Loading...
HomeMy WebLinkAboutAmending Various Sections of Chapter 4 LicensesORDINANCE No. 6998-81 Passed by the Common Council of the City of South Bend, �• -„• "/�" '�- h"'-' 4, G Presented by me to the Mayor of the City of South Bend, Approved and signed by IRENE K. GAMMON November 10 4L' /r- /�(�— Clerk of Common Council M IRENE K. GAMMON Clerk SUBSTITUTE * BILL NO. 121 -81 ORDINANCE NO. R % AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING VARIOUS SECTIONS OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY KNOWN AS LICENSES STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend has made a comprehensive review of the various license fees and practices of the City. The Council has found that many have not been reviewed since 1916. It has also found that many license procedures have not been enforced -by the City,therefore warranting a review to improve enforcemer The Council believes that fair and reasonable fees should be established where the City is actually providing services. The Council further believes that all fees should services bereasonably related to the cost incurred by the City to p protect the public health, safety, and welfare of the Community. This ordinance would call for the annual review of all license fees, and a semi - annual report from the City Controller regarding implementation of these provisions. It would provide for a ticketing system of $25.00 per day for each day that a business operates without a license; as well as including a ten percent (10 %) late charge for licenses obtained after January 31st each year. The Common Council believes that such an ordinance is in the best interest of the citizens of South Bend. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Articles 1 -7 SECTION I. Chapter 4/ of the Municipal Code of the City of South Bend, Indiana,are hereby deleted in, their entirety and are amended to read as follows: Chapter 4. Licenses Article 1 General Provisions Sec. 4 -1 Legislative Findings (a) The South Bend Common Council hereby finds that there is a need to develop improved licensing procedures within the City. (b) The Common Council declares that the following licnsing proceures are safety, established protecting community. * This substitute Bill includes all aaaiciuu5 ,«ate _� w ( and all deletions marked y across through ( - - -- recommended by the Personnel and Finance Committee since th was filed. Sec. 4 -2 Definitions As used in this chapter, the following terms shall have the meaning ascribed to them in this section: (a) Business shall mean an enterprise involving the selling, storing, or processing of goods or commodities, or the rendering of services. Business shall include all commercial and retail operations as well as industrial enterprises engaged in the manufacture, process- ing, or assembling or parts into finished or unfinished products, and the repair or reconditioning of products, appliances, machines, or other goods. (b) Insignia shall mean any tag, badge, plate, card, or sticker whicfi may be issued by the Office of the City Controller and required to be used or displayed by a licensee. (c) License shall mean the privilege of carrying on a specified business within the City. (d) Licensee shall mean the person to whom a license has been granted and ish agents and employees. (e) Premises shall include all lands, structures, and the equipment and appurtenances connected with or used in any business. Sec. 4 -3 Prima Facie Evidence of Doing Business The placing or permitting of any business sign or notice on or within any premises; any publication of the opening of any business by advertisement in any newspaper or telephone book,.or by any poster, circular, letter or card, or by any other method of attracting public notice thereto; or'by acquiring or using any premises in the City for business purposes; shall be prima facie evidence of doing business and the liability of such person to obtain and pay for a license as required by this Chapter. Sec. 4 -4 Regulations Applying to All Licenses and Applications Applications (a) Every application for a license or license renewal required under this Chapter shall be made in writing to the Office of the City Controller. Forms (b) Forms for all licenses and applications therefore, shall be prepared and kept on file in the Office of the City Controller Inspections (c) Upon the receipt of an application for a license requir- ing inspection(s) before the issuance of such permit, the Office of the City Controller shall refer such application to the proper departments and /or bureaus for - making such inspect - ion(s). All inspections so required shall be reported in writing on forms provided by the Office of the City Controller. License Fee Application (d) Every applicant for a license shall pay a non - refundable application fee of Five Dollars ($5.00). Said fee shall accompany every application for an entirely new business. -2- License Fee (e) All license fees shall be paid to the office of the City Controller upon issuance of such license, and all licensees shall receive a written receipt for payment of said fee. Term of License (f) All licenses issued by the Office of the City Controller shall be for a term of one (1) year, commencing February 1st and expiring January 31st of each year, unless otherwise specificed. Sec. 4 -5 Nature of Interest Conferred by License All licenses under this Chapter which are granted :shall be accept( as a privilege and shall not confer any rights on any applicant tor a license. Sec. 4 -6 General Duties of Licensees Every licensee and applicant for a license shall: (a) File an application or renewal application with the office of the City Controller and secure the proper license prior to starting a business, or before January 31st of each year for renewal applications. (b) Permit inspections of the business and premises by City officials acting pursuant to this Code. (c) Pay the specified license fees required by this Chapter, and provide any other bond or insurance, as required. (d) Conduct the business in such a manner as not to create a nuisance or hazard to the public. Sec. 4 -7 Inspection of Business (a) The office of the City Controller may have businesses inspected by designated city officials to determine compliance with the requirements of this Code. (b) All violations of law observed during any inspection, or by a citizen complainant shall be immediately reported to the office of the City Controller. Article 2 Licensing Procedures Sec. 4 -8 When License is Required It shall be unlawful for any person, either directly or indirectly, to conduct or maintain any business or premises for which a license is required by this Chapter, unless a valid license has been issued by the office of the City Controller and kept in effect at all times. Sec. 4 -9 Effect on Residents and Nonresidents (a) Every person, whether a resident or nonresident, doing business in the city which is required to be licensed by this Chapter shall first obtain a license; provided, however, no such license shall be required of any person for the mere delivery of merchandise into the City. -3- (b) Any agent of a nonresident who is doing business in the city which should be licensed shall be personally responsible for obtaining a license and for the payment of all fees chargeable for any license required by this Chapter. The agent shall be personally liable for any penalties or other indebtedness to the city incurred because of the operation of the business. The liability of the agent under this section shall be joint and several with the principal. Sec. 4 -10 Separate License Required for Separate Locations A separate license and fee shall be required for each separate location in the city of the business which is licensed pursuant to this Chapter and is conducted by or for the same licensee. Sec. 4 -11 Display of Licenses All persons duly issued a license shall display such license prominently at the business so licensed. if the license pertains to a vehicle, such license shall be affixed to the vehicle in a prominent location. Sec. 4 -12 Nontransferability of License All licenses issued by the office of the City Controller are nontransferable. Sec. 4 -13 Replacement License Whenever a license is lost or destroyed, a duplicate license may be issued by the office ofDthe Cit(5Controller upon the payment of a replacement fee of . Sec. 4 -14 Licensing Powers -id Duties of the office of (a) The City Controller shall issue all licenses in the name of the City. (b) In determining whether or not to issue, revoke or suspend a license, the Controller may request or receive recommendations from any department or bureau. (c) The Controller is hereby given the following general powers with respect to licensing businesses: (1) To prepare and adopt all forms to be used in applications, licenses, permits and bonds where such forms are not prescribed by law, and to adopt all forms for required inspections. (2) To adopt, issue, amend, rescind and enforce reason- able rules, regulations and orders which are required in the administration of all provisions of this Code relating to licenses. (3) To institute a review process to determine the qualifications of the applicant or the surety, if a bond is required. (4) To receive all licenses fees and despsit same in the City's general fund; to approve the surety on all bonds required in connection with any license issued. (5) To develop a system of notifying a licensee that his license is about to expire and to inform him of the license fee and any other Code changes which may affect his business. (d) The Controller shall provide to the Common Council, in writing, the following information on a semi - annual basis: -4- (1) Number and type of licenses issued. (2) Revenue obtained from licenses issued by license category. Sec. 4 -15 Warning Notice and Citations (a) Upon learning that a business requiring a license under this chapter is doing business without a license, the Controller may: (1) Issue a warning notice to the violator stating that he is in violation, that he has seven (7) days in which to apply for a license and that failure to do so may result in a Citation being issued for the violation, or (2) Request that a Citation be issued to the violator imposing a twenty -five dollars ($25.00) fine. Each subsequent day of violation shall be considered a separate offense for which a Citation may be issued. (b) The Warning Notice issued under this chapter shall contain the date, time, name and address of the violator, the Code s -ction violated, nature of the violation, location of the violation, the name of the officer issuing the warning notice and the telephone number of the office to contact for information. (c) The Citation issued under this chapter shall contain the date, time, name and address of the violator, the code section violated, the nature of the violation, location of the violation, the name of the officer issuing the Citation and instructions as to disposition of the Citations. Sec. 4 -16 Refusal to Issue, Suspension or Revocation of Licenses (a) The City Controller may refuse to issue a license and any license issued pursuant to this Code may be suspended or revoked by the City Controller after reasonable notice and hearing for any of the following causes: (1) any fraud, misrepresentation or false statement contained in application for license; (2) any fraud, misrepresentation or false statement made in connection with the selling of goods, wares, merchandise and services; (3) any wilful violation of a term or condition of a license; (4) any wilful activity in violation of a statute or provision of this Code related to the licensed business; (5) conducting the activity in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, welfare of the public. (b) Unless provision is made under this Code for review before a specified body or board, an applicant for or holder of any license who has been aggrieved as a result of the refusal to issue a license or the suspension or revocation of any license issued pursuant to this Code, shall have the right to a hearing to review such refusal to issue, supsension or revocation before the Mayor or his designee . -5- Notice of Hearing for the refusal to issue a license or the suspension or revocation of a license shall be in writing given by the Mavor or designee. setting forth specifically the cause or causes for the hearing. Service of such notice shall be made by either personal service, which shall be certified, or by certified mail, return receipt requested, to the applicant or licensee at the last known address, at least five (5) days prior to the date set for the hearing. (c) The Mayor or his designee may issue subpoenas to compel the attendance of witnesses, administer oaths to those witnesses, and require them to testify. The Indiana Rules of Procedure shall apply to these proceedings to the extent they can be applied. (d) The Mayor or his designee shall file a copy of his findings and determination with the City Controller and the applicant within twenty -four (24) hours after it is made. (e) In case of refusal to issue a license or the suspension . or revocation of a license as herein provided, no portion of the application or license fee shall be returned to the applicant or licensee. (f) Any suspension or revocation hereunder may be either in addition to or instead of any penalty or fine as prescribed in this Code. (g) The order of the Mayor or his designate shall be the final municipal action for the purpose of judicial review. Article 3 _Schedule of License Fees. Sec. 4 -17 Businesses Requiring a License. (a) The following businesses shall be licensed and charged the fee so designated. Every business which fails to obtain a proper renewal license by January 31st of each year, shall be assessed an additional late fee of ten percent (108) of the total fee charged, which shall be paid prior to the issuance of a license. (b) In the event an application for license is made after September 1st of each year, the fee shall be prorated to one -half (1/2) of the yearly license fee. (c) Regulated Business 1) Arborist /Tree Service 2) Food Vending Vehicles 3) Hotels /Motels 4) Laundries, Laundries Self- Service,/ self- service Dry Cleaners 5) Massage Parlors 6) Massage Technicians 7) open Air stands (9) $)- ppe11_.paik3irq- ;,D•t -s Public Parking Facilities Peddlers /Transient Merchants /Canvassers and B i0) Restaurants 11) Restaurants with Live Entertainment /Music (Class A /Cabarets) 12) Rubbish and Garbage Removal 13) Scrap Metal Dealers /Transfer Stations /Recyling operations/ .Junk Dealers 14) Secondhand Dealers 15) Solicitations, Charitable db-) - - 3'a- ve- r-ns/- .Soak -ta i I- 1 ouru}e $/ -C - 393-- "veTtis wit4r3ri-ve Imtt�rtarn t- EClass-R - Gabar-et) ( lWl -81 -- Taxicabs Sec. 4 -18 Annual Review of Fees The Common Council shall review annually all license fees charged by the City. All fees shall be reasonably related to the cost incurred by the City in regulating specified businesses. Article 5 Specific Business Regulations Sec 4 -19 Arborist License (a) License Required. No person shall engage in the business of planting, removing, trimming or spraying trees or shrubs within the City without first obtaining an annual arborist's license authorizing such person to engage in such business. (b) Application. Each applicant for the license shall procure from the Office of the Controller an application for such license. No license shall be issued by the Controller until the application has been approved by the Board of Park Commissioners. The approval shall not be granted unless the Board is satisfied of the competency of the applicant to engage in such business. (c) Insurance Prerequisite. Before an arborist's license is issued the applicant shall be required to file with the Controller a certificate of insurance as proof that the licensee is carrying public liability insurance in an amount of not less than twenty -five thousand dollars ($25,000.00) for each person, fifty thousand dollars ($50,000.00) for each accident, and property damage insurance in an amount of not less than five thousand dollars ($5,000.00) for each accident or such greater amount as may be established by the Board of Park Commissioners. The proof of insurance shall be filed each year before an annual license is granted. (d) Issuance Fee. Upon recommendation of the Board of Park Commissioners and proof of public liability insurance, the Controller shall issue an arborist's license to an applicant upon payment of the following fees: (1) for engaging in the arborist business, Thirty dollars ($30,00) per year. -(2)- for each vehicle used in conducting the arborist business, Three dollars ($3:.00) per year, for which numbered license plates shall be issued. (e) License Revocation. In the event of any violation of the provisions of the Chapter the laws of the State pertaining to the planting, removal or maintenance of trees or shrubs in the City, or any of the rules of the Board of Park Commissioners which may be adopted in accordance with the provisions of this Code, by any licensed arborist, in addition to other penalties which may be provided for violation of this Code, the City Controller may, upon evidence being presented by the Department of Public Parks, revoke such license for the causes stated and in accordance with the procedures established in section 4 -16 of this Chapter. Sect. 41 -:2,0 through Sec. 4 -24 RESERVED (a) Definitions. As used in this section: 1) Food vending vehicle means any vehicle from which food items such as ice cream, candy, or other food sundries are sold directly to a consumer at retail, and which is operated on any public road, street or other place within the City. -7- 2) Health officer means the official having the power and jurisdicition to enforce public health laws and regulat- ions within the City. 3) Pedd3er -e-*s- a3u� persoassha se 11% ou- nffers_tn_ sell ^ from- a- €e ®d- �+e�ad��g--- vehic].e -aml- ice- �itaentisedsuaat_tn- tkis -- - Ghagtev, Operator means one who sells or offers to sell from a (b) Sel s Res gperatgr 1) No � sell or offer to sell from a food vending vehicle within a distance of one thousand (1,000) feet of any real estate which is then used as part of the school grounds of any duly accredited public or private grade, junior high, middle or high school between the hours of 7:00 a.m. and 3:30 p.m. on days when said schools are in session. operator 2) No- pedd -le-r- /shall use any loudspeaker, bell or other device giving an audible signal to advertise from a food vending vehicle except as provided in section 13 -57 of this Code, and not within a distance of one thousand (1,000) feet of any real estate which is then used as part of the school grounds of any duly.accredited public or private grade, junior high, middle or high school between the hours of 7:00 a.m. and 3:30 p.m. on days when said schools are in session. (c) Annual Inspection of Vehicles by Health Officer and Police Department; Proot of Liabi ity Insurance Coverage Required. 1) Compliance with sanitation and health requireme Prior to the issuance of a- gedd4e -rls�llicense as provided in this Chapter, and prior to the use and operation of any food vending vehicle under this article, the vehicle shall be thoroughly examined and inspected by the Health Officers to determine compliance with the minimum sanitation and health requirements specified by the State Board of Health. Written proof of said inspection shall be sent by the Health Officer to the Office of the Controller. 2) Required Safety Equipment and Mechanical Condition Prior to the issuance of a- pedd-ier's /license as provided in this Chapter, and prior to the use and operation of any food vending vehicle under this article, the vehicle shall be thoroughly examined and inspected by the Police Department and found to have the following safety equipment on said vehicle to be in good working order: (I) A metal, horizontally extendible sign at least twenty (20) inches in length and at least ten (10) inches in width, imprinted with the words "SLOW" in six -inch, black, block letters on a yellow background and "PROCEED WITH CAUTION" in two -inch, black, block letters on a yellow background, such arm to be lighted at the street end of said arm with two (2) alternately flashing amber lights two (2) inches in diameter, clearly visible from both front and rear at a distance of at least three hundred (300) feet, the bottom of said sign to be at a height of five (5) feet above the level of the street or way. MM (II) Two (2) alternately flashing amber lights not less than four (4) inches in diameter, placed one above the other on the street side of the front end of the vehicle, when legally parked, not more than one (1) foot apart, the lower of which shall be approximately four (4) feet from the surface of the street or way, and clearly visible from not less than three hundred (300) feet from the front of said vehicle. (III) Two (2) alternately flashing amber lights not less than four (4) inches in diameter, placed one above the other on the street side of the rear end of the vehicle, when legally parked, not more than one (1) foot apart, the lower of which shall be approximately four (4) feet from the surface of the street or way, and clearly visible from not less than three hundred (300) feet from the rear of said vehicle. Written proof of said inspection shall be sent by the Police Department to the office of the Controller. 3) Proof of Insurance Coverage. Food Vending Vehicle Prior to the issuance of a- pedd4.eri-s/ license as provided in this Chapter, and prior to the use and operation of any food vending vehicle under this article, proof of liability insurance coverage in an amount of not less than fifty thousand dollars ($50,000.00) for injury to or destruction of property as a result of any one occurrence, and public liability coverage of accidental bodily injury including death, to any member of the public in an amount of not less than one hundred thousand dollars ($100,000.00) for all public liability from any one occurrence, must be filed with the Office of the City Controller.,, 4) Notice of Cancellation. The policy of insurance filed with the Office of the Controller must also contain the following provision: "The City through the Office of the City Controller will be given fifteen (15) days notice prior to the effective date of the cancellation or other material change of this policy." rt- A+&J -I- e- rrrt€ aw€ t:€-€ er- any- metoriat;- wheirapproartri7rya p�- r��.eaocl. vsecli -x�g- velaicls- fsem- an�r- directisa- at- a- #,im�sztw,xi sucir- cam* =1e-is - the -met at -1 extendib -le --d-r r- t-�t-he M suing I-ights s- g�o� }ded- €ems- ix- Sab- Seetaex�ci 12� (Ia -t> #him -S-e ur bh-,-- d'Yxtl ra- stow- &cwrx -when - approaching;- artdt+hen-to pr.�,c�r- t,�r -t-t+- ear +�ior+- �o- gass -sa �d- ueh�e�e: (d)-(-%-)- Penalties for violation. operator Any who operates a food vending vehicle ipoo en ag violation of this section may be subject to- having his -1 vehcilc license suspended or revoked, and having a fine imposed of up to One Hundred Dollars ($100.00) for each violation. Le) Food. Vending - Vehicle License. A Food Vending Vehicle License shall be required for ever vehicle for use and operation in the City. Said license C s unapter metal sign is Sec. 4 -26 through 4 -29 RESERVED - 9- Sec. 4 -30 Hotel and Motels (a) License Requirement. No person shall engage in the business of conducting a hotel or motel without having first obtained a license from the'Office of the City Controller. A building in which lodging, with or without meals, is provided and offered to the public for compensa tion and which is open to transient guests shall be considered a hotel or motel. (b) Application. Any person desiring to keep a hotel or motel shall make application to the Controller for a license. -The- - applicant- s.ha -1- l -ata# -n -the- ap 'cation- the- exaet- lecati.en -o€ -the - proposed- -and- lf-- -he- -apabicant -is -a- corporation,- the- names - and- add -resses - o-f- -eat member- -o-€ -sue-h - sorpGratiow r -and, - i €- the- app3 ieatic n- -is- made- by --a --f -Terror -c rrtner- ski-i -pr -the- names- and - addresses- o € -each- - member- of -stzeh -f -iTrm-ex- tope -r -t- nor- sk +ip.--- T-tie- appIieatien- skali- eon €a3a -- -the- genera3- deseripti -0 n -o-f- the-- x�ownr- building -or -place - to -be- used- - - acrd - the- purpose - for- sa)rie - #-tom - rear -bei- 144 -Rg -Gr -place -is- to -be- operated, (c) Inspections. All necessary inspections shall be conducted by the City, and the applicant shall present- therpermr�i.9@0 Eby the County health authorities to conduct and operate the hotel, or motel. (d) Fees. The fee f 2 tge }ssuar 1 )renewal of each license under this section shall be /"mar` LLr61iP available for rental in any such hotel or motel with a minimum fee of Twenty-Five Dolla (825 oo) per year. and inspection receipt of payment, (e) Issuance. Upon -the- application /and- fa - 4bei4rg- made -,t the Controller shallissue to the applicant a license to operate at such location as tNe keeper of a hotel or motel. Sec.4 -31 through 4 -33 RESERVED Sec. 4-J4 Selt Service Launderies (a) Definitions. As used in this Section: Dry Cleaners (1) Operator of self- service laundries/ means any person or other business unit who keeps or maintains a commercial establishment open to the general public, which establishment is equipped with o-r r7 r.v rlaaninrt ma n3Ci noc washing machines or drying machines/ Wing, wash- ing or drying laundry/9fid 4bi%nA$$ials, and which washing and dry - ing/iRiclifrYeg 9M19Lqlf- operated by the general public upon payment of a charge to an attendant or to a coin collection mechanism. Dry Cleanerg or dry cleaning (2) Self- service laundries /mean on y such laundry/ es a is - ments which provide self- operated washing or drying facilities and which are open and available to the general public. The term does not include any establishments wherein the laundry services are performed by employees of the operator of the laundry establishment, nor does this terms include self- service laundry facilities which are provided for or established in apartment or multiple - rental units, as long as such self- service laundries are not open to the general public and are restricted in their availability to the tenants or inhabitants of such apartment or mutilple- rental units. (b) License Required No person shall engage in or operate any self- service laundery without first obtaining a license from the Controller. An inspection by the Fire Prevention Bureau shall be required of all such businesses. (c) License Fees. The application for a self- service laundry license shall pay an annual fee of Two Dollar ($2.00) for washing machine, dryer or c_ommination washing machine -dry r /lYs u YrF`th licensed establishment., or a minimum of Fiftv Dollars $I�— per establishment. -10- (d) Periodic Inspections• Failure to Correct Violations. (1) The Fire Depadr�tmentaIn�spection Bureau shall inspect each self- service laundry ____.__ __ deemed necessary for the purpose of determining whether or not the owner or operator is in compliance with this section. (2) If any operator fails to correct any violation of this section or has not taken the necessary steps to an expeditious correction of any violation cited by the Fire Inspection Bureau within twelve (12) hours after such notice of violation, the Fire Inspection Bureau shall take immediate action to the end of closing such establishment pending the correction of such violation. Dry Cleaners (e) (e) Regulations of Self- Service Laundries,/ Self= service dry cleaning and laundry operators shall comply with the following provisions: dry cleaners (1) All self- service laundries /shall be- adegaateip- lighted during all business hours at all areas to which the laundry equipment users have access; pursuant to the pertinent provisions of the building code; (2) The floor under any installation of equipment shall be adequately supported to the end of prevention of possible breakage of gas or electric lines through shifting or falling equipment; (3) Dryers shall be installed with a clearance of not less than eighteen (18) inches between the exhaust ductwork and the inside surface of any wall; (4) The installation of washing or drying equipment shall be made to provide -at least eighteen (18) inches of aisle space in front of the washing or drying units when the doors of such units are open to a ninety (90) degree angle; (5) No exposed wood or other flammable material shall be installed or built within eighteen (18) inches of any drying equipment, unless insulated with fireproof material approved as such by the Fire Inspection Bureau. (6) All wall surfaces located within eighteen (18) inches of any laundry unit shall be faced with a nonflammable material. (7) Installation of all gas lines shall be rigid; that is, of steel pipe rather than copper tubing. (8) All such establishements shall be clean and free from any accumulation of combustible materials. (9) The operator shall remove from all drying machines and from the vicinity thereof at least two (2) times during each twenty -four (24) hours that such establishment is open for business all accumulations of lint and other combustible materials. (10) There shall be installed and kept readily available to the users of laundry facilities fire extinguishers recommended and approved by the Fire Department. (11) The Fire Department shall be furnished with an identified key to all locked areas containing fuel and electrical power inlet equipment. (f) Subject to Closure for Violation By committing any violation of this section, or for any of the causes as set forth in section 4 -16 of this Chapter, the operator shall subject his establishment to closure pending the outcome of the review hearing authorized pursuant to section 4 -16. -11- Sec. 4 -35 Massage Establishments and Technicians (a) Definitions. As used in this Section: (1) Massage means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powers, creams, ointments, or other similar preparations commonly used in the practice of massage. (2) Massage establishment means any establishment having a fixed place of business where any person engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on, massages or baths. (3) Massage technician means any person who, for any form of consideration whatsoever, gives or administers a massage or bath to a parton. (4) Person means any person , association, firm, partner- ship or corporation. (5) Patron means any person who receives a massage or bath from a massage technician. (6) Recognized school of massage means any school or institution of learning which has for its purpose the teaching of the theory, ethics, practice, method, profession, or work of massage tachnicians; thish school or institution of learning has been approved by the American Massage and Therapy Association, or has a program which requires a resident course of study of not less than one thousand (1,000) hours to be given in not less than six (6) calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of said course. Schools offering a correspondence course not requiring actual attendance of class shall not be deemed a recognized school. (b) Exemptions from Section.. This section of the South Bend Municipal Code shall have no application and no effect to the following: (1) Hospitals, nursing homes, sanitariums or other health care facilities licensed under the State of Indiana, and physicians, surgeons, chiropractors, osteopaths or physical therapists licensed or registered to practice their respective professions under the laws of the State of Indiana, or nurses registered under the laws of the State of Indiana acting under their direction and control. (2) Barberships and beauty parlors, barbers and beauticians licensed under the laws of the State of Indiana provided that such massage as is practiced is limited to the head and scalp. (3) Accredited -high- -schools and colleges and coaches and trainers therein while acting within the scope of their employment; and not for profit community supported agencies. (c) Massage Establishment License Required; Procedure for Filinq Application and Issuance. It shall be unlawful for any person to engage in, conduct, -12- or carry" on, in or upon any premises within the City of South Bend the business of a massage establishment without a license issued pursuant to the provisions of this section for each and every such massage establishment. (1) Application;Contents. 1. An application for a license to operate a massage establishment shall be filed with the Board of Public Works upon forms provided by the City Controller's Office, and such application shall be verified under oath. 2. The filing of an application for a license does not authorize conducting a massage establishment business until such license has been granted. 3. Each applicant shall furnish the following information: (a) The legal name of the applicant; (b) The present addresse and telephone number of the applicant. (c) The previous addresses, if any, for a period of three (3) years immediately prior to the date of application and the dates of such residence; (d) The date of birth; (e) Three (3) passport size photographs one inch by one inch taken within six (6) months of the date of application: (f) The business, occupation of employment history for three (3) years immediately preceding the date of application, including but not limited to, whether such person previously operating under a permit or license in another city in this or another state has had such license suspended or revoked, the reason therefor and the business activity or occupation subsequent to such action of suspension or revocation; (g) All convictions, including ordinance violations, exclusive of traffic violations, with a brief statement of the nature of the convictions and the jurisdiction in which the convictions occurred; (h) If the application is a corporation, the name of the corporation shall be set forth exactly as shown in its article of incorporation or charter, together with the state and date of incorporation, and the neames and addresses of each of its current officers, directors and each stockholder who owns fifteen (15) percent or more of the stock of the corporation , and the application shall be verified by an officer of .the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners, and the application shall be verified by each partner. If one or more the the partners is a corporation, the provisions of this section pertaining to a corporate application shall apply to the corporate partner. If the applicant is neither a corporation nor a partnership the application shall set forth the full name and address of the applicant and be verified by the applicant. The applicant for massage establishment license shall set forth the pro- posed place of business and the facilities therefor, -13- together with a detailed description of the nature and scope of the proposed business operation. (2) Review and Recommendations. Application for licenses under this article shall be referred to the proper offices for formal review and recommendation and each shall report their findings to the Board of Public Works. Applicants shall cooperate with any review conducted pursuant to the provisions of this article and shall permit access to the proposed place of business and facilities in conjunction with any such review. (3) Public Hearing and Notice. Upon the filing of an application, the Board of Public Works shall fix a time and place for a public hearing thereon. Written notice of hearing shall be given to the applicant. Due notice shall also be given to the general public by publication of such notice one time in a local newspaper of general circulation. Any interested person may file with the Board of Public Works a memorandum in support of or in opposition to the issuance of a license. (4) Granting of License. within thirty (30) days of the receipt of an application and and after proper publication and receipt of the aforesaid recommendations the Board of Public Works shall conduct a public hearing and shall instruct the City Controller to issue a license to operate a massage establishment if it is found that: I. The application reasonably conforms to the provisions of this section.. 2. The applicant has not knowingly made a material mis- representation in the application for a license. 3. The applicant has reasonably cooperated in the review of his application. 4. The massage establishment as proposed by the applicant would comply with all applicable laws, including but not limited to the City's building, zoning, health, fire and safety regulations. 5. The applicant if an individual, or any of the stockholders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, have not been convicted of any crime involving unlawful deviate conduct, deviate sexual conduct, or unlawful sexual conduct, as defined in Title 35 of the Indiana Code, within three (3) years prior to the date of application. 6. The applicant has not had a massage establishment license or a massage technician permit or other similar license or permit denied or revoked for cause by this City or any other city located in or out of this State within the three (3) years prior to the date of application. 7. The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, is eighteen (18) years of age. 8. The applicant, if a corporation, is licensed to do business and is in good standing in the State of Indiana. -14- 9. The massage establishment as proposed by the applicant would comply with the requirements of this article. (5) License Fee. (1) The fee for an annual license to operate a massage establishement shall be Fifty dollars ($50.00) payable to the City Controller at the time of the issuance of said license. (2) The annual license shall be effective from February 1st to January 31st of the year for which the license is issued. (3) The license to operate a massage establishment shall include the following: (a) The name and address of the applicant; (b) The name and address of the massage establishment; (c) The date of issuance. - -FGh -- Denial. - -- - -no-t -rs- seed,-- tl�e- applieatieR- shags -be- den- ie�3 -. -t2f -- The- unseccess -u3- app -14-c- rt - m�aqppea-1 -tom t- t9-- l4yo-r - -€o-r- -a -he arTrrg - pursuant- to- section- -4--1-6- o-f- t+ris- Vla- free -r-.- (d) Massage Technician License Required. It shall be unlawful for any person to act as a massage technician unless he has a valid license issued pursuant to the provisions of this article. (1) Application; Contents. 1. An application for a license to act as a massage technician shall be filed with the City Controller upon forms provided by the City Controller's Office and such application shall be verified under oath. 2. The filing of an application for a license does not authorize acting as a massage technician until such license has been granted. 3. Any applicant for a massage techinician license shall furnish all the information required by sub - section (c)(1) of this section. In addition, the applicant shall furnish proof of the following: (a) Certificate from practice in the State applicant has, within preceding the date of found to be free of a diseases. a medical doctor, licensed to of Indiana, stating that the thirty (30) days immediately application, been examined and iy contagious or communicable (b) A diploma or certificate of graduation from a recognized school if any. (c) The massage establishment, if any, at which the applicant expects to be employed. -15- (2) Review and Recommendations. Applications for licenses under this section shall be referred to the proper offices for formal review and recommendations and each shall report their find- ings to the City Controller's Office. (3) Granting of License. Within thirty (30) days of receipt of the application and aforesaid recommendations, the City Controller shall issue a massage license if it is found that: 1. The application reasonable conforms to the provisions of this section. 2. The applicant has not knowingly made a material misrepresentation in the application for a license. 3. The applicant has reasonably cooperated in the investigation of his application. 4. The applicant has not, within three (3) years immediately preceding the date of application, been convicted of the crimes of unlawful deviate conduct, deviate sexual conduct or unlawful sexual conduct as defined in Title 35 of the Indiana Code. 5. The applicant has furnished an acceptable diploma or certificate of graduation from a recognized school or, in lieu thereof, has demonstrated competence and proficiency to the satisfaction of the City Controller through continuous experience as a massage technician for a three -year period prior to the date of application. 6. the applicant has not previously had a massage technician license or a similar license denied or revoked for cause by this City or by any other city in this or any other state within three (3) years of the date of application. 7. The applicant is eighteen (18) years of age. (4) License Fee. 1. The fee for an annual license to act as a massage technician shall be Fifty dollars ($50.00) payable to the City Controller at the time of the issuance of such permit. 2. The annual license shall be effective February 1st to January 31st of the year for which the permit is issued. (5) Denial. If a license is denied, the applicant may appeal to the Mayor for a hearing pursuant to section 4 -16 of this Chapter. (e) Facilities. Every massage establishment shall maintain facilities meeting the following requirements: (1) Zoning: Every massage establishment shall be operated or conducted only in districts permitted by the City Zoning Chapter of the South Bend Municipal Code. -16- (2) Sign: A recognizable and legible sign shall be posted at the main entrance identifying the establishment as a massage establishment. It shall comply with all applicable ordinances and State laws on sign requirements. (3) Security Lockers: Every massage establishment shall be equipped with security ockers capable of being locked by the patron. A sufficient number of security lockers shall be provided so that each patron may properly secure and store his clothing and other personal valuables. (4) Separate Facilities for Male and Female Patrons: If male and female patrons are to be served simultaneously, such massage rooms, dressing facilities, rest rooms and sauna rooms as are provided shall be separate facilities for male and female patrons and each separate facility or room shall be clearly marked as such. Said separated facilities shall consist of the following: One shower; one washbasin; one rest room facility; one dressing facility and one massage room incapable of being locked from the interior. (5) Facilities for Employees: A minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times and shall be locatd within or as close as practical to the area devoted to the performing of massage services. In addition, there shall be provided sanitary towels in permanently installed dispensers at each washbasin. (6) Size and Lighting: Minimum lighting shall be provided in accordance with the municipal building code, and in addition, at least one artificial light of not less than forty (40) watts shall be provided in each room or enclosure where massage services are performed on patrons. Such rooms shall have at least fifty (50) square feet of clear floor area. (7) Ventilation: Minimum ventilation shall be provided in accordance with the municipal building code. (8) Equipment: All equipment necessary to properly furnish and maintain a massage establishment pursuant to the standards set forth by the American Massage and Therapy Association shall be incorporated here. (9) Health Code: All health code provisions regulating business establishments shall be incorporated here. (f) Operation. Every massage establishment and every massage technician shall comply with the following operating requirements. These requirements shall be prominently and publicly displayed in a conspicuous place upon every premises licensed under the provisions of this section. (1) Massage establishments shall commence operations no earlier than 7:00 a.m. and the hours of operations shall extend no later than 12:00 midnight. (2)Massage establishments and massage technicians therein shall prominently and publicly display on the premises their respective licenses and permits during all hours of operation. -17- (3) A list of services available and the cost of such services shall be posted in an open, public place on the premises, and shall be described in readily understandable language. No owner, operator, responsible managing employee or manager shall permit and no massage technician shall offer to perform any services other than posted. (4) Massage establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens. Clean towels, coverings and linens shall be stored in cabinets. Towels and linens shall not be used on more than one patron unless they have first been laundered and disinfected. Disposable coverings and towels shall not be used on more than one patron. Soiled linens and paper towels shall be deposited in approved receptacles. (5) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, rest rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the Health Department. Bathtubs shall be thoroughly cleaned with a disinfectant approved by the Health Department after each use. All walls, ceilings, floors and other physical facilities for the establishement must be in good repair and maintained in a clean and sanitary condition. (6) Instruments utilized in performing massage shall not be used on more than one patron unless they have first been sterlized using approved sterilizing equipment. Massage table pads and re- usable table coverings shall be disinfected between each massage with approved chemicals. Chemicals used during massage shall be stored in cabinets reserved solely for such purpose. (7) Massages shall not be given unless patrons are wearing clothing fully covering their genitals and female patrons are in addition wearing clothing fully covering their breasts. Where such clothering is furnished patrons by the massage establishment, it shall not be used by more than one patron unless it has first been laundered and disinfected. Massage technicians shall be fully clothed from the knee to the neck in clean, light - colored clothing. (8) No persons shall enter, be or remain in any part of a massage establishment while in the possession of, consuming, or using any alcoholic beverage or drugs except pursuant to a pre- scription for such drugs. The owner, operator, responsible managing employee, or manager shall not permit any such person to enter or remain upon such premises. (9) Massages shall not be given to patrons who have open sores or other visual signs of contagiods or communicable disease. (g) Inspections. Building inspectors, firemen, and health officers shall at least twice each year make an inspection of each massage establish- ment in the City for the purpose of determing that the provisions of this Chapter are met. Such inspections shall be conducted after reasonable notice is given to the owner or operator of a massage establishment; they shall take place during the hours such establishment if open for business; and only upon the showing of proper credentials of such persons. All other investigatory power such officers may have from State laws shall be incorporated herein. a" - R*)- -44ona tr- &n%fesability- o €- bicease- 7lpom7 Sale ox-Z a-nf• - e -r-.-- 11-3rnr- the- -sale -or _trans €es_of_any_intere.s isL a mas_c =.ciA-_ -ems rtr14- ahmerrt,-- the- 1-reease- ska €I- be- Attli- and- ae-id�-- Ay p' -rc - de-ai-r - %ng-- o•- con-tinua- to. _Qpesate -such -ma ssage- establizbMeXLt_X ^�T -- sal� bra -r r4fer- slrar }- €ile- an- appIieat3err -wsth- the -$card o£- 1Vxb1 -ie - -Wor)rs --irr ­accor&a-nce -with -this - artiele : - (h) -(ter- Grounds for Revocation or Suspension of License or Permit. (1) Massage establishments and massage technicians shall be subject to all pertinent City and County ordinances and the State of Indiana Statutes and violation of any such laws shall be grounds for the suspension or revocation of licenses or permits. (2) It shall be unlawful for any person to operate a massage establishment without having a license therefor as required by this section. (3) It shall be unlawful for massage technician without having a perm this section. (4) It shall be unlawful for massage establishment to allow or permit massage technicians without first having required by this section. any person to act as a Lt therefor as required by any person who operates a persons to act therein as a permit therefor as (5) It shall be unlawful for any person to act as a massage technician within a massage establishment which does not have a license therefor as required by this section. (6) It shall be unlawful for any massage technician to massage or offer to massage the genital area of any patron or the breasts of any female patron or for any operator of a massage establishment to allow or permit such massage or offer to massage in such massage establishment, or for any patron to permit such massage upon his body. (_j) - .(.j -)_ Conducting in Violation of Section Deemed a Nusiance. Any massage establishment operated, conducted or maintained contrary to the provisions of this section shall be unlawful and declared a public nuisance. The City Attorney may, in addition to or inlieu of prosecuting a criminal action hereunder, commence an action for the abatement, removal or enjoinment therefor, in the manner provided by law; and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishment and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this section. (k) -00 -- Penalty. Any person who violates any provision of this section shall be subject, upon convicti t fine of not less than FiveH" `� ^�' s ($)00.00 nor more tha;l P Rdre ,F_�P�,- xnaarea dollars ($2.500.do The violation of any provision of this article shall constitute a separate offense for each day such violation may exist. -19- ,Sec. 4 -36 RESERVED Sec. 4 -37 RESERVED Sec. 4 -38 Operi Air Stands (a) Every person who erects, places or stands in the City an open air booth, shed, tent, or stand for the purpose of selling, bartering or exchanging on or from such place any goods, wares or merchandise, which terms shall include also all fruits, . vegetables, country produce, refreshments and confectionery, before engaging in such business shall obtain a license from the Controller. The license shall designate the place where such stand is to be operated and the kind of booth, shed, tent, or stand in and from which such articles are to be sold. (b) If the location for a stationary open air business is on private property, the applicant shall attach a signed statement from the real property owner granting permission for the location, and this shall be attached to the application. (c) Applicants desiring to sell only goods, merchandise, fruits, vegetables, or produce by weight or measure, shall present a certificate signed by the Sealer of Weights and .Measures showing that all scales and measures have been tested and approved, at the time of making application. (d) The license fee for a stationary open air business, if conducted on private property shall be Five Dollars ($5.o(bler day, or a- Twenty Five Dollars - per- men-th-"atld- ($25.00) minimum, or One Hundred Fifty.Dollars.($'l_50.:00 er year. If the open air business is to be conducted upon public places then such license fee shall be Five Dollars ($5,00.) per day,or a Twenty - five($ 25.0O�er-mont'h-,--and minimum, or Two hundred Dollars,($200.0 er year. No license shall be issued by the Controller upon any such application to engage in such business until, the stand and the place of operations is designated in writing upon the application and suchplace and the stand from which sales are to be made are approved, in writing, by the Board of Public Works. Sec. 4 -39 - Open - Parking -LO ts- -Public Parking Facility Fa)- - -open -parking - lot- shaii- mean - any - -ur- parc�l - o& -"r+d -used -€ es -the - purpose- e€- ater sng- wtator- veiri-cl-esirhere- -- -- the- bwnersror- persons- storing- saeh- aehieles - are- charged--&- tee - -This -terms,_i-no•1- udes.- suGh -plet- where - shelters -that- are - -no-t mom - ete1-Y- •en Rsec} aTe•-e-reeted -and - which- are -open- to- the- general- pui -11: .- -- (a) Public parking facility shall mean any plot piece or parcel _ d or any building or structure used for the purpose of storing ..,,M..,,no._ ,.,a,:e >:a +a,A nwnars or persons storing such vehicles are en to the publ (b) Signs Required. (1) Each licensee under this sent Qncsn 1. ma each entrance to the licensed - op t =fsa�i 'ioC: —d—' permanently affixed sign suitable to apprise persons using the _ of the name of the licensee, the hours of the day or night during which such places are open for storing motor vehicles,.the rates charged and the closing.hours of such lot. (2) when more than one (1) rate is charged for parking, the figures of each rate shall be of the same size and dimensions. The figures shall measure not less than eight (8) inches in height. The letters and figures indicating the closing hours shall not be less than four (4) inches in height. -20- (3) The sign shall give the number of the City License under which the lot is operated. (4) Where the licensee operates a receiving lot in which cars are accepted with the understanding that such cars may be removed to another lot, the licensee shall post on such sign, in letters not less than four (4) inches in height, the following information: "Receiving Lot - Cars Parked Here May Be Moved To No. Street" (giving the address to which such cars are moved . (5) All signs shall be subject to the approval of the Building Commissioner of the City. (6) Where separate rates or charges are made for day parking and for night parking, notice shall be posted on the signs described in subsection (1) of this section. (c) License Required. 'a public parking facility No person shall maintain or conduct /an -open - arkirg -44ot- within the City without first having obtained the approval from the Board of Public Works and a license issued by the Controller. (d) Application. public parking facilities (1) Applications for licenses forfopen- parking -iots shall be made by the person intending to operate open- park3ng- -��* - a public parking facility. (2) The application shall set forth the following: (a) The name under which and the place where the open parking lot is to be operated. (b) Whether the applicant is an individual, partner- ship or corporation. If an individual, the name and business and residence address of the applicant shall be given; if a partnership, the name and business and residence address of each partner shall be given; if a coporation, the name, date and state under which such corporation was organized, and the name and business address, resident agent, and a certified copy of article of incorporation, if requested by the Board of Public Works, shall be furnished. (c) Whether the premises are owned or leased by the applicant, and, if leased, the name and residence and business address of each owner, or part owner thereof. (d) The number of motor vehicles which may, at any one (1) time, be stored upon; the premises. (e) The hours during which motor vehicles may be stored. (f) A complete schedule of the rates to be charged for storing motor vehicles and the hours at which changes in rate take place. (g) Such other information as the Board of Public Works may deem advisable. (3) The application shall be signed and verified under oath by the applicant, if an individual, or by a duly authorized agent, if a partnership or corporation. -21- Public Parking Facility (e) - Ope- n--- a- r- k-!*(_t - bteense -Fee:- public parkin 4' c�ilQA one Dollar, ($1.00) for each parking space contained n mot shall be paid for each license issued under this section for an - opeir- pe- r -i-ng -lat.- a public parking facility. (f) Bond or Property Liability Insurance. P.ublio ( ). No license shall be issued pursuant to this section and i n r Z g1-ot shall be operated until and unless the licensee under this section has deposited with the Board a bond or property liability insurance policy in the amount scheduled in this Section. The bond or insurance policy shall be with one (1) or more adequate sureties or a surety company acceptable tothe Board and conditioned that the licensee will pay all final judgments rendered against him for damages arising during the period such bond or insurance policy is in force fromthe operation of the motor vehicle in such- open -- parkiaq-bat -,f or from loss, damage, theft or conversion of any motor vehicle. public parking facility (2) Any person who sustains damage by reason of the violation of any provision of such bond or insurance by an licensee may institute suit upon the smae and recover any judgment that may be obtained by reason of such suit. (3) The bond or insurance policy shall meet the following requirements: a. It shall contain a provision that it shall continue in force until ten (10) days after written notice of cancellation has been delivered to the Board of Public Works or until the license of the applicant has been revoked; b. The obligation of the bond or insurance policy shall not exceed the principal amount of the bond; C. The bond or insurance policy shall be in the following amounts: 1. Where the licensee conducts one (1) lot, Ten Thousand Dollars ($10,000.00). 2. where the licensee conducts two (2) lots, Fifteen Thousand Dollars ($15,000.00). 3. Where the licensee conducts three (3) lots, the sum of Twenty Thousand Dollars ($20,000.00). 4. Where the licensee conducts four (4) or more lots, the sum of Twenty -Five Thousand Dollars ($25,000.00). (g) Investigation of Applicants; Issuance of License. (1) If, after investigation, the Board of Public Works determines that the applicant for a license meets the requirements of the section, the Board shall report the same to the Controller. public parking f r($kry he Controller shall issue to the applicant a license for /am =agem= _parking =lot upon payment of the proper fee. (h) Claim Checks or Tags. (1) At the,�ime f, egt�pq;� motor or parking in any- og� =g -as } �e p rson his agent, servant or employee shall furnish to his motor vehicle a distinctive check. -22- vehicle for storage conducting the lot or the person parking (2) The check shall be numbered to correspond to a coupon placed upon such motor vehicle and contain the lname and addacsTitv of the place and the owner operating such7o�A- O9r-J?fW49t- bpon` such check shall be written, printed, cut out or stamped the date, and, if parking is charged for on an hourly basis, the time of acceptance of such motor vehcile. (3) The above provision shall not be applied where cars are stored on a monthly fee basis. (i) Rate Changes. (1) No licensee under this section shall m „aka any arhkar e for storing any motor vehicle in an- open - parkin§- letf�facility that set forth in his application for a license, unless he has: (a) Notified the Board of Public Works in writing of the change: (b) Posted signs showing such change.in the smae manner as set forth in sub - section (b) (j) Claims Against Lot; Reports; Liability After Hours. (1) Each licensee under this section shall immediately notify the Controller of any claim over Twenty -Five Dollars ($25.00) made by reason of any loss, theft or conversion occurring upon his premises or of any claim for damages arising from the operation of his -open- parking - -1O -tz- public parking facility. blic parking faci� a motor vehi posted hours printed upon owner. The obligation of any person operating or conducting q -let-under the terms of the section to the owner of ale parked herein shall not extend beyond the regular of attendance, as posted upon the open parking lot and the regular receipt check furnished to the motor vehicle (k) Fire Equipment Required: Cars to be Accessible. p��kin facilities (1)� ge0 n- pa� rpkxarng-lo s -shaalI be equipped with proper fire extinguishing apparatus subject to the approval of the Fire Department. (2) All motor vehciles shall be stored in such a manner that they may be reached readily in case of fire of other emergencies. (1) Temporary Lots; Restrictions. (1) Nothing contained in this section shall be deemed to require the licensing of temporary lots operated for the accomodation of motorists attending public functions,such as football games or circuses, even though a fee may be charged the patrons of such temporary lots. No such temporary lots, however, shall be operated more than two (2) days in any week. (2) At the entrances of the temporary lots there shall be placed a sign on which is printed the words, in letters of sufficient size to be legible to all patrons "Temporary Parking Lot -Not Licensed.” '(M) Exemptions - All govermental owned and operated public parking facilities shall be exempt from the licensing provisions of this chapter. SEC. 4 -40 RESERVED - SEC. 4 -41 RESERVED -23- Sec. 4 -42 RESERVED Sec. 4 -43 Peddlers, Canvassers, Itinerant Produce Dealer (a) Peddler. A peddler is one who sells or offers for sale tangible commodities directy to a consumer from house to house, store to store, or on the streets.- os -i-n axy- ptrbiie ep p-xivat-e-e=a:.e- wke -re-- lie- sells - +rom-a-- st-atienerl- stand-. Peddlers shall include persons selling from any type of motor vehicle; persons going on foot as "pack peddlers',', and persons commonly known as transient merchants. (b) Canvasser. A canvass ao� tolici��rp s one who takes orders for future deliveries /rrr riva a places or from house to house and not from an established place on private premises. 40 --- - ti- ner -a-mt Freduee,- Dealer- - -An- itinerant- produce- desie-r -is --a*M - j>er-sc Ti--44 o--se- 1-1 -s- or- €€ers - €er -sale - € rem- a- eart -,- wagon -,- eut.om -Ie -or --at- her -vek iele -operated -er-prepel led- en- the- sttreets --a+vi- t-horotrglrferes- crf -�-he- Witty -any- €rafts; - vegetables -er- garden- {rrod�ree -,- teit-he-r- 4- n- -a-- f- reskr; -drie&r- proeessed- er- eanned- state; - bitter; -eggs, meats,- game-,- 1i- ve- -aTt&- drewwaed -Pe rxltrp -te- any - person- engaged- 3trt4w- knrsines�s vf--bh�-_ - re- amlle -at - retaik -or -wholesale -of - the - same - produce - -- wit-hi-rrt-ire -City, -or -tar - arry- cl -vb;- restaurant; - hotel - or- store- i� t-ire -- - i-ty.- --Produce --de-crlgr- skatt- not - include -any- person - making- tleiiverile-s-- ar rtcr any -person - pedctrsrrg- directly -to -a- consumer - at- retail .- and (d) License Required. Every peddler,/canvasser,-ur=-- z-tiTeT4m-t-- Irrodrxee- -lea r -s al , before engaging in such business, obtain a license "from the office of the City Controller. - -Every �iae-rant - produce - dealer -se l} ing- at- whoiesa3e- vr- retai� stral- rvbtain both -an- itinerant- produce - dealer' s-iicense -an-d- a-­pe [&1er'-s 1s- cease•.- A-rr- itinerant -produce - dealer - selling- excivsive-iy at- whu1esa1-e- sirarY not -be -requi red -to -obtain- a-peddier's- iicens2 (e) Application. The application for a peddler's, or canvasser's -Gr- i-tinner-as• €- pr- ocle6e- dealer =s- license shall be made to the office of the Controller, and shall set forth: (1) The name under which the business is to be conducted. (2) The name, address and telephone number of the applicant. (3) Driver's license number and license plate of vehicle to be used if any. (4) The location(s) where the applicant intends to do business. (5) The type of goods, wares, or merchandise he intends to sell, and (6) The length of time for which he intends to do business. All applicants for licenses to sell any goods, merchandise, fruits, vegetables, or produce sold by weight or measure, shall file a valid certificate signed by the Sealer of Weights and Measures that all scales and measures to be used by the applicant in his business have been tested and approved, at the time of making application. The application shall then be referred to the Police Department for reuiew and recommendation. -24- (f) Peddler's and Canvasser's License Fees /Bonds . (1) The fees for licenses for a peddler or canvasser using a pushcart, wagon, motor vehicle or any type of vehicle shall be as follows:Fifty Dollars ($50. 0 per year; or Twenty -Five Dollars ($ 25. 00) per day. (- 2} -�9te -fees- far -} =tenses- for- a- pedd3zrvr --canvasser- -who Do-13 - e-------- - - - - -- or canvassers canvassers The license fee for pack peddler snall beforty Dollars ($40. --- - - - - -- Dollars �� per year., or twenty dollars ($20.00) for up to ten (10) consecutive - calendar days . -- (-4-) -- The. -li- eerie- €ee- €or- carrviag - on- the- busi4wwss- oY - i-ti-nerant - prod-uc a - dealer -by - mean s- of- a- eart -, - truek -,- ve4gon -,- aat-0mobi -le- - or ni he±- �etritte-operated -upea -the- streets -, - tliereag#rf- a-res- irA-- pu#rli7c--p3�ces-- o- €- Nhe- C-tty- shall- be -------------- D64- 1ars-- (- $-- - -. - --) --Per year-= - (3) (-5. )-- The City Controller may require an applicant to file a personal or surety bond with a maximum limit of Fifteen Hundred Dollars.($1,500.00). (g) License Badge or Plates. (1) Pack peddlers and canvassers and.all peddlers going door to door shall be supplied with a suitable badge or tag to be -worn on a coat or attached to the pack or basket. The number of this badge or tag shall be noted in the license. Badges shall be worn when doing business. (2) Vehicle and pushcart peddlers shall be supplied With two (2) metal number plates bearing the same numbers on each plate. These plates shall be at least three and one -half (3 1/2) by seven and one -half (7 1/2) inches in size and contain the words "Peddler's License, South Bend, Indiana, No. " giving the license number and the expiration date. _. j)- _- btinarant -produce - dealers - shall -be- S,,Ad szi th__ t- wo-- (-a. )- - meta.- _sdgnr., -not -less - than- six- 4.64 inches- w- We -arui- L ne -(-`�- i4i ti� lcang,- -upo t h!Gh- shall -be- inserted - "Itir,erant_.Pro iue_Dea1P s 1A- e- eer- Se4A -+- Seer44,-- badiana,- No, - - -- givaag- in- the -blank- space t-he- - rrumbe_r -�f- -sUGh• - biGewsa -and -the- }year- during- wh34c4i- t4ie - -same- -sal l be- ,- _f_o r-ee_. (3) -(A.) The metal signs shall be securely fastened in plain view, one (1) on either side of the vehicle used by the licensee whenever he is engaged in operating under the license. The numbers of the plates shall be noted on the license when issued. (h) Exemptions. F1 +- -No - bi-Gease- Issued - under- this- seet4on --F� --be -- required o£ - any- -ar -mer-,- -or- e the r- persex- Belli 9 - or- Veld- 14iig- products- - o-f - Iris - own- - r-ai-s-rn(}- er- prodaeing previded;- that- staeh- -fe-et - 3.- a-showrr -by- ai- ft- davrit- -d - signee}- by -aueh- person- and- €11ed- wi.tlrt1iN—_ -C ro3 -ler F2-)-- -I-f- -such - person -f a 1 s -or- refuses- to- make- sucir ai�ic}avit,- then rz- f-- ha- seerls -or - peddles; -he- shall- be- in- vio-lation- vf-tlris--se -on. Any person who has filed for a charitable solicitat Registration and Permit pursuant to this Chapter shall be exe the provisions of this section. -25- from Sec. 4 -44 RESERVED Sec. 4 -45 Restaurants (a) Definitions. (1) Food means any raw, cooked, or processed edible substances, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption. (2) Health Officer means the County official having the power and jurisdiction to enforce public health laws and regulations within the City. (3) Restaurant means any coffee shop, cafeteria, short - order cafe, luncheonette, grill, sandwich stand, soda fountain, drive -in restaurant, drive -in theater restaurant, in -plant food service,tavern commissary, snack bar, tea room, fast -food restaurant, or restaurant without live entertainment or music, food catering or food service establishment, whether fixed or movable, where food for human consumption is prepared or served in such manner that it is ready for consumption on the premises. The term "restaurant" shall not include a food service establishment that is known as a retail food market where food is not prepared and served for consumption on the premises; nor shall the term "restaurant" include any coin - operated vending machine dispensing any kind or type of food, confectionery or beverage. (4) Itinerant Restaurant means any food- service establishment which operates for a temporary period of time, not to exceed two (2) weeds, in connection with a fair, carnival, circus, public exhibition, or similar transitory gathering. (b) Health Permit and License Required; Posting (1) No person shall operate a restaurant or itinerant restaurant in the City who does not possess a valid permit from the Health Officer,and a valid restaurant or itinerant restaurant license. (2) The permit and license shall be posted in a conspicuous place in such restaurant or itinerant restaurant. (c) Ap licabilit to Restaurants educationa or charita le in ted by religious, (1) The provisions of this section shall apply to, and a permit required by sub - section (b) shall be obtained for, restaurants and itinerant restaurants operated by fraternal organizations, service clubs, and religious, educational or chairtable institutions. (2) No license shall be required and no license fee shall be paid for restaurants or initerant restaurants operated by fraternal organizations, service clubs, or religious, educational or charitable institutions. (d) License Issuance (1) A license required by this section shall be issued by the office of the City Controller to any person on application after inspection and approval by the County Health Officer, as evidenced by a valid Health Permit; inspections by the Fire Department and Building Department as may be required by the City Controller, and compliance with all the applicable provisions of this Code, and upon payment of the designated license fee. All applicants desiring to sell food by weight or measure, shall file a valid certificate signed by the Sealer of Weights and Measures that all scales and measures to be used in said business have been tested and approved, at the time of making application. -26- (e) License Fee (1) Restaurants. The City Controller shall issue a restaurant license to all persons complying with this Code upon payment of Forty ($40.00) dollars per year, for restaurants having a seat - issue an Itinerant Restaurant license to all person complying with this Code, upon payment of Five Dollars ($5.00 ) for each. day of operation, or Twenty -Five Dollars ($25.00 ) if application is for the maximum two (2) week period of operation. (f) Minimum sanitation requirements. All operators of restaurants and itinerant restaurants shall comply with the minimum sanitation requirements specified by the State Board of Health, as provided in its Regulation HFD 17 or all changes or amendments. The regulation and all changes and amendments are by reference incorporated herein and made part hereof. Two (2) copies of the regulation, changes and amendments are on file in the office of the City Clerk for public inspection. Sec. 4 -46 Restaurants with Live Entertainment /Music Class A Cabarets and Class B Cabarets (a) Definition. Restaurants with live entertainment or music sliail -.£re e&j+ed --C-1 -asks- -A- - -cebaret- - reestarnants -and -mean - any- estab,1isht nt, .not-- incl'ud -ilr - -a- -B,- cebe- re-t'; -where -persons -congregate- for- the Purpose- of- e-at34ng-,- -dar+Girsg -or- singing, -axed- where- musaea -l-or- and all Class A and Class B Cabarets sha subject to the licensing provisions of this section. restaiirAn (b) License required. cabaret restaurant.,. o does not possess and conspicuously post /valid Ciass-A-azEt restaurant license /within the premises. with live entertainment /music. (c) Application. Each applicant for license shall procure from the Office of the Controller an application for such license. Said application shall include: (1) Name, address, and telephone number of the person filing the application. (2) Name, address, and telephone number of Class A or class B cabaret. (3) Type of zoning of the cabaret location. (4) Number of employees. (5) Maximum number of patrons that can be served at one time. (6) Type of live entertainment or music provided. The applicant shall also present a valid health permit issued by the County Health officer at the time of making application. The City Controller shall review said application, and order any inspections he may require by the Building Department and /or Fire Department before issuing said license. Restaurant live ( Fee. The City Controller with _Ca area icense o a 1 persons complying with Of Twenty -Five Dollars ($25.00 ) per year. Sec. 4 -47 RESERVED -27- shall issue a- Class-A-- this Code upon payment be Sec. 4 -48 Rubbish and Garbage Removal (a) License Required. No one shall haul or collect for compensation any gar age, ru ish, or trash of any kind, type or nature without having first obtained from the City Controller the proper license. (b) Nonrestricted license. (1) A nonrestricted license shall be issued by the City Controller.upon the approval of the Department of Public Works and after payment of the license fee, to any person, organization or corporation which shall collect, transport and dispose of any garbage, trash, or rubbish within the City, subject to the provisions as set forth in this Code. (2) A nonrestricted license shall be granted only for packer trucks as herein defined: (a) The box or container must be completely enclosed except when loading or unloading. (b) The top must be permanently attached. (c) The box or container must be leakproof and have a hopper to catch drippings at time of loading. (d) The truck must be all mechanically operated. (3) The license shall state the type of vehicle, the quantity of material held in the vehicle, and the owner's name and address. (4) Any person organization or corporation may petition the Board of Public Works for final determination as to the adequacy of a vehicle for a non - restricted license. (5) A nonrestricted license provides that the vehicle may collect, transport and dispose of any garbarge, trash or litter subject to the provisions of this Code. (c) Restricted License. (1) A restricted license shall be issued by the City Controller upon the approval of the Department of Public Works and after payment of the license fee, to any person, organization or corporation which shall collect, transport and dispose of any trash within the City, subject to the provisions as set forth in this chapter. (2) A restricted license shall be granted for any vehicle with specifieed uses as stated on the license. (3) The license shall state the type of vehicle, the quantity to be transported in the vehicle, the type of trash to be transported, the type of covering to be used, the time limit for the use of the vehicle to transport the stated trash, and the name and address of the owner. (4) Any person, organization or corporation may petition the Board of Public Works for final determination as to the adequacy of the vehicle for a restricted license. (5) The Department of Public Works shall not authorize the City Controller to grant a license for a particular vehicle until it have been ascertained that-:the vehcile which is to be used for carrying those materials and objects reffered to in the restricted license is constructed so as to prevent the sifting, dropping and falling of the materials as they are being transported. -28- (6) The materials, objects or things named in the license shall not, while being transported, be above the level of the side- boards and the tailgate of the vehicle unless such materials, objects or things are within closed containers. The vehicle transporting such objects shall at all times, except when being loaded or unloaded, be kept completely and securely covered so that no part of the contents at any time shall be able to scatter or be exposed to view. (d) Disposal of industrial wastes by licensed haulers. Industrial waste, which may be accumulated in manufacturing, fabricating or construction by an industrial concern, may be dumped in landfill areas by any licensed hauler or by any person acquiring a license for such purposes from the City Controller as provided in this Code. Such industrial waste shall be dumped only in those landfill areas designated as landfill areas by the Department of Public Works and upon such terms and regulations as set forth by the Department of Public works. (e) License Fees (1) Nonrestricted License. Upon compliance of an ($25.00) applicant with this Code, and after payment of Twenty -Five Dollar p�r- year, a nonrestricted license shall be issued by the Controllur. (2) Restricted License. Upon compliance of a licant a with this Code, nd after payment of Twenty- FiveDollars/ a restricted license shall be issued by the Controller. (3) For each vehicle granted a license, the Controller shall furnish a number plate, which the owner or lessee of such vehicle shall display on such vehicle in a prominent place so as to be visible at all times. (f) License denial, suspension or revocation. The Board of Public Works shall have the authority to suspend or revoke such license, or may refuse to issue any such license under this section for any of the causes stated and in accordance with the procedures established in Section 4 -16. (g) Specific violations; penalties and remedies. (1) It shall be a specific violation of this section to park in a residential area any vehicle that is subject to the licensing provisions of this section which is partially or totally filled with garbage or trash. (2) If any vehicle which is subject to the provisions of this section is found operation upon any public street, highway or alley of the City without displaying its restricted or nonrestricted license in a prominent place so as to be visible at all times, it shall be prima facie evidence that the vehicle is being operated in violation of the licensing provisions. If the owner of the vehicle fails to produce a restricted or nonrestricted license duly issued by the City at the request of any member of the Police Department or a Neighborhood Code Enforcement Officer discovering the vehicle, the vehicle shall be impounded. Before the owner may recover possession of his impounded vehicle, he shall provide proof of ownership that he is the titleholder of the vehicle and proof of a restricted or nonrestricted license. The owner shall also pay all costs incurred in the impound- ment and storage of the vehicle. -29- (3) If any vehicle which is subject to the licensing provisions of this section is found operating without a covering which is kept completely and securely fastened, except when loading and unloading, it shall be prima facie evidence that the vehicle is being operated in violation of the cover provisions of this section. (4) Any vehicle found this article shall be subject to of this Code. Sec. 4 -49 RESERVED Sec. 4 -50 RESERVED in violation of any provisions of sub - section (f) and section 16 -57 Sec. 4 -51 Scrap Metal Dealers, Junk Dealers (a) Definitions. As used in this section: (1) Junk Dealers mean any person who keeps or maintains a yard, covered or uncovered, space or place, within the City for the purpose of, and engaging in the business of, buying or selling, exchanging or storing of old or used materials, bottles, glassware, paper, bagging, rags or rope, or any other type of material commonly referred to as "junk ". (2) Recycling Operators mean any person who keeps or maintains a yard, covered or uncovered, space or place, within the City for the purpose of, and engaging in the business of, buying or selling, exchanging or storing of old or used materials, junk, scrap metals,or scrap materials. (3) Scrap metal dealer means any person who keeps and maintains a yard, covered or uncovered, space or place, within the City for the purpose of, and engaging in the business of, buying or selling, exchanging or storing of old or used metals, tinware, brass, copper, iron, lumber, old automobiles, or any other such type of material commonly called and referred to as "scrap metals ". (4) Scrap or junk materials means any used metal, both ferrous and non ferrous, lug er, old automobiles, bottles, old glassware, old tinware, paper, rags, iron, lumber or any other such materials commonly called and referred to as "scrap or junk materials ". (5) Scrap or junk yard means any yard, area, space or place, either covered or uncovered, enclosed or unenclosed, maintained and actually used for the purpose fo the accumulation or the buying or selling, storing or exchanging of any such scrap metals, junk or scrap materials. (6) Transfer station means a place or location where scrap metals, junk,/ gr ,,shcraz mn2ra als are deposited and then transferred in larger quan i iesQ y a uliferent carrier. (b) Rule- making authority of Board of Public Works The board of Public works shall have the authority to adopt rules and regulations to carry out the intent of this section. (c) Resolutions required. No person shall engage in the scrap or junk material business or hold himself forth as a dealer. in scrap materials or scrap metals, keep or maintain a scrap or junk --yard, recycling operation or transfer station within the City without first procuring 3© from the Board of Public Works and the Common Council, resolutions approving the issuance of a license for the conduct of such business and the maintenance and operation of such metal yyard, junk yard, recycling operation, or transfer station. (d) Application; zoning restrictions. (1) An application for a license under this section shall be accompanied by a drawing or diagram showing the property lines of the proposed scrap or junk yard, recycling operation or transfer station. (2) From and after July 1, 1980, no license shall be issued to any proposed scrap or junk yard, recycling operation or transfer station for a location within one thousand (1,000) feet of any of the following zoning use districts as defined by the zoning chapter of this Code: (1) "A" Residence District; (2) "A -1" Residence District; (3) "A -2" Planned Residential Development District; (4) "A -3" High Priority Residential Office and Professional District; (5) "B" Residence District; (6) "B -1" Residence District; (7) "C -1" Commerical, Limited Use District; (8) "C -2" Planned Shopping Center District. (3) The foregoing subsection (2) shall not apply to any scrap or junk yard previously licensed and in continuous operation prior to and on July 1, 1980. (e) Approvals required. (1) Upon receipt of an application for the issuance of a license for the maintenance and operation of a scrap or junk ,:yard, recycling operation, or transfer station, at a location not previously licensed, the Clerk of the Board of Public Works shall submit the application to the Fire Prevention Bureau and the Neighborhood Code Enforcement Office. The Bureau and Neighborhood Code Enforcement office shall cause the premises where such proposed scrap or junk yard,:.recycling operation or transfer station is to be located to be visited and inspected for the purpose of determining whether such premises are fit and proper for the maintenance and operation of such a business. (2) No license application shall be submitted to the Board for its approval without the written approval endorsed upon the application by the Fire Prevention Bureau and Neighborhood Code Enforcement Office. (f) License Procedure. (1) Upon the favorable review of an applicant by the Fire Prevention Bureau and the Neighborhood Code Enforcement Office, the Clerk of the Board of Public Works shall submit to the Board for its approval a resolution recommending the issuance or renewal of the license. Such resolution shall be submitted to the Common Council for its consideration and passage of an appropriate resolution. (2) Upon final approval of the application by the Board of Public Works and Common Council, the Controller shall issue or renew the license for maintenance and operation of a scrap or junk yard,.. recycling operation, or transfer station. If such application is disapproved by the Fire Prevention Bureau, the Neighborhood Code Enforcement Office, the Board of Public Works, or the Common Council, the license shall not be issued. -31- (3) Any applicant may appeal a denial of a license pursuant to the procedures set forth in Section 4 -16 of this Chapter. (g) License Fee. The fee for an annual license to operate a scrap or junk yard, recycling operation or transfer station shall be Two Hundred Dollars ($200.0 payable to the Controller at the time of the issuance of such license. (h) Business hours. No person licensed under this section shall receive or purchase any property whatever from any person between the hours of 8:00 p.m. and 7:00 a.m. or on Sundays or legal holidays. (i) Purchases from and sales by minors. (1) No person licensed under this article shall receive or purchase any property whatever from a minor at any time, except rags and wastepaper. (2) No minor shall sell or offer for sale to any person having a license as a junk dealer any of the articles mentioned in this article as coming under the term "junk ", except the sale of rags and paper as provided in subsection (1). (j) Records of purchases required. Every dealer or operator licensed under this section shall keep at his place of business a record of all purchases in accordance with accepted accounting practices. (k) Submission of records for inspection. Every dealer or operator shall, during the ordinary hours of business, submit and exhibit the records kept as provided in sub- section (j) to any police officer of this City. (1) Operation and maintenance rules and regulations. (1) All scrap and junk yards, recycling operations, and transfer stations, shall be maintained and operated in compliance with all applicable fire, health and public safety laws of the State and the provisions of this Code and other ordinances of the City. (2) The operators of such yards shall conform with the following rules and regulations: (a) Minumum lot area for new yards. All new scrap and junk --yards, recycling operations and transfer stations shall have a minimum lot area of one (1) acre and shall be zoned "E" Heavy Industrial pursuant to the zoning provisions of this Code. (b) Fencing. There shall be two (2)-types of fencing required to enclose all scrap and junk. yards, recycling operations, or transfer stations: a. Type A fencing shall consist of fireproof material and shall be a minimum of six (6) feet in height, and constructed so that it can retain all scrap and junk materials within such yards. This fencing shall be of uniform material and color and shall be kept in good repair at all times. Type A fencing shall be used except when Type B fencing is specifically required. -32- b. Type B fencing shall consist of opaque or solid fireproof material, and shall be a minimum of six (6) feet in height. It shall be erected along or near the outside edges of all scrap and junk yards, recycling operations or transfer stations, which abut public streets, public highways or public alleys. Such fencing shall be of uniform material and color, and shall be kept in good repair at all times. Provided, that any Type B fencing which shall be erected, as required by this section, shall be a minimum of eight (8) feet in height. (c) Buffer strip. All new businesses or existing businesses which expand after July 1, 1980, shall have a buffer planting strip of at least fifteen (15) feet in depth and shall be provided and maintained between the property lines and Type B fencing which abuts public streets, highways and alleys. Such buffer planing strip shall include a compact hedge, row of shrubbery or row of evergreen tress and the property lines shall be planted in grass, other suitable ground cover and /or shrubbery, maintained in good condition, and kept free of litter. Said area may also include pedestrian walkways, driveways, flagpoles and off - street parking subject to the off - street parking regulations of this Code. Any existing scrap or junk yards may provide and maintain a buffer strip as described in this section. (d) Storage location restrictions. No scrap or junk materials shall be placed or stored outside of the fencing required by this section. Such junk or scrap stored in such yard, if combustible or inflammable, shall not be stored closer than three (3) feet to such fence enclosing such yard. (e) Maintenance of premises. The operators of,such businesses shall: 1. Remove therefrom all combustible materials and all inflammable rubbish, leaves, grass, dead trees, brush and other materials not being stored thereon as a part of the business conducted thereon. 2. Keep storerooms and garages free from rubbish, waste materials and old rags and paper not being stored thereon as a part of the business conducted thereon. 3. Keep all oil, gasoline, oily waste and other greasy material in metal waste cans. 4. Install and keep available fire extinguishers in close proximity to areas within such scrap or junk yards, recycling operations and transfer stations wherein trash, metal or other waste materials may be burned, and keep and matain therein an unobstructed fire truck lane of at least ten (10) feet in width into such yard from the main entrance thereof. 5. Cause such scrap or junk yard, recycling operations and transfer stations to be checked and serviced at reasonable intervals in the effective extermination of rodents in accordance with Health Department standards. 6. Papers, rags and other loose scrap and junk materia. shall be handled, stored and maintained in such a way as to precept the same from being loose in such junk or scrap yard, recycling operations and transfer stations. -33- / Semi - annual (m) - aieTrua inspection by Fire Prevetion Bureau. The Fire Prevention Bureau shall inspect each junk or scrap yard, recycling operations and transfer stations once every six (6) months for the purpose of determining whether or not the owner or operator is in compliance with this Code. Sec. 4 -52 RESERVED Sec. 4 -53 Secondhand Stores. (a) Definition. Any person who keeps or maintains a business for the purchase or sale of secondhand clothing, secondhand furniture or secondhand goods, wares,or merchandise of any kind, shall be considered as operating a secondhand store. (b) License required. No person shall engage in the business of a secondhand store without first obtaining a license as required by this section. (c) Application. Any person desiring to operate a secondhand store shall file an application stating the following with the City Controller: (1) Name, address, and telephone number of the applicant. (2) Name, address, and telephone number of the secondhand store. (3) Types of materials to be sold. Said application shall be referred to the Police Department for review and recommentation and to the Board of Public Works. (d) License Fee. The applicant for a secondhand store license shall pay an annual fee of Fifty Dollars ($50.00) to the Controller, upon approval of the Board and Pol i- e 1Tepartment and issuance of the license. (e) Records required;contents. Each secondhand store dealer shall keept at his place of business a bound book, in which he sha-11 enter or cause to be entered, in writing: (1) a description of all secondhand goods bought or received by him; (2) the date on which it was received; (3) any prominent or descriptive marks that may be on such property; and (4) the name and residence of the person from whom it was purchased. (f) Inspection of books and property. Every secondhand store dealer shall, during the hours of ordinary business, give access to his place of business to any member of the police force and exhibit any property therein contained or purchased by him. He shall exhibit the book provided for in sub - section (e) for inspection by any police officer of the City. -34- (g) Purchases from minors prohibited$rbd�hevrs - No secondhand store dealer shall receive or purchase any property whatever from a minor under the age of twenty -one (21) years. (h) Exemptions. Any not - for - profit or charitable organization doing business as a not - for - profit corporation under the laws of Indiana shall be exempt from the licensing provisions of this Chapter. SEC. 4 -54 RESERVED SEC. 4 -55 Solicitations, Charitable (a) Legislative findin s of the Council 1. The Council does hereby find, determine and declare that: (a) Numerous persons and organizations have been and are soliciting funds in the City on the representation that such funds are to be used for charitable purposes, when in truth and in fact such funds are being used in large part for the private profit of unscrupulous individuals promoting such solicitation; (b)A variety of frauds and misleading devices are employed in such solicitations; (c) Persons engaged in the business of promoting solicitations fail to properly account for funds solicited; (d) Telephone solicitations by professional solicitors and professional promoters are a cause of annoyance to the individuals solicited and, in many cases, tactics used by such solicitors are coercive, abusive or misleading; (e) As a result of such pernicious activities honest, deserving and needed charities suffer; (f) Residents of the City have been and are in constant peril of being defrauded and imposed upon due to a lack of adequate regulation of charitable solicitations. 2. The Council believes that if the public were given full information concerning the solicitations, it could protect itself against victimization by disreputable fund raisers, and therefore it is necessary in the interest of the public welfare of the City for the Council to regulate solicitations for charitable purposes. (b) Definitions 1. As used in this Section: (a) Charitable means and includes the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic, or fraternal, either actual or purported. (b) Commission means the Charitable Solicitations Commission of the City. (c) Contribution means andincludes the words alms, food, clothing, money, property, subscription or pledge, and also donations under the guise of loans of money or property. (d) Cost of Promotion means, in connection with a charitable solicitations, the reasonable cost of acquiring goods or merchandise or an entertainment event when such is used in connection with the solicitation but does not include the cost of selling the goods or admissions nor the cost of bona fide educational materials. No cost included in_the definition of Cost of Solicitation shall be considered a Cost of Promotion. -35- (e) Cost of Solicitation means all costs of whatever nature incurred in raising the funds solicited except bona fide educational material in such instances where the 'Solicitation plan involves the promotion or sale of merchandise or an entertainment event; the cost of such merchandise or entertainment shall not be considered as a part of the cost of solicitation. Compensation in whatever form paid to a "Professional Promoter or Professional Solicitor" is part of the Cost of Solicitation. (f) Professional Promoter means a person who for compensation plans, promotes, conducts, manages or carried on or attempts to plan, promote, conduct, manage or carry on any drive or campaign for the purpose of solicitation of contributions for or on behalf of any charitable person or engages in the business of soliciting contributions for charitable purposes. A bona fide officer or regular employee of a charitable person shall not be deemed a professional promoter by reason of his participation in charitable soliciations made by or on behalf of his employer. (g) Professional Solicitor means any person other than a professional promoter who is employed or retained for compensation to make solicitations in connection with a charitable solicitation. A bona fide officer or regular employee of a charitable person shall be deemed a professional solicitor by reason of his participation in charitable solicitations made by or on behalf of his employer. (h) Religious and Religion or Church means any activity directly involving the promulgation or observance of any system of worship or to the building or maintenance of places of worship. The words Religious and Religion or Church as used herein do not include Charitable activities as defined herein, even though carried on or sponsored by a religious organization. (i) Solicit and solicitation means the request, directly or indirectly, of money, credit, property, financial assistance, or other thing of value on the plea or representation that such money, credit, property, financial assistance, or other thing of value shall be used for a charitable purpose as those purposes are defined in this Section. These words shall also mean and include, but not be limited to, the following methods of securing such money, credit, property, financial assistance, or other thing of value: (1) Any oral or written request; (2) The making of any announcement to the local press or by telephone concerning a local appeal or campaign to which the public is requestion to make a contribution for any charitable purpose connected therewith; (3) The distribution, circulation, posting, or publishing of any handbill, written advertisement, or other local publications. (4) The sale of, or the offer or attempt to sell any advertisement, advertising space, book, card, chance, coupon, device, membership, merchandise, subscription, ticket or other thing. (j) Solicitation shall be deemed to have taken place when the request is made, whether or not the person making the same receives any contribution referred to inthis Section. (c) Exceptions to Section (1) Political Parties as defined by Indiana law, their subdivisions, and their bona fide candidates for public office are specifically exempted from and shall not be subject to the provisions of this Section as the intent of the Section is to regulate the solicitation of charitable contributions. (2) Charitable Solicitations which raise less than Five Hundred Dollars ($500.00) in total contributions shall not be subject to the provisions of this Section. -36- (d) Charitable Solicitation Commission; membership appointment; term of office; remuneration. (1) There is created, for the administration of this Section, a Charitable Solicitation Commission. Members of this Commission shall be appointed by the Mayor to serve for a period of four (4) years. (2) Any vacancy occurring shall be filled in the same manner as provided for in the original appointment except that the first Commission shall be appointed as follows: Three (3) of the members shall be appointed for a term of one (1) year; two (2) shall be appointed for a terms of two (2) years; and two (2) shall be be appointed for a term of three (3) years. Thereafter, all terms, all terms shall be for a period of four (4) years as hereinabove provided. (3) The members of this Commission shall serve without remuneration and any member may be removed by the Mayor. (e) Charitable Solicitation Commission membershi on. (1) The Commission shall be composed of seven (7) members and shall consist of one (1) member who is an officer of the Police Department designated by the Chief of Police and six (6) additional members to be appointed by the Mayor, one (1) on recommendation of the St. Joseph County A.F.L.- C.I.O. Council, one (1) on recommendation of the Better Business Bureau, one (1) on recommendation of the Council of Churches of St. Joseph County, one (1) on recommendation of the St. Joseph County Veteran Commander's Council and two (2) from the citizenry at large. (2) The Mayor is not required to appoint all or any of the candidates so recommended. (3) No one shall be appointed as a member of the Commission who is the organizer or local head of any charitable, educational or philanthropic agency. (f) Commission procedure; powers: report (1) The Commission shall organize by electing its own officers, determine its time and place of meetings and adopt such other regulations as in its own judgment are necessary for the successful administration of the terms and conditions of this Section. Five (5) of the members shall constitute a quorum. All actions of the Commission may be by simple majority of the members except as otherwise provided. (2) The Commission shall have power to issue and revoke permits as hereinafter provided and further, have the power to summon witnesses, take testimony, make investigations, conduct hearings and do and perform all other acts which may be necessary and proper within the scope of its duties and functions. (3) The Commission shall give to the public full information, from time to time, about its activities and publish an annual report analyzing the effectiveness of its regulations and the activities of persons registered under this Section. (g) Soliciation registration;permit; exection. (1) No personal shall solicit contributions within the City, for any person or charitable purpose unless the person for whose benefit the solicitation is conducted is registered with the Commission and a permit for such solicitation has been issued by the Commission. (2) The provisions of this Section shall not apply: (a), To any solicitations made by and on behalf of a person or charitable purpose if conducted by members or officers -37- thereof voluntarily and without renumeration for such solicitation among the established and bona fide membership thereof or the normal constituency or supporters thereof; or, (b) If the solicitation is in the form of collections or contributions of regular assembly or services of such person or charitable purpose. (h) Registration and permit applications. (1) An application for registration and a permit to solicit shall be made to the Commission upon forms prescribed by it. Such applicationshall be.:sworn to or affirmed and filed with the Commission not less than sixty (60) days prior to the time at which the permit applied for shall become effective, provided, however, that the Commission may, for good cause shown, allow the filing of an application less than sixty (60') days prior to the effective date of the registration and permit applied for. (2) The application shall contain the following information: (a) The name, address or principal office of the person applying for the permit; (b) If theaapplicant is not an individual, the names and addresses of the applicant's principal officers and executives and a copy of the resolution, if any, authorizing such solicitation, certified to as a true and correct copy of the original by the officer having charge of the applicant's records; (c) The purpose for which solicitation is to be made, the total amount of funds proposed to be raised thereby, and the use or disposition to be made of any receipts therefrom; (d) A specific statement, supported by facts and figures, if any, showing the need for the contributions to be solicited; (e) The names and addresses of the persons by whom the receipts of such solicitations shall be disbursed; (f) The names and addresses fo the persons who shall be in direct charge of conducting the solicitation, and the names of all fund raisers connected or to be connected with the proposed solicitation if said fund raisers shall receive any paid compensation for their services; (g) An outline of the method or methods to be used in conducting the solicitation; (h) The time when such solicitation will be made, giving the preferred dates and the hour of day for the commencement and termination of such solicitation; (i) The estimated cost of the solicitation; (j) The amount of any wages, fees, commissions, expenses, or emoluments to be expended or paid to any person in connection with such solicitations, and the names and addresses of all such persons. The Commission may elect not to require such ;information as to regular staff or charitable organizations maintaining a permanent office in the City. (k) A financial statement for the past preceding fiscal year of any funds collected for charitable purposes by the applicant,the statement giving the amount of money so raised, together with the cost of raising it, and final distribution thereof; OWE (1) A full statement to the effect that if registration and a permit is granted, it will not be used or represented in any way as an endorsement by the City or by any department or officer thereof; (m) A full:statement of the character and extent of the charitable work being done or to be done by the applicant, the statement giving the amount of money raised, together with the cost of raising it, and final distribution thereof; (n) Such other information as may be reasonably required by the Commission in order for it to determine the kind, character, and method of the proposed solicitation, and whether such solicitation is in the interest of, and not inimical to, the safety, convenience, or welfare of the residents of the City. (3) If, while any application is pending, or during the term of any permit granted thereon, there is any substantial change in fact, policy, or method that would materially alter the information gicen in the application, the applicant shall notify the Commission in writing thereof within seventy -two (72) hours after such change. Should the applicant fail to so notify the Commission, any permit issued to the applicant prior thereto shall stand suspended until a hearing is had pursuant to Sub- Section V. (i) Permit and resigtration fees. (1) Each person registered for each applicant, at the time of application for registration and permit shall pay to the Controller of the City a fee fixed by the Commission which shall not be less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00). (2) The Commission shall establish a schedule of fees based upon the amount raised by solicitations on behalf of the person during its preceding fiscal year and the City's total expense of regulating chairable solicitations during the preceding calendar year. (j) Investigation of applications; access to records. (1) The Commission shal examine all applications filed under Sub- section..R and make, or cause to be made, such further investigation of theapplication and the applicant as the Commission deems necessary in�:order for it to perform its duties under this Section. (2) Upon request by the Commission, the applicant shall make available for inspection by the Commission, or any person designated in writing by the Commission as its representative for such purpose, all of the applicant's books, records, and papers at any reason- able time a permit is in effect, or after a permit has expired. (k) Standards for granting permit; notice of denial of permit (1) The Commission shall grant the registration and permit as provided in Sub - section R whenever it finds or reasonably believes: (a) All of the statement made in the application are true; (b) The applicant, or if the applicant is not an individual person, that its managing officers and managing agents be of good character and repurtation for honesty and integrity; (c) The local control and supervision of the solicitation will.be under local, responsible and reliable persons; (d) The applicant is not engaged in any fraudulent transaction or enterprise; (e) The solicitation will not be a fraud on the public; (f) The solicitation is prompted solely by a desire to finance the charitable cause described in the application, and will not be conducted primarily for private profit; -39- (g) The cost of solicitation and /or promotion shall be reasonable and shall not exceed a reasonable portion of the receipts to be realized from the solicitation. whenever any Professional Promoters or Professional Solicitors are employed in connection with the solicitation a copy of the contract between the applicant and such Professional Promoters or Professional Solicitors shall be submitted to the Commission with the application for registration and permit in order that the Commission may determine whether the contract is in compliance with the provisions of this Section; (h) That the kind, character, and method of the proposed solicitation are such that the solicitation will be in the interests of and not inimical to the safety, convenience, or welfare of the residents of the City. 11. (i) The Commission shall file with its secretary for public inspection a written statement of its findings of fact and its decision upon each application. If the application is denied, the Commission shall notify the applicant by certified mail, return receipt requested, at the address given in the application, stating the reasons therefor. (1) Limitation of cost of solicitation. The cost of solicitation for a char tablge solicitation shall not exceed a reasonable portion of the gross amount realized from such solicitation after deduction of the cost of promotion. Cost of solicitation in excess of twenty -five percent (25 %) of the gross amount realized from the solicitation after the deduction of costs of promotion shall establish a prima facie case that the cost of solicitation is unreasonable. (m) Limitation on cost of promotion. The cost of promotion for a charitable solicitation shall not exceed a reasonable portion of the gross amount realized from all events held and publications, debts and services sold, given away, or used a prizes in connection with the solicitation. Cost of promotion in excess of seventy -five (75 %) percent of the gross amount realized from such events, publications, goods and services shall establish a prima facie case that the cost of promotion is unreasonable. (n) Misrepresentation in solicitations. (1) No person shall directly or indirectly solicit contributions for any purpose by misrepresentation of his name, occupation, financial condition, social position, residence, or primcipal place of business. No personal shall make of cause to be made any misstatement, deception, or fraud in connection with any solicitation of any contribution for any purpose in the City, or in any application or report filed under this Section. (2) No charitable organization or professional fund raiser soliciting contributions shall use a name, symbol, or statement so closely related or similar to that used by another charitable organization or governmental agency that the-use would tend to confuse or mislead the public. (3) No charitable organization or professional fund raiser shall solicit funds by the use of statements or material that would indicate that such funds were being raised for an organization or agency from which such organization or agency explicit permission for the raising of such funds has not been received in accordance with other provisions of this Section. (o) Books and records required. No person shall solicit any contributions for any charitable purpose without maintaining a system of accounting whereby all donations to it and all disbursements by it are entered upon the official books or records of the person's treasurer or other financial officer. (p) Report to Commission required. _9p_ All persons registered and issued permits under this Article shall furnish to the Commission within sixty (60) days after the solicitation has been completed, a report and financial statement show- ing the amount raised by the solicitation, the amount expended in collecting such funds, including a report of the wages, fees, commissions and expenses, paid to any person in connection with solicitation, and the disposition of the balance of the funds collected by the solicitation. In the case of charitable organizations maintaining a permanent office in the City, the wages of regular full -time staff employees may be entered as a total figure. The entire report filed by the person shall be available for public inspection. The permit holder shall make available to the Commission, or to any person designated in writing by the Commission as its representative for such purpose, all books, records, and papers whereby the accuracy of such report may be verified. (q) Registration and permit identification (1) Registrations and permits issued under this Section shall bear the name and address of the person to whom the permit is issued, the serial number of the permit, the date issued, the dates within which the permit holder may solicit, and a statement that the permit does not constitute an endorsement by the City or by any of its departments, officers, or employees of the purpose or of the persons conducting this solicitation. All permits must be signed by the Chairman of theCommission and by the Mayor. (2) Each solicitor of the charitable organization will be provided with an information card or similar identification signed by the person having control and supervision of the solicitation. The card or identification shall carry on its face the name and address of the person to whom the permit was issued, the number of the permit, the dates during which the permit holder may solicit and shall identify by name the individual holder of the card or identification. Any individual soliciting without the card or identification shall be deemedeto be in violation of this Section. the card or identification shall be provided for the individual solicitor by and at the expense of the permit holder. (3) Any permit issued by the Commission under this Section shall not be transferable or assignable. (r) Notice of intent; filing; time limit; content; waiver. (1) Any person, except churches and their directly connected agencies, desiring to conduct a charitable solicitation or on whose behalf a charitable solicitation is to be conducted shall file, at least sixty (60) days prior to the commencement thereof, with the Commission, a Notice of Intent containing the following information: (a) The propsed use of the net proceeds of the solicitation under the general headings required for reports under Subsection (a)(5) of this Section. (b) The manner in which the solicitationshall be conducted, and an estimate of the cost of solicitation and the cost of promotion, if any and of the net proceeds expected for the charitable pupose. (c) If a Professional Promoter or any Professional Solicitor is to be employed a copy of the contract of each. (d) A certified copy of the resolution of other action authorizing the solicitation. (e) A report of all the receipts of the person during his preceding fiscal year or all of its receipts from solicitations during the most recent year in which a charitable solicitation was conducted by or on behalf of such charitable person. Such report shall shall show the:-gross amount raised by solicitation, during the period covered, what portion thereof, if any, is attributable to promotional activities, the cost of promotion, the cost of solicitation and the amounts, if any, paid to each Professional Promoter and Professional Solicitor. The report shall also show what portion of the proceeds,if any, was allocated for local use dna dhwat portion, if any, way allocated to a national organization. (2) The proportions allocated respectively to local use or to a national organization shall each be broken down in thereport under the following categories insofar as they are applicable or among such other categories as may be approved by the Commission: (a) Agency administration. (b) Information and public education activities. (c) Social service. (d) Hospital case. (e) Educational institutions. (f) Research. (g) Other civic or philanthropic purposes. (h) Capital improvements. The Commission may, in its discretion, waive the filing of such statements as are duplicated substantially by reports already on file pursuant to this Sub - section or to any other Sub - section of this Section. (s) Written receipt required; exception. (1) Any person receiving money or anything having a value of One Dollar ($1.00) or more from any contributor under a solicitation made pursuant to a permit granted under this Section shall give to the contributor, upon request, a written receipt signed by the solicitor showing plainly the name and permit number of the person under whose permit the solicitation is conducted, the date, and the amount received. (2) This Sub- section shall not apply to any contributions collected by means of a closed box or receptacle used in solicitation with the written approval of the Commission, where it is impractical to determine the amount of such contributions. (t) Denial of application; hearing; report. (1) If the Commission denies an application for registration and permit it shall notify the applicant of its decision and the grounds therefor by certified mail, return receipt requested. Within five (5) days after the receipt of such notification, the applicant may file a written request for public hearing on the application, together with exceptions to the grounds upon which the Commission based its denial of the application. (2) Upon the filing of such request the Commission shall fix a time and place for the hearing, within fifteen (15) days after the request is filed, and notify the applicant thereof. At the hearing, the applicant may present evidence in support of his application and exceptions. Any interested person may be allowed to participate in the hearing to present evidence in opposition to the application and exceptions. Within ten (10) days after the conclusion of the hearing, the Commission shall render a written report either granting or denying the application and state grounds upon which the decision is based. (3) A copy of the report shall be served by certified mail, return receipt requested, upon the applicant. The report shall constitute a public record. -42- (u) Review of action; procedure; appeal to courts. (1) Any action taken by the Commission shall be final, except that any person or applicant may appeal to the Mayor for a review. The Mayor at his discretion may review, amend, modify, affirm or reverse a Commission action. The appeal shall be taken within twenty (20) days after the decision of the Commission complained about is mailed to the applicant or charitable person. Any appeal shall be initiated by filing a written notice of appeal with the Mayor and a copy with the Commission, setting forth the decision appealed from and the reason why appellant feels the decision is erroneous. The Mayor may adopt rules establishing procedures for hearing appeals taken. (2) Any person claiming to be prejudiced by action of the Commission or of the Mayor under this Section may appeal to the St. Joseph County Circuit or Superior Court to reverse such action. The appeal shall be limited to the cliam that the Commission or Mayor has violated theappellant's constitutional rights, has acted in excess of its jurisdiction, or has acted unreasonably, arbitrarily, and beyond the limits of its reasonable discretion. (3) the members of the Commission and the Mayor shall not be liable for damages or for any claim against them as individuals because of action taken by them in performance of their duties under this Section. (4) This Section shall be liberally construed to achieve its purpose. (v) Suspension or revocation of permit; notice; he (1) Whenever it is shown or whenever the Commission has reason to believe that any person registered under this Section has violated any of the provisions thereof, or that any promoter, agent, or solicitor of a permit holder has misrepresented the purpose of the solicitation, the Commission shall immediately suspend the permit and give the permit holder written notice in person or by certified mail return receipt requested, of the suspension and of a hearing to be held within seven (7) days of such suspension to determine whether or not the permit should be revoked. This notice must contain a statement of the facts upon which the Commission has acted in suspending the permit. (2) At the hearing the permit holder, and any other interested persons, shall have the right to present evidence as to the facts upon which the Commission based the suspension of the permit and any other facts which may aid the eommission in determining whether this article has been violated and whether the purpose of the solicitation has been misrepresented. (3) If, after such hearing, the Commission finds that this article has been violated or the purpose of the solicitation has been misrepresented, it shall within two (2) days after the hearing file in its office for public inspection and send to the permit holder by registered mail, or serve him in any manner provided by general law for the service of notices, a written statement of the facts upon which it bases such a finding and immediately revoke the permit. (4) If, after the hearing, the Commission finds that this article has not been violated and the purpose of the solicitation has not been misrepresented, it shall, within two (2) days after the hearing give to the permit holder a written statement canceling the suspension of the permit and stating that no violation or misrepresentation was found to have been committed. (5) In all cases where a suspension of the permit occurs, the Chief of Police shall be notified immediately by the Commission of the suspension or r_evoation of any permit issued under this section. In like manner, the Commissiin shall immediately notify the Chief of Police, subsequent to the hearing of the decision of the Commission. -43- (w) Penalty. Any person, or any agent, servant, employee or officer thereof, violating any of the provisions of this section, or who aids or abets in the procuring of a violation of any provision, part or portion of this Section, or who causes to be filed an application for a permit which contains false or fraudulent statements of fact, shall be deem in violation of this section. Upon conviction, he shall be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) for each offense. Each violation shall be deemed a separate offense, and each act in violation of this section shall constitute a separate offense and be punishable as such. Sec. 4 -56 RESERVED Sec. 4 -57 RESERVED Sec--..4-58 and 4 -59 MSER7ED 1�-e-c.- -- Taverns eockta= - tonnges�£ivlrs��ars- -Car --yefrn =t=ans. -- Ar+y - estahl €shmea €- w�iie�i -a€ €ems- €4r- .eta -i.lt sale -aryl .alcoholic - - anctforywrr— alec�ho�ie- beverages- €er- eessumpt-ies- eR--t#e- - be - - - -- caf- -e&- a- - taverrr.- -- Taverns- shall- Ineltide -aay- Bock -t-& - 3ounge - c -lub -, bar,- izrrr,- salc�vrr or- pab- which- serves- st�e#�- #leverages, - -3ns sk�l - nut imc-I ide, -Mass- A- or- elass- B- cabarets:- C1sY-- �rcEnse-regaired. [P6�sfffsaa- skal3- epesate -a- tavern �rYua Saes not png,;P�g and comsp,iCi2orusby= Past =a= valid = tavern= 33een+ �aat#tiir�he ;rr ices. -Ccr- -OFF} =cation: -Each -app } ieant- €er- a- Lieesse- rJ41- . -}>rce - e #- om --t-he elf- -f -ice af-rhe c' c> rrtraiier- an- apgi }eat3ea- €or- $oe#i -33e �.- -mid agpl- ic�tion -- strarl - rnclsider -- - {l } -- Names- address- end- te3ephone fkumber- o£ --t-he - pe-r—son - filing- the- applieat3on:- {� }-- tdame;- address ; - and- teielshone- o€-- the- -- - proposed- tavern.- -- f 3 Y -- 'type -of- zoning- of- tihe- taverrr iocativrr.- -t4i--Number-of-emptoyeES.--- { 5 } - - P4ax #astsat- s_s;rnsbe�- of -.pa.t -tans- �ahi,cJ�- cars - ��e- se -moved at -one-time. - € €- €eed -ls- to -be- sewed- aJrthe-.t".ex_n,_ the applicant steal l gresent- a -val €d -heal th- perml- t- izsved- by- t4us - JrO=rt:'}r-IDE citft at -the -t }sae- ef- fi1ing- this= apPiiCz± Vn. -The - eity- eontroller- s€iaii- -rQv-iew- maid -a rlicatic r-aaacl-43�r4er any- trrspections -he- may- r•eg+si- re- by- t4ynu4ia;., ?n part ,a7./-Ox_tlae_ Pire- Hepartment- be €ese- 3ss+�a�sg- sand- g.3u=^.�. -. -- T�se- lcx+tro�la�- ma}x -abso- ref er- said -app l 3eatien- te- tlse-- Pe44oe- Depar-traerrt -£-sr- re isw and-- - recommendation -- (d }-- Bicense -Fee. The- City_ QgDjXjqJ.1j�x= =-JLiz_m r�3'averrriri�ense �tcr ark pessests- semplying- with- this_ Code upon- payment o€- -44- - E)614a -r s --peE -yenar. -see -- 4- 59-- Tave3FAS- w}tb- .F,a .Ve- ea'A-ai txh :: eattatttan- �tatrer� yri- Eh- _l.,i�a _en#.s.�tainmeat - shall -be- called - Class -8 cabarets- arid- acearr-mr- s- da nee rs; -ge- ga_ 4a*Ge-r-B-r- stia�s� mate -ox -£ ®male- impe�seaales, er- s- iff1i- . -3ai-e AT - r -ttli- n4ar -r,,- -- (- b)-- ii- �R _"' ed- Nzy- person- shall_ QSe rate- a- Class_B- Cabare- t --Wb -Q -does not -po -s- pgs -ana- C4r.sgi.cususl}�- pest- a_ualicLrlass -R mbar -&t- -I enr 3 witimrthe - psemrses . ] (cr- Apgi =cation. }hP offine -Of -tire- Cull ttvrler -art -app tseation- €er- sIneli- 33 =- c'-= ` - -{} �-- tdame-- aeldress;- at�d- ta4.ep�tottE -� �f- �t�e- arson- -frisng- the- ag @iieat3ax: -- -{2� -- Name. - address,- ar -d--t legtvane- �-0'�'t�' �ropased- etass- $- £abaret: (3f-- TYPe- a €- souiay- a- f -#.k� •.�t,�, -p+ 1ciea4:i� (4}-- Number- of- empieyees- (5T Ftaximnm- aesEbe - o#- �a#xrrns sshi ch r�u�1 s�V at -- one -dime: { 6 }- -Type- a €- en- ter*a449ne'nt -f�- the- agplleant- }atearls -te- sexeseocl aYse •.mot_* °+ r� valid - Irealtk- perm} t- lssxed -by- the- Eaua$3'- l;ea�.t- h- �- i.ce.�- must -� ^rte=- ^tad -at - the - time -of - fitting- the- - Deparl4Eat3on.- - 4' he- 8ontro33er- slta�3- �'ev- iQw- �ai�-aPP3-3� �r�d"a�"�'- - arr- rrrspectivns- he- mag- regeri�e- �-t- he-- Bui3di- r��--De���xee -t - a- nc3%o-s -�lr�- gartment-before- issaing- said -3�[ se'rrd'sa =d'appf = cation -to- tile- �oiice -fit #�-- raw- rew -�c�- - ge'cvtmltG nda t Tv n- prier- ta-issairrcl- saiY3- -i- icerrs�- 'Tdi'-- License -fee: eke- 64t}� -EoA o-l�ar- shall- issu�a�Lass �abax _License -to- all-per seas- eeF+p49+ -.f+45—wait t-h-i Co le-r-a� 41POrz.iaaymer4-t-a£- Sec. 4 -60 RESERVED Sec. 4 -61 Taxicabs (a) Definitions. As used in this section: (1) Certificate means a certificate of public convenience and necessity issued by the City- COfltroll6r after approval by the Board of Public Works authorizing holder to conduct a taxicab business in the City. _ 45- (2) Cruising means the driving of a taxicab on the streets, or public places of the City, in search of or solicity prospective passengers for hire. (3) Driver means any person who is in actual physical control of a taxicab. (4) Driver's license means the written license issued by the controller to a person to drive a taxicab upon the streets of the City. (5) Holder means a person to whom a certificate of public convenience and necessity has been issued. (6) Manifest means a daily record prepared by a taxicab driver of all trips made by such driver showing time and place or origin, destination, number of passengers and the amount of fare of each trip. (7) Operator means any person.owning, in charge of or managing a taxicab business in the City. (8) Rate card means a card for display in each taxicab which conta ns the scheduled rates of fare charged by the operator of such taxicab with a receipt of the clerk of the Board of Public Works. (9) Taxicab means a motor vehicle regularly engaged in the busi— s.of Carr in ers for hire, having a seating capacity of/ � a R- R IIV persons and not operated on a fixed route. (10) Taximeter means a meter instrument or device attached to a taxi— c which measures mechanically the distance driven and the waiting time upon which the fare is based. (11) Taxi stand means a place on public property where the Board of Public Works has authorized a holder of a certificate of public convenience and necessity to receive passengers. (12) Waiting time means the time when a taxicab is not in motion from the time of acceptance of a passenger to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the request, act, or fault of a passenger. (b) Vehicle in )ection; issuance of license con (1) Prior to the use and operation of any vehicle under this section, the vehicle shall be thoroughly examined and inspected by the Police Department and found to comply with such reasonable rules and regulations as may be prescribed by the Board of Public Works. These rules and regulations shall be promulgated to provide sage transportation and shall specify such safety equipment and regulatory devices as the Board of Public Works deem necessary. (2) When the Police Department finds that a vehicle has met the standards established by the Board of Public Works, the Department shall authorize the Controller to issue a license to that effect. The license shall state the authorized seating capacity of the vehcile. IURIC (3) Every vehicle operating under this section shall be periodically inspected by the Police Department at such intervals as established by the Board of Public Works to insure the maintenance of safe operating conditions. (4) Every vehicle operating under this section shall be kept in a clean and sanitary condition according to rules and regulations promulgated by the Board of Public Works. (c) Informat )n exterior of taxicab; no imitation of (1) Each taxicab shall bear on the outside of each front or rear door, in painted letters five (5) inches in height, the name of the holder of a certificate of public convenience and necessity, and the number of the license plainly painted five (5) inches in height on the rear of such vehicle. (2) The taxicab may bear an identifying design approved by the Board of Public Works. No vehicle covered by the terms of this section shall be licensed whose color scheme, identifying design, monogram or insignia to be used thereon shall, in the opinion of the Board, conflict with or imitate any color scheme, identifying design, monogram or insignia used on vehicles already operating under this article, in such a manner as to be misleading or tend to deceive or defraud the public. If after a license has been issed for a taxicab, the color scheme, identifying design, monogram or insignia thereof is changed so as to be, in the opinion of the Board; in conflict with or imitate any color scheme, identifying design, monogram or insignia used by any other person, owner or operator, in such a manner as to be misleading or tend to deceive the public, the license of or certificate covering such taxicab shall be suspended or revoked pursuant to the provisions of section 4 -16. (d) overall service required; central office; refusal a violation; revocation. (1) All persons engaged in the taxicab business in the City operating under the provisions of this section shall render an overall service to the public desiring to use taxicabs. (2) Holders of certificates of public convenience and necessity shall maintain a central place of business and keep the office open twenty -four (24) hours a day for the purpose of receiving calls and dispatching cabs. They shall answer all calls received by them for services inside the coporate limits of the City as soon as they can do so. If the services cannot be rendered within a reasonable time they shall then notify the prospective passengers how long it will be before the call can be answered and give the reason therefor. (3) Any holder who refuses to accept a call anywhere in the corporate limits of the City at any time when such holder has available cabs, or who fail's or refuses to give.overall service, shall be deemed a violator of this section. The certificate granted to such holder shall be revoked pursuant to the provisions of section 4 -16. (e) Manifest required; retention. (1) Every driver shall maintain a daily manifest upon which are recorded all trips made each day, showing time and place of origin and destination of each trip and amount of fare. All completed manifests shall be returned to the owner by the driver at the conclusion of his tour duty. The forms for each manifest shall be furnished to the driver by the owner and shall be of a character approved by the Board of Public Works. -47- (f) Records required; access; retention. (1) Every holder shall keep accurate records of receipts from operations, operating and other expenses, capital expenditures and suchother operating information as may be required by the Board of Public Works. (2) Every holder shall maintain the records containing such information and other date required by this Article at a place readily accessible for examination by the Board of Public works. (3) All records shall be preserved and maintained for three (3) calendar years. (g) Advertising on vehicles. Subject to the rules and regulations of the Board of Public Works, any person owning or operating a taxicab or motor vehicle for hire may permit advertising matter to be affixed to or installed in or on such taxicabs or motor vehicles for hire. (h) Taximeter required; specifications; inspection. (1) All taxicabs operated under the authority of this section shall be equipped with taximeters fastened in front of the passengers, visible to them at all times day and night. After sundown, the face of the taximeter shall be illuminated. (2) The taximeter shall be operated mechanically by a mechanism of standard design and construction, driven from a nonpowered wheel by a flexible and permanently attached driving mechanism. It shll be sealed at all points and connections which, if manipulated, would affect the correct reading and recording. Each taximeter shall have a flag to denote when the vehicle is employed and when it is not employed. The driver shall throw the flag of such taximeter in a non - recording position at the termination of each trip. (3) D2 axi a er 1 ubj sect to inspection from time to time by the /eega o' r mee -�a ny inspector or other officer of the Department is authorized, either on complaint of any person or without such complaint, to inspect any meter. upon discovery of any inaccuracy the inspection officer shall notify the person operating such taxicab to cease operation. Thereupon the taxicab shall be kept off the highways until the taximeter is repaired and in the required working condition. (i) Esta rate shment and change of rates of fare; di (1) The scheduled rates of fare charged by the operator of a taxicab shall be established by the operator.- The first scheduled rates of fare and each change of scheduled rates of fare established by an operator shall be effective and charged by an operator with respect to all of such operator's taxicabs only after: (a) the first scheduled rates of fare or the change of scheduled rates of fare is filed with the Board of Public Works and noted as received by the Clerk of said Board; and (b) thirty (30) days after publication of such first scheduled rates or such change of scheduled rates in two (2) newspapers published in the City of South Bend. (c) Every taxicab operated under this section shall have at all times a rate card receipted by the Clerk of the Board of Public Works setting forth the scheduled rates of fare displayed in such place as to be in view of all passengers. (j) Receipt upon demand; contents. The driver of any taxicab shall, upon demand by the passenger, render to the passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt. The receipt shall contain: (1) The name of the owner; (2) License number or motor number; (3) Amount of meter reading or charge; and (4) Date of transaction. (k) Refusal to pay legal fare. (1) Io person shall refuse to pay the legal fare of any vehicle mentioned in this section after having hired the vehicle. (2) No person shall hire any vehicle with intent to defrauc the person from whom it is hired of the value of such service. (1) Charging excess rates prohibited. No person owning or driving any taxicab shall charge a passenger in excess of the rate of fare indicated on the taximeter, if the taxicab is hired by mileage, or as advertised in the card displayed inside the taxicab, as required by this section. (m) Taxi stand license; application;approval (1) Any holder of a certificate under this section desirinc to occupy a certain designated place on a public street of the City a! a taxi stand shall file an application with the Board of Public Works. on blanks to be furnished by the Board. (2) The application shall contain the following: (a) The number of taxicabs to be maintained at the particular stand; (b) The representation that there will be maintained a telephone connection directly to the main office of the holder near such stand or in the building next adjacent thereto, for at least eight (8) hours each day or that there will maintained two -way radio communication between the taxicab using the stand and the central office of the holder. (3) Upon the holder of a certificate complying with the above requirements, the Board, in its sole discretion, may permit such holder to occupy the designated place as a taxi stand if such occupancy is consistent with public convenience and necessity. FMM (4) For the purpose of this sub - section and sub - section (n), "holder" shall include any group or association of individuals to whom a certificate of public convenience and necessity has been issued who join together or associate themselves together for the joint use by them of such taxicab stands. (n) Taxi stand license fee; term encroachment of stand; revoc insferabilit (1) The holder of a certificate of convenience and necessity under this section shall pay one Hundred Twenty Five Dollars ($125.00) per year to the Controller for each twenty -two (22) feet of the public streets occupied and used as a taxi stand. (2) The taxi stand permits shall continue to be valid from year to year upon payment of the prescribed fee or until suspended or revoked pursuant to the provisions of this section. (3) No taxi stand license shall be transferred or assigned without the writtenconsent of the clerk of the Board of Public Works, duly authorized and directed by the Board and Controller. (4) The stand for which such license shall be issued shall not encroach upon any part of the street(s) or curb(s) zoned or designated for any other purpose. (5) The taxi stand license may be revoked by the Board of Public Works for good cause shown after due notice to the holder of the certificate of public convenience and necessity and a hearing. (6) The Board of Public Works shallissue to any present holder of a taxicab license under this section, a license to occupy taxi stands, the places respectively heretofore designated and assigned by the Board of Public Works to such holders of a taxicab license without the necessity of compying with this section. (o) Marking of taxi stands. All taxi stands shall be marked by the Traffic Director in the City Engineer's Office by appropriate painting of the adjacent curb and by affixing to the curb at each end of the stand a metal standard to be furnished by the licensee with the words "Taxicab Stand of " plainly stenciled upon the standard. (p) All taxi stands may be occupied and used only by taxicabs belonging to or under the control of the particular holder to whom the standards are assigned for the full period of twenty -four (24) hours each day. All taxi stands shall always be available for use by the Police or Fire Departments of the City and subject to the rights of reasonable ingress and egress of the abutting property owner or his lessee. Private or other vehicles for hire shall not at any time occupy the space upon the streets that have been established as taxicab stands. (q) )s awaiting employment to park only at S. (1) No owner or operator of any taxicab licensed under the provisions of this section shall cause or permit the taxicab to stand while waiting employment at any place other than a taxicab stand so designated and licensed to the holder under the provisions of sub - section (n). The standing of any taxicab at a stand not licensed as provided in sub - section (n) shall be unlawful and cause for revocation of the taxicab license. -50- (2) The time reasonably necessary to take on or discharge passengers at the point of embarkement or discharge shall not be construed as a standing of the taxicab under the provisions of this section, provided that as soon as passengers have been received or discharged, the taxicab leaves the point of parking where such act of receiving or discharging passengers has taken place, unless the act occurred at a licensed stand. (r) Cruising; soliciting passengers. (1) Any taxicab driver may solicit employment by driving through any public street without stopping, other than when required because of obstruction of traffic, and at such speed as not to interfere with or impede traffic. (2) No driver shall solicit passengers for a taxicab except when sitting in the driver's compartment of such taxicab or while standing immediately adjacent of the curbside. The driver of any taxicab shall remain in the driver's compartment or immediately adjacent to his vehicle at all times when such vehcile is upon the public street, except that, when necessary, a driver may be absent from his taxicab for not more than five (5) consecutive minutes. NOthing herein contained shall be held to prohibit any driver from alighting to the street or sidewalk for the purpose of assisting passengers into or out of the vehicle. (3) No driver shall solicit patronage in a loud or annoying tone of voice or by sign or in any manner annoy any person or obsturct the movement of any persons, or follow any person for the purpose of soliciting patronage. (s) Receipt and discharge of passengers. Drivers of taxicabs shall not receive or discharge passengers in the roadway but shall pull up to the right -hand sidewalk as nearly as possible or in the absence of a sidewalk, to the extreme right -hand side of the road, and there receive or discharge passengers, except upon one -way streets, where passengers may be discharged at either the right- or left -hand sidewalk, or side of the roadway, in the absence of a sidewalk. (t) Refusal to convey orderly passengers prohibited. No driver of a taxicab shall refuse or neglect to convey any orderly person upon request anywhere in the City, unless previously engaged or unable or forbidden by the provisions of this section to do so, if such person agrees to pay the fare for the use of the taxicab. (u) Additional passengers. A driver may permit persons other than the first person employing the taxicab to ride in any such taxicab, unless the first person shall refuse to permit additional persons. (v) Number of passengers restricted;exception. No driver shall permit more persons to be carried in a taxicab as passengers than the rated seating capacity of his taxicab as stated in the license for the vehicle issued by the Police Department A child in arms shall not be counted as a passenger. (w) Unlawful acts. It shall be a violation of this article for any driver of a taxicab to solicit.business for any hotel, or to attempt to divert patronage from one hotel to another, or use his vehicle for any purpose other than the transporting of passengers. -51- (x) Deceiving passengers prohibited. No owner or driver of any taxicab shall deceive, misinform or mislead any passenger, who may ride or desire to ride in such vehicle, as to his destination or the price to be charged for conveying passengers. (y) Direct route to be followed. Any taxicab driver employed to transport passengers to a definite point shall take the shortest and most direct route possible that will carry the passengers to their destination safely and expeditiously. (z) Limitation on number of persons riding in front seat. No driver or owner of any licensed taxicab shall allow any person except one person who pays his due fare, to ride on the front seat with the driver of the vehicle while it is engaged in the business of carrying persons for hire. (aa) Dispositon of article left in taxicabs. Whenever any package, article of baggage or goods of any kind is left in any taxicab or in the custody of the driver of such vehicle, the driver shall, upon the discovery of the package or article, immediately deliver the same to the company's main office and into the hands of the management in charge and receive from such manager a reciept,unless the package or article is first delivered to the owner on the order of the owner. (bb) Adoption of additional rule and regulations. The Board of Public Works shall have the power to make and adopt any additional rule and regulations as, in its judgment and discretion, are necessary and proper for safety in the driving or managing or taxicabs; provided, that the additional rules and regulations are not inconsistent with the provisions of the section. (cc) Enforcement of article. The Police Department is given the authority and is instructed to watch and observe the conduct of holders and drivers operating under this section. Upon discovering a violation of the provisions of this article, the Police Department shall report the violation to the Board of Public Works, which will order or take appropriate action. (dd). Penalties. Any person violating any of the provisions of this section shall be deemed guilty of an offense. Upon conviction he shall be fined not more than one thousand dollars ($1,000.00) (ee) Certificates of public convenience and necessi No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the City without having first obtained a certificate of public convenience and necessity from the Controller and authorized by the..Board of Public Works. 52- (ff) Application; contents. (1) An application for a certificate shall be filed with the Board of Public Works upon forms provided by the Controller and be verified under oath. information: (2) The application shall furnish the following (a) the name and address of the applicant; (b) the financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to such judgments; (c) the experience of the applicant in the transporta- tion of passengers; (d) facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate; (e) the number of vehicles to be operated or controlled by the applicant; (f) the color scheme and insignia to be used to designate the vehicle or vehicles of the applicant; and (g) such further information as the Board of Public Works may require. (gg) Public hearing;notice. (1) Upon the filing of an application,th- Board of Public Works shall fix a time and place for a public hearing thereon. Notice of hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been theretofore issued. Due notice shall also be given the gneral public by publication of'such notice one (1) time in a local newspaper of general circulation. Any interested person may file with the Board of Public Works a memorandum in support of or in opposition to the issuance of a certificate. (2) The Board of Public works shall instruct the City Controller to issue to any present holder of a taxicab license under this section, a certificate of public convenience and necessity for the operation of the same number of taxicabs presently licensed to such holder, upon the filing of an application as required by sub- section (ff) and complying with sub - section (ii). No notice and no public hearing shall be necessary as required by this section. (hh) Issuance; denial. (1) If the Board of Public Works finds that additional taxicab service inthe City is required by the public convenience and necessity and that the applicant is fit, willing and able to perform suchpublic transportation and to conform to the provisions of this section and the rules promulgated by the Board, then the Board shall authorize the City Controller to issue a certificate stating: (a) the name and address of the applicant; (b) the number of vehicles authorized under such certificate; and (c) the date of issuance. (2) If a certificate is not issued, the application shall be denied. (ii) Liability insurance required; contents. (1) No certificate of public convenience and necessity may be issued or continued in operation to a holder unless there is -53 - on file in the office of the Controller, and in force and effect a current policy of insurance in an amount of not less than fifty thousand dollars ($50,000.00) for injury to or destruction of property as a result of any one occurrence and a public liability policy covering accidental bodily injury, including death, to any member of the public in an amount of not less than one hundred thousand dollars ($100,000.00) for all public liability from any one occurrence. Said policy shall be updated annually and on file with the office of theController before any issuance of a certificate of public convenience and necessity. (2) The policy of insurance shall insure the owner and his agent against liability for the payment of any final judgment, less any deductible amounts, that may be rendered against the owner and /or his agent for damages to the property or person of others or for damage for the wrongful death of others, resulting from any accident or collision for which the owner and /or his agent will be liable onaccount of any act of negligence in the operation of the taxicab, or which may arise or result from any violation of any of the provisions of this articleor the laws of the State, by him or any agent.' (3) The policy of insurance on file in the office of the Controller shall contain the following provision: "The City, . through the office of the Controller, will be given fifteen (15) days' notice prior to the effective date of the cancellation or other material change of this policy.'# (jj) Payment of fee prerequisite to issuance; exception. (1)No certificate shall be issued until the holder has paid an initial license fee of Five xunarea /(.i�rs for the right to engage in the taxicab business andThir y- Fivers each year for each vehicle operated under a certificate of public convenience and necessity. The license fees shall be in addition to any other license fees or charges established by proper authority and applicable to the holder or the vehicle under his operation and control. ($soo.00) (2) Theinitial license fee of Five Hundred/ dollars, as provided for in this sub - section, shall not apply to persons now having a valid certificate of public convenience and necessity. (kk) Transferability. No certificate of public convenience and necessity may be scold, assigned, mortgaged or otherwise transferred without the consent of the Board of Public Works. (11) Suspension or revocation; notice. (1) A certificate issued under the provisions of this section may be revoked or suspended by the Mayor pursuant to the provisions of section 4 -16, if the holder thereof has: (a) violated any of the provisions of this section. (b) discontinued operation for more than ten (10) days; (c) violated this Code or any ordinance of the City or the laws of the United States or the State, the violation of which reflects unfavorably on the fitness of the holder to offer public transportation. (2) Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and have an opportunity to be heard. - 54- (mm) Driver's license required. No person shall operate a taxicab for hire upon the streets of the City, and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicav licensed by the City shall be to driven at any time for hire, unless the driver of such taxicab shall have first obtained and have then in force a taxicab driver's license issued under the provisions of this section. (nn) Application contents; physicians's report; fee exception. (1) An application for a taxicab driver's license shall be filed with the Controller on forms provided by the City and verified under oath. (2) The application shall contain the following information: (a) the names and addresses of four (4) residents of the City who have known the applicant for a period of five (5) years. (b) the experience of the applicant in the transportation of passengers; (c) the educational background of the applicant; and (d) a concise history of his employment. (3)" The application shall be accompanied by a certificat( from a licensed physician of th eCity certifying that, in his opinion, the applicant is not suffering with any disease or infirmity which may make him an unsafe or unsatisfactory driver. (4) At the time theapplication is filed the applicant shall pay the the Controller the sume of Five Dollars ($5.00). (5) the provisions of this sub - section shall not apply to persons now having a valid driver's license at the time this becomes effective, but such persons shall comply with the renewal provisions of this section on and after January 1, 1967. (oo) Investigation of traffic and police record. The Police Department shall conduct an investigation of each applicant for a taxicabe driver's license. A report of the investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application for the consideration of the Controller. (pp) Application approval or rejection; wri (1) The Controller shall, upon consideration of the application and the reports and certificate required to be attached thereto, approve or reject the application. If the application is rejected, the applicant may request a personal appearance before the Board of Public Works to offer evidence why his application should be reconsidered. (2) The Controller shall submit, in writing, to the:Board his reasons for rejecting the application. (qq) Motor vehicle operator's permit required. Before any application is finally passed upon by the Controller the applicant shall be required to show that he has a current motor vehicle operator's permit issued by the State. 55 (rr) License issuance; term; renewal fee. (1) upon approval of an application for a taxicab driver's license, the Controller shall issue a license to the applicant which bears the name, address, age, signature and photograph of the applicant. (2) The license shall be in effect for the remainder of the calendar year. A license for every calendar year thereafter shall be issued upon the applicant making a showing that he is the holder of a valid public passenger chauffeus's license issued by the State and the payment of Five Dollars ($5.00 ), unless the license for the preceding year has been revoked. (ss) Display of license. Every driver licensed under this section shall post his driver's license in such a place as to be in full view of all passengers while such driver is operating a taxicab. (tt) Suspension or revocation. (1) The Board of Public Works is given the authority to suspend any taxicab driver's license issued under this section for a driver failing or refusing to comply with the provisions of this Code. The suspension shall last for a period of not more than thirty (30) days, however, a license may not be revoked unless the driver has received notice and has had an opportunity for a hearing in accordance with section 4 -16 of this Code. (uu) Compliance with Federal, State and City laws. Every ,driver licensed under this division shall comply with all City, State and Federal laws. Failure to do so shall justify the Board of Public Works suspending or revoking a license. ,SECTION 452 - RESERVED SECTION 4 -63 RESERVED .SECTION 4 -6'4 'Chart of Licensing Fees. Regulated Activity Section Fee $30.00 per year Arborist /Tree Service 4 -19 3.00 per vehicle Food Vending Vehicles 4 -25 $20.00 per vehicle Hotel /Motels 4 -30 $2.00 per room $25.00 mim. per estalbish ment Laundries, Self - Service $ 2.00 per machine Dry Cleaners, Self- Service 4 -34 $50.00 min. per establish- ment Massage Parlors 4 -35 $50.00 per year Massage Technicians 4 -35 $50.00 per year Open Air Stands 4 -38 25.00pminiimumWorh $150.00 or $200.00 per year Public Parking Facilities 4 -39 $1.00 per parking space Peddlers, Transient Merchants $20 / $25.00 up to 10 days Canvassers 4 -43 $40 $50.00 per year Restaurants 4 -45 $40.00 ez year (1 -75 seat- pa ing cap city $80.00 per year (76 and greater seatin ca acit -56- Regulated Activity Section Fee Restaurants with Live 4 -46 $25.00 per year Entertainment /Music (Class A and B Cabarets) Rubbish and Garbage,._ 4 -48 $25.00 per year Removal Scrap Metal Dealers, 4 -51 $200.00 per year Transfer Stations, Recycling Operators Junk Dealers Secondhand Dealers 4 -53 $50.00 per year Solicitations, Charitable 4 -55 $1.00 to $500.00 Taxicabs 4 -61 35.00 per vehicle per year, $5.00 per driver per year SECTION II. Chapter 4, Article 1 through 7, Sections 4 -1 through 4 -41 of the Municipal Code of the City of South Bend, Indiana, are hereby deleted in their entirety and replaced by the foregoing ordinance. Article 8 commonly known as PUblic Parks, Sections 4 -42 through 4 -84 is hereby retained and renumbered to become Article 3, it Chapter 19, Sections 19 -36 through 19 -78. SECTION III. Chapter 7, Articles 1 through 9, Section 7 -1 through 7 -122, commonly known as "Business" of the Municipal Code of the City of South Bend, Indiana, is hereby deleted and reserved for future use. SECTION IV. Chapter 10, Article 2, Restaurants and Article 3, Food Vendin— g�Veiicles, Section 10 -21 through 10 -51 of the Municipal Code of the City of South Bend, Indiana, are hereby deleted and reserved for future use. SECTION V. Chapter 11, Article 3, Division 2, Section 11 -20. through 11 -27 of the Municipal Code of the City of South Bend, Indiana, are hereby deleted and reserved for future use. SECTION VI.Chapter 12, entitled Licenses and Permits of the Municipal Code of the City of South Bend, Indiana :ice hereby deleted in its entirety and reserved for future use. SECTION VII. Chapter 14,--- Pest Control of the Municipal Code of the City of South Bend, Indiana, is hereby deleted in its entirety and reserved for future use. SECTION VIII. Chapter 16, Article 4, Licensing Collectors and Haulers, Sections 16 -27 through 16 -33 of the Municipal Code of the City of South Bend, Indiana,is hereby deleted and reserved for future use. SECTION IX. Chapter 19, Divison 3, Arborist License, Sections 19 -26 through 19 -31, of the Municipal Code of the City of South Bend, Indiana, is hereby deleted and reserved for future use. SECTION X. Chapter 20, Article 4, Section 20 -32 through Section 20 -43.1 (Bicycle Licensing) of the Municipal Code of the City of South Bend, Indiana, is hereby deleted and reserved for future use. SECTION XI. Severability. If any provisions, section, or article of this ordinance is declared to be invalid or unconstitutional,such declaration shall not be construed to affect any of the other provisions, sections or articles herein, and the remainder of the ordinance shall not thereby be invalidated. SECTION XII Any provision of the Municipal Code which appears to be in conflict with this ordinance is hereby repealed. -57- SECTION XIII. This ordinance shll be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication, with all new fees and procedures applicable to licenses issued for 1982. Member of the Common Council Tommittrt Ieport ils tke (IInmmon (IIonnrd of *# (IIng of #a* 1kiu Your Committee OF THE WHOLE to whom was referred BILL NO. 121 -81 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING VARIOUS SECTIONS OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY KNOWN AS LICENSES. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE, AS AMENDED: BY SUBSTITUTING A NEW BILL Ines Ieeu olaiiN, veeuse... co. JOHN VOORDE Chairman