Section 13-20 Application of regulations.
Prior to the adoption of Ord. 16432 on 05/01/2000, Section 13-20 read as follows.
(a) License required. It shall be unlawful for any person, either directly
or indirectly, to
conduct any business or nonprofit enterprise, or to use in connection therewith any vehicle,
premises, machine or device in whole or in part, for which a license or permit is required by any
law or ordinance of this city, without a license or permit therefor being first secured and kept in
effect at all such times as required by this article or other law or ordinance of this city.
(b) Special sales. This article shall apply to all business in the nature
of special sales for which
a license is required by any law or ordinance of this city; and it shall be unlawful for any person,
either directly or indirectly, to conduct any such sale except in conformity with the provisions of
(1) One act constitutes doing business. For the
purpose of this article, any person shall be
deemed to be in business or engaged in nonprofit enterprise, and thus subject to the requirements
of subsections (a) and (b) of this section, when he does one act of:
a. Selling any goods or services.
b. Soliciting business or offering
goods or services for sale or hire.
c. Acquiring or using any vehicle
or any premises in the city for business purposes.
(2) Agents responsible for obtaining license.
The agents or other representatives of
nonresidents, who are doing business in this city, shall be personally responsible for the
compliance of their principals, and of the businesses they represent, with this article.
(3) Separate license for branch establishments.
A license shall be obtained in the manner
prescribed herein for each branch establishment or location of the business engaged in, as if each
such branch establishment or location were a separate business; provided that warehouses and
distributing plants used in connection with and incidental to a business licensed under the
provisions of this article shall not be deemed to be separate places of business or branch
(4) Joint license. Every person engaged in more
than one related occupation, where all such
occupations are operated as one business under the same management and at the same location,
may pay one license fee on the gross receipts of the combined occupations for all such
occupations licensed. This may also apply in the case of contractors who may engage in more
than one type of contracting where the fee rate is the same; except, that in all cases, the
computation of fee shall be based on the occupation with the highest maximum fee.
(5) No license required for mere delivery. No
license shall be required of any person for any
mere delivery in the city of any property purchased or acquired in good faith from such person at
a regular place of business outside the city where no intent by such person is shown to evade the
provisions of this article.
(6) Special permits to nonprofit enterprises.
The business license administrator will issue
special permits without the payment of any license fees or other charges therefor to any person or
organization for the conduct or operation of a nonprofit enterprise, either regularly or
temporarily, when he finds that the applicant operates without private profit, for a public,
charitable, educational, literary, fraternal, civic or religious purpose.
(7) Procedure concerning special permits.
a. Application for special permit:
An applicant for a special permit shall submit an
application therefor to the business license administrator, upon forms prescribed by the
administrator, and shall furnish such additional information and make such affidavits as the
administrator shall require
b. Special permits must conform:
A person or organization operating under a special
permit shall operate his nonprofit enterprise in compliance with this article and all other
applicable rules and regulations, except as provided herein.
(c) Special permits for garage sales.
No garage sale, as defined within this article, shall be
conducted by any person or organization without first obtaining a special permit from the
business license administrator. The administrator shall issue special permits without the payment
of any license fees or other charges therefor to any person or organization for the conduct or
operation of a garage sale, when under the following conditions:
(1) Including the garage sale for which the permit
is requested, no more than two (2) garage
sales per dwelling located on a lot within a residential zoning district, as defined in the zoning
ordinances of the city, will be held in the present calendar year; and for other uses allowable
under this Code in residential zoning districts, no more than two (2) such sales will be held per
calendar year for the requesting group or organization which forms a part of such zoning use (for
example, school band or athletic team).
Exception. One additional sale per year shall
be allowed if the sale for which the permit is
a. Results from the resident
of that dwelling or lot moving from that lot to another
dwelling or lot; or
b. Is conducted by or
through the estate or legal guardian of a resident of that dwelling
unit or lot.
(2) The garage sale for which the permit is requested
will be held only from 8:00 a.m. to
sundown on weekdays and Saturdays, and from 9:00 a.m. to sundown on Sundays and holidays.
The sale shall not extend for more than three (3) days.
(3) The placement of signs, placards, flyers,
or other forms of advertising, or direction, off-premises, is strictly prohibited.
(4) If food is to be served, the applicant has
first obtained the required permits from the
(5) If the sale is to be conducted on more than
one lot or dwelling, the written permission of
the occupants of adjoining lots or dwellings on either side of the lots or dwellings on which the
sale is to take place, is obtained.
Any person or organization to whom a special permit for a garage sale is issued shall prominently
display such permit on the premises of the sale and keep same available for inspection at all
times during such sale.
(c) Garage sales.
(1) No more than two garage sales may be conducted at any dwelling in a calendar
However, a third garage sale may be conducted at a dwelling if the sale is conducted by a
resident who is moving from the dwelling or by the estate or heir of a person who died while
living at the dwelling.
(2) No more than two garage sales may be conducted at any nonresidential use
located in a
residential zoning district.
(3) No garage sale shall be conducted between 8:00
p.m. and 7:00 a.m. No garage sale shall
more than three (3) days.
(4) No food shall be served at a garage sale without the required permit from the Health
(5) A garage sale shall not be used to sell items purchased for resale.
(6) It shall be unlawful for any person to advertise, conduct or permit to be conducted, any
garage sale in violation of this section.
(Code 1964, § 11.040; Ord. No. 10790, § 1, 11-18-85)