) His or her present occupation and principal place of business;
(3) His or her place of residence for the preceding five years;
(4) The nature and location of the intended business or enterprise;
(5) The period of time for which the license is desired;
(6) A description of the merchandise, goods or services to be sold;
(7) If a motor vehicle is to be used, a full description of such motor vehicle, including the make, model, year, color, license number, and vehicle registration (VIN) number of such vehicle.
(8) Such other information concerning the applicant and his or her business as may be reasonable and proper, having regard to the nature of the license desired.
(B) Any change in the information required by division (A) of this section must be reported to the Clerk or other authorized official within 14 days of such change.
(C) Renewal of an annual license may be granted to a licensee in good standing on the basis of the original application, unless otherwise provided. However, if a request for renewal is not submitted to the Clerk or other authorized official within 21 days after the date of expiration for the preceding license, the applicant must fill out an original application.
(D) With each original or renewal application, the applicant shall deposit the fee required for the license requested.
(E) It shall be unlawful to knowingly make any false statement or representation in the license application.
Penalty, see § 110.99
Upon receipt of such application for a license, accompanied by the proper fee, if approval by another officer or department is not required, the Clerk, with the written approval of the Mayor or other chief administrative officer, shall deposit the fee in the General Fund of the municipality and issue to the applicant a proper license certificate signed by the Clerk and Mayor or other chief administrative officer. If for any reason the license is not issued, this fee less $5 to cover administrative expenses of considering such application shall be returned to the applicant.
A license shall not be valid beyond the expiration date therein specified and, unless otherwise provided, shall not extend beyond December 31 of the year issued. However, at any time after December 1, licenses may be issued for the next calendar year. Unless otherwise specified, the full annual fee will be required of licensees irrespective of the date of issuance of the license.
Every license shall be issued to a real party in interest in the enterprise or business, and unless otherwise provided, no license shall be assigned or transferred.
Penalty, see § 110.99
Every licensee carrying on business at a fixed location shall keep posted in a prominent place upon the premises the license certificate. Other licensees shall carry their licenses at all times, and whenever requested by any officer or citizen, shall exhibit such license.
Penalty, see § 110.99
(A) Any license may be suspended or revoked by the Mayor or other chief administrative officer at any time for the following reasons:
(1) For conditions or considerations which, had they existed at the time of issuance, would have been valid grounds for its denial;
(2) For any misrepresentation of a material fact in the application discovered after issuance of the license;
(3) For any misrepresentation or materially false statement made in the course of carrying on the trade, business or profession;
(4) For violation of any provision of this chapter or other federal, state or municipal law or ordinance relating to the operation of the business or enterprise for which the license has been issued; or
(5) Upon conviction of a licensee for any federal, state or municipal law or ordinance involving the creation of a nuisance, a breach of the peace, interference with the rights of property owners, or any other offense constituting a threat to the public health, safety, morals or general welfare of the public.
(B) The suspension or revocation shall become effective upon notice served upon such licensee. The notice shall contain a written summary of the reasons for the suspension or revocation and a statement concerning the right to appeal the decision. The notice shall be delivered by certified mail, return receipt requested, to the address given on the licensee’s application.
In case any applicant has been denied a license, or if his or her license has been suspended or revoked, the applicant or licensee shall within ten business days have the right to appeal to the Legislative Authority from such denial, suspension or revocation. Notice of appeal shall be filed in writing with the Clerk or other authorized official who shall fix the time and place for a hearing which shall be held not later than 21 days thereafter. The Clerk shall notify the Mayor and all members of the Legislative Authority of the time and place of such hearing not less than 24 hours in advance thereof. Three members of the Legislative Authority shall constitute a quorum to hear such appeal. The appellant may appear and be heard in person or by counsel. If, after hearing, a majority of the members of the Legislative Authority present at such meeting declare in favor of the applicant, the license shall be issued or fully reinstated as the case may be; otherwise the order appealed from shall become final.
Whoever violates any provision of this title, for which another penalty is not already provided, shall be fined not more than $500, imprisoned for not more than six months, or both.