Sturgis City Zoning Code

The city has the authority pursuant to this article to promote business activity by authorizing reasonable use of sidewalks in the central business district. This article is intended to promote the economic development and growth of businesses located in the central business district.

(Ord. of 10-13-2004)

(a)

On sidewalks adjacent to properties zoned B-C Central Business District under the zoning ordinances of the city, adjoining owners, lessees or occupants may use the sidewalks in accordance with the provisions of this section for open air display of dry goods, sporting goods, tools, small equipment, flowers and similar merchandise, and for temporary seating and tables to the extent that such uses are accessory to the adjoining properties as defined by the zoning ordinance of the City of Sturgis, subject to the following restrictions:

(1)

Display or seating areas shall be limited as necessary to allow for a minimum 60 inches of unobstructed pedestrian walkway and shall not obstruct access to on-street parking or create a vision hazard.

(2)

Any service of beer, wine or alcohol shall be in conformity with the rules and regulations of the Michigan Liquor Control Commission.

(3)

All displays including signs, shelving and/or racks, chairs and tables shall be removed from the sidewalk when the adjoining retail operation is closed, or stored in a secured manner approved by the city manager.

(4)

All areas shall be well maintained and cleaned regularly by the adjoining property owner, lessee or occupant.

(5)

No items may be placed in the area at street corners or alley/street corners created by extending the building lines to the traveled portion of the streets or alleys.

(b)

On sidewalks adjacent to properties zoned B-C Central Business District under the zoning ordinances of the city, contiguous owners, lessees or occupants of property, that conduct permitted uses as defined in subsection 1.0407(B) of the City of Sturgis Zoning Code, with prior written consent from the adjacent property owner, may use the sidewalks in accordance with the provisions of subparagraph (a) of this section for the temporary display of signs to the extent that such display is accessory to the use of the contiguous property as defined by the zoning ordinance of the City of Sturgis.

(c)

All other use of the sidewalks for display or seating purposes is prohibited.

(Ord. of 10-13-2004; Ord. of 1-26-2011)

The use of the sidewalks as provided in section 18-182 shall be permissive and shall constitute no more than a license revocable at will by the city. The city may, if the use of the sidewalk in any way interferes with the use of the rights of way, require any or all items to be removed temporarily or permanently from the sidewalk areas. No use of the sidewalks under section 18-182 shall in any way entitle an owner, lessee or occupant to any right, title or interest in and to the sidewalk or any right to continue the uses provided in section 18-182.

(Ord. of 10-13-2004)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Calendar year means January 1st to December 31st.

Catering activity means when a mobile vending unit is contracted by an organization or individual to provide its service to its guests or to the general public if the general public is not charged.

Fixed place of business means a business operated and conducted from the same location in the city, for a period of at least 90 continuous days.

Food vending unit means a mobile vending unit that is used for either the preparation or the sale of food products, or both.

Good moral character means the propensity of the person to serve the public in the licensed area in an honest and open manner.

Mobile vending unit means a self-contained, movable vehicle, trailer, or cart that is used primarily for the purpose of the sale of goods or services from a temporary, stationary location.

Mobile vendor means a person or business selling goods or services from a mobile vending unit and responsible for the operation of that unit.

Peddle means to sell traveling by foot, automotive vehicle or any other type of conveyance from place to place, from house to house, or from street to street carrying, conveying, or transporting goods, wares, merchandise, or personal property of any nature whatsoever; offering and exposing such property for sale; or making sales and such property to purchasers.

Peddler means any person who peddles, as defined in this section.

Private sales area means operating on private property where the mobile vending unit is not accessible to, or selling to individuals other than residents of or employees of a business located on that property.

Solicit means to sell, take orders or offer to sell or take orders traveling either by foot, automobile, motor truck or any other type of conveyance from place to place, from house to house, or from street to street taking or attempting to take orders for the sale of goods, wares, and merchandise, or personal property of any nature whatsoever for future delivery, or for services whether or not such individual has, carries, or exposes for sale a sample of the subject of the sale whether such person is collecting advance payment for such sales or not.

Solicitor means any person who solicits, as defined in this section.

Stationary means staying in any one location for a period of 15 minutes or more.

Temporary business means a solicitor, peddler, transient merchant, or mobile vendor as defined in this chapter.

Transient merchant means a person, whether an owner, agent, consignee, or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares, and merchandise within the city, and who in furtherance of that purpose hires, leases, uses, or occupies any building, structure, tent, railroad box car, boat, public room in a hotel, lodging house, apartment, shop, or any street, lot, alley, or other place within the city, for the exhibition and sale of such goods, wares, and merchandise, either privately or at public auction. The person engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting transient business in connection with, as a part of, or in the name of, any local dealer, trader, merchant, or auctioneer.

(Ord. of 9-23-2019)

Cross reference— Definitions generally, § 1-2.

Unless provided otherwise by law or in this article, violations of this article are a municipal civil infraction.

(Ord. of 9-23-2019)

(a)

Fee schedule. Fees for licenses and services under this article shall be established by resolution of the city commission. All fees are nonrefundable unless otherwise specified. All temporary businesses must submit the appropriate fees as outlined here and in the Sturgis City Code of Ordinances. Fees of this article include:

(1)

Temporary business license.

i.

One day.

ii.

Annual.

(2)

Mobile vending unit license.

i.

One day.

ii.

Annual.

(3)

Mobile vending layout plan fee.

i.

One-time plan.

ii.

Multiple use plan.

(4)

Solicitor and peddler background check.

(b)

Fee exceptions.

(1)

Temporary business license and mobile vending unit license fees are waived for temporary businesses that are an accessory use to a business located within the City of Sturgis. Layout plan fees and solicitor and peddler background check fees still apply.

(2)

One-time fees for mobile vending unit licenses and layout plans are waived for mobile vendors that are part of a community event approved by the Sturgis City Commission.

(Ord. of 9-23-2019)

Police officers of the city may examine all places of business and persons in their respective territories subject to this article, to determine if this article has been complied with and to enforce the provisions hereof against any person found to be violating this article.

(Ord. of 9-23-2019)

In determining good moral character for the purposes of this article, the following shall apply:

(a)

A judgment of guilt in a criminal prosecution or a judgment in a civil action shall not be used in and of itself as proof of a person's lack of good moral character. It may be used as evidence in the determination and when so used the person shall be notified and shall be permitted to rebut the evidence by showing that:

(1)

At the current time the person has the ability to, and is likely to, serve the public in a fair, honest and open manner; and

(2)

The person is rehabilitated, or that the substance of the former offense is not reasonably related to the occupation or profession for which they seek a temporary business license.

(b)

The following criminal records shall not be used, examined, or requested by the city in a determination of good moral character when used as a requirement to obtain a temporary business license:

(1)

Records of an arrest not followed by a conviction.

(2)

Records of a conviction which has been reversed or vacated, including the arrest records relevant to that conviction.

(3)

Records of an arrest or conviction for a misdemeanor or a felony unrelated to the person's likelihood to serve the public in a fair, honest, and open manner.

(4)

Records of an arrest or conviction for a misdemeanor for the conviction of which a person may not be incarcerated in a jail or prison.

(Ord. of 9-23-2019)

No licensee under this article, nor anyone in his behalf, shall shout, make any outcry, blow a horn, ring a bell, or use any other sound device, including any loudspeaking radio or amplifying system, without prior approval by the city, upon any of the streets, alleys, parks, or other public places of the city or upon any private premises in the city, where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, alleys, parks, or other public places, for the purpose of attracting attention to any goods, wares, or merchandise which the licensee proposes to sell.

(Ord. of 9-23-2019)

(a)

No transient merchant, peddler, solicitor or mobile vendor shall engage in such business within the city without a temporary business license.

(b)

If a person applying for a temporary business license as a transient merchant desires to do business in more than one place within the city, separate licenses shall be issued for each place of business and shall be posted conspicuously in each.

(c)

Licenses shall expire December 31 of the year of issuance.

(Ord. of 9-23-2019)

Not less than five days prior to the date on which the applicant proposes to commence business in the city, the applicant for a license under this chapter shall file a written sworn application signed by the applicant, if an individual, by all partners if a partnership, and by the president if a corporation, with the city clerk-treasurer, showing the following:

(a)

The name, birth date, motor vehicle operator's license number, and other information of the person having the management or supervision of the applicant's business during the time that it is proposed that the business will be carried on in the city, including but not limited to:

(1)

The local street address of the person while engaged in this business;

(2)

The permanent street address of the person;

(3)

Relevant contact information such as phone number, email address, etc. for the person as determined by the city clerk-treasurer;

(4)

The capacity in which the person will act, that is, whether as proprietor, agent, or otherwise; and

(5)

Other information as requested by the city clerk-treasurer.

(b)

The name and street address of the person, partnership, corporation, or entity for whose account the business will be carried on, if different from (a) and the following information if applicable:

(1)

If a corporation or limited liability company, under the laws of what state the same is incorporated or organized; and

(2)

If an individual, the birth date and motor vehicle operator's license number of the individual.

(c)

The place, places, or area in the city where it is proposed to carry on the applicant's business and the length of time during which it is proposed that the business shall be conducted.

(d)

A statement of the nature, character, and quality of the goods, wares, and merchandise to be sold or offered for sale by the applicant in the city.

(e)

Whether or not the applicant or the person having the management or supervision of the applicant's business has been convicted of a crime or a violation of any municipal ordinance of any municipality and, if so, the nature of the offense and the punishment assessed therefor.

(f)

If applicable, credentials from the person for which the applicant proposes to do business, authorizing the applicant to act as the representative and a copy of any required state license.

(g)

A photograph of the person having the management and supervision of the applicant's business within the city. These photographs shall have been taken within 60 days of the date the application is filed and shall show the head and shoulders of the person depicted in a clear and distinguishing manner.

(h)

The name, birth date, and motor vehicle operator's license number and a photograph of each person acting under the supervision of the applicant or the person having the management or supervision of the applicant's business during the time which it is proposed that the business shall be conducted.

(i)

Proof of insurance, showing that required insurance is in force.

(j)

A signed acknowledgement stating that the applicant is aware of the regulations for doing business in the city and will abide by those rules.

(k)

Acknowledgement that the license may by suspended or revoked as provided in this article complaints may be filed directly with the city clerk-treasurer.

(l)

For solicitors or peddlers—A signed authorization from each participant to allow for a background check.

(m)

For transient merchants—Evidence of permission from the owner of the parcel where the sale will take place.

(Ord. of 9-23-2019)

(a)

Upon receipt of the application, the city clerk-treasurer shall cause an investigation of the applicant's business responsibility or good moral character to be made as deemed necessary for the protection of the public good. A like investigation shall be made of the person having the management or supervision of the applicant's business within the city, if different from the applicant. In the case of a solicitor or peddler, a like investigation shall be made of each person soliciting or peddling.

(b)

If as a result of this investigation, the applicant's character and business responsibility or the character and business responsibility of the person having the management and control of the applicant's business within the city are found to be unsatisfactory, the application shall be denied. Applicants have the right to appeal as set forth in this article.

(c)

If as a result of the investigation, the character and business reputation appear to be satisfactory, the city clerk-treasurer shall so certify in writing and shall issue a license. The city clerk-treasurer shall keep a full record in his office of all licenses issued.

(d)

The license shall contain the number of the license, the date the license is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of the license, the place where the business may be carried on under the license, and the name of the person authorized to carry on the business.

(Ord. of 9-23-2019)

The license issued under this article shall be posted conspicuously in the place of business named therein. If the license is for a peddler or solicitor, the license will be made available upon request. The photographs of the licensees will be attached to the license.

No temporary business shall represent that they have a valid license, when, in fact, they do not possess a valid license.

(Ord. of 9-23-2019)

(a)

A mobile vendor must either be 18 years of age or older or have a responsible party 18 years of age or older who applies for and signs all necessary licensing and agreements.

(b)

A mobile vendor locating on any public property must have general liability insurance in an amount set annually by the city and include the City of Sturgis as additionally insured. A certificate of this insurance must be provided prior to licensing and the insurance must be maintained during any time the mobile vendor is operating in the city. If a vendor does not meet this insurance requirement, they can be issued a conditional license allowing them to operate on private properties as per the requirements of this article.

(Ord. of 9-23-2019)

All mobile vending units must be licensed with the City of Sturgis as per the following:

(a)

Requirements. All mobile vending units must meet the requirements outlined under section 18-53—regulation of mobile vendors and vending units.

(b)

Local licensing. All mobile vending units must be licensed at least once per calendar year prior to their first operation in the City of Sturgis during that calendar year. Annual licenses must be applied for each calendar year and are subject to administrative review, modification (if necessary), and approval. Annual mobile vendor licenses expire at the end of the calendar year.

(c)

Applications. All applications for licensing of a mobile vending unit will include:

(1)

If applicable, the license plate number of the mobile vending unit and copy of current registration.

(2)

Color photograph(s) of the mobile vending unit.

(3)

Contact information for the responsible mobile vendor.

(4)

Other information as required by the city department licensing the unit.

(d)

Inspection. All mobile vending units will be subject to inspection by the City of Sturgis prior to or during the first operation of the calendar year in the City of Sturgis and periodically as determined by the city.

(e)

Food vending unit licensing. All food vending units selling food and/or drinks which are not prepackaged shall provide proof of all necessary health department permits prior to receiving a license.

(f)

Insurance. All mobile vending units that are licensed by the State of Michigan as a motor vehicle or trailer shall be required to maintain a policy of automobile liability insurance coverage issued by a company authorized to do business in the State of Michigan. The coverage must be maintained during all events in the City of Sturgis. Proof of insurance must be provided prior to a mobile vending unit being licensed.

(Ord. of 9-23-2019)

Use of a certified mobile vending unit site does not require a layout plan; vendors must notify the city 24 hours in advance if intending to use a certified mobile vending unit site. Certified mobile vending unit sites are established by the city commission and a list is available at Sturgis City Hall. All certified mobile vending unit sites are first come, first serve. All other proposed locations for a mobile vending unit require a layout plan.

(a)

Layout plan types. A vendor can choose to submit either a single use or multiple use layout plan. A multiple use layout plan is applicable to a single site and the vendor layout must be maintained from use to use. Changes to the layout of a multiple use layout plan can be applied for without charge, but are subject to approval of the city.

(b)

Layout plan elements. A layout plan will be filed with the city and contain the location of the mobile vending unit on the property and the location of other elements not attached to the mobile vending unit.

(c)

Layout plan requirements. The layout plan will be reviewed by the city to determine conformity with the standards below. These requirements, except for (2) may be waived for a permitted event or with approval of city staff.

(1)

A mobile vending unit must be not less than 20 feet away from any residential use.

(2)

A mobile vending unit must be not less than 50 feet from flammable combustible liquid or gas storage and dispensing structures.

(3)

A mobile vending unit may not be located where it would provide an obstruction to corner clearance or site lines for exiting a private driveway.

(4)

A mobile vending unit may not obstruct or cause to be obstructed the passage of any sidewalk, street, alley or any other public right-of-way.

(5)

A mobile vending unit must be not less than ten feet from any building or structure.

(Ord. of 9-23-2019)

All operations by a licensed mobile vendor are required to follow the below regulations.

(a)

Mobile vending unit requirements.

(1)

All mobile vending units shall be equipped with at least one 2A-40 BC fire extinguisher unless waived by the city fire marshall.

(2)

All food vending units shall display their license from the health department in a visible location.

(3)

If utilized, generators must be attached to the mobile vending unit and comply with the city's noise ordinance.

(4)

All mobile vending units must be operated by a mobile vendor licensed by the City of Sturgis.

(b)

Signage and solicitation.

(1)

Signage permitted for mobile vendor operations shall include the following:

i.

Signage which can be contained on the mobile vending unit.

ii.

One unattached sign, no greater than 12 square feet per side.

(2)

No form of solicitation other that signage allowed under subsection (b)(1) will be permitted.

(c)

Lighting.

(1)

All lighting must be attached to the mobile vending unit.

(2)

No lighting shall be permitted to shine on or into any public right-of-way or other private property, or cause any glare that could be considered a public hazard, or distraction to vehicular movement, neighboring business operations, or residential uses.

(3)

No flashing or strobe lighting shall be permitted.

(d)

Site considerations.

(1)

If a mobile vending unit is located in an on-street parking space, service must be provided to customers through the side of the vehicle at the sidewalk only.

(2)

No portion of a mobile vending unit's approved layout shall be left overnight upon any public street, lot, or site within the City of Sturgis.

i.

Fully enclosed mobile vending units may be allowed overnight in a location for not more than 12 hours between periods of operation with special permission of the City of Sturgis.

ii.

For vendors operating on private property, inventory or equipment may be left overnight if it is secured and the vendor has the property owner's permission.

(3)

During an event approved by the city, any mobile vendor not approved for the event shall locate their operation closer than 200 feet to the event without the written permission of the event organizers.

(e)

Trash and rubbish. All vendors will provide a garbage receptacle at their site of business for customer use. After business activities, the vendor shall clean all debris, trash, trash bags and litter generated by the vendor's business activities.

(f)

Merchandise. All merchandise, goods, wares or food shall only be displayed or offered for sale from the mobile vending unit, unless there is a permitted alternative area of sale.

(Ord. of 9-23-2019)

(a)

Certified mobile vending unit sites. Licensed mobile vending units will be allowed to locate at certified mobile vending unit sites as established by the city commission upon notification at least 24 hours in advance. Sites will be available on a first come, first serve basis.

(b)

Other public sites for mobile vending units. Mobile vending units will be allowed to operate at other public sites with approval from the Sturgis City Commission.

(c)

Private site for mobile vending units.

(1)

A mobile vending unit will not be allowed in residential zoned districts (R-1, R-2, R-3, R-4 or R-5) or a residential use property unless in a certified mobile vending unit site, as approved by the city commission, or operating as a catering activity.

(2)

Mobile vending units will be allowed to operate on private sites in all non-residential zoned districts, except as specified in section 18-54(c)(1), with written agreement from the property owner. This agreement should contain the dates and times allowed for operation by the property owner and be provided to the city.

(d)

Emergencies, construction, and special circumstances. If any area approved for mobile vending is closed for an emergency, construction or other special circumstances, no mobile vendors will be allowed to set up in the closed area. The city will notify permitted participants of special circumstances that would close an area where they are typically allowed to locate.

(Ord. of 9-23-2019)

No mobile vendor operations shall take place outside of the following hours without approval from the city. Setup and tear-down may be completed one hour prior to beginning of operating hours or one hour following operating hours.

Sunday: 8:00 a.m.—8:00 p.m.

Monday—Thursday: 8:00 a.m.—10:00 p.m.

Friday—Saturday: 8:00 a.m.—11:00 p.m.

(Ord. of 9-23-2019)

It shall be unlawful for any person to peddle or solicit between 9:00 p.m. and 8:00 a.m. of the following day.

(Ord. of 9-23-2019)

It shall be unlawful for any peddler or solicitor or any person pretending to be a peddler or solicitor, for the purpose of peddling or soliciting or pretending to peddle or solicit to ring the bell or knock at any building whereon there is painted, affixed or otherwise displayed to public view any sign containing any or all of the following words, to wit:

"No peddlers," "No solicitors" or "No agents" or which otherwise purports to prohibit peddling or soliciting on the premises.

(Ord. of 9-23-2019)

The following are exceptions from the provisions of this article entirely or as specified in this section.

(a)

Solicitors, peddlers, or transient merchants that are growers or producers of food selling unprocessed products which are primarily of their own production, and sellers of food required to be licensed by the state pursuant to the Food Law of 2000 (MCL 289.1101 et seq.)

(b)

Solicitors affiliated with a religious, charitable, school, educational, veteran's, or character-building associations which are licensed to solicit by the state attorney general under Public Act No. 169 of 1975 (MCL 400.271 et seq.).

(c)

Solicitors affiliated with fraternal, service, or school-sponsored organizations having established local chapters.

(d)

Solicitors or peddlers invited or otherwise scheduled by property owners to solicit or peddle at their property.

(e)

Solicitors, peddlers, transient merchants, or mobile vendors approved by the city commission or city manager individually or as part of an event are exempt except as specified in this subsection. If part of an event, vendors may be authorized by the organization or individual(s) sponsoring the event.

(1)

In reviewing a request for exemption from the licensing requirement of this article, the city shall consider the following:

i.

The sponsoring of an event by an established business or organization.

ii.

The regular or periodic scheduling of an event.

iii.

The ability of an event sponsor to provide appropriate supervision and control over an event.

iv.

Such other factors as shall promote and protect the interests of the residents of the city.

(2)

Temporary businesses exempt under this section may be required to do the following:

i.

Provide general liability insurance with such limitations as the city attorney approves. Proof of insurance, showing that the insurance is in force, shall be filed with the city prior to the approved event. Termination or alteration of the policy without approval of the city shall constitute grounds for cancellation of the event.

ii.

Mobile vendors are required to have a mobile vending unit license and have an approved layout plan for their location. One-time fees for these licenses will be waived.

(e)

Mobile vendors engaging in a catering activity. If, however, a mobile vending unit engaging in a catering activity wishes to locate on public property, it must receive approval from the city.

(f)

Mobile vendors operating at private sales areas.

(g)

Mobile vendors contracted with a registered Sturgis-based 501c nonprofit organization for the purpose of fundraising for that organization.

(Ord. of 9-23-2019)

(a)

Suspension or revocation of licenses. Any license issued under this article may be suspended or revoked by the city for any of the following causes:

(1)

Fraud, misrepresentation, or any false statement contained in the application for the license.

(2)

Any violation by the licensee, or by the person having management and supervision of the licensee's business within the city, of this article, or of any other city ordinance.

(3)

Conviction of the licensee of any felony or any crime involving moral turpitude.

(4)

For mobile vendors:

i.

The conditions under which the mobile vending unit is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity, and the vendor fails to correct such conditions after notification by a city official.

ii.

The use is operated in violation of the approved layout plan, the provisions of this article, or any other applicable law.

iii.

A vendor is found to be discharging pollutants including waste/grease, liquids wastes, gray water garbage/debris, and other materials to the city's storm drainage.

(b)

Hearing. The decision of the city to deny, suspend or revoke a license may be appealed upon written request of an applicant or licensee. A licensee shall cease conducting business pending the hearing of the appeal.

(1)

A hearing to review the decision shall be scheduled not later than the next regular city commission. Written notice of the date, time, and place of the hearing shall be sent by the city clerk-treasurer to the applicant or licensee not less than five days prior thereto. The notice will be sent to the applicant's or licensee's address contained in the application.

(2)

The hearing shall be conducted by a panel consisting of the city manager or his designee, the public safety director or his designee, and a representative of the city commission appointed by the mayor.

(3)

At the hearing, the applicant or licensee may present evidence, and may be represented by legal counsel.

(4)

If, as the result of a hearing the panel chooses to revoke a license or uphold a denial or revocation of a license, the applicant or licensee shall be forever precluded from doing business in the city under this article.

(Ord. of 9-23-2019)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Taxicab means any motor vehicle with accommodation for not more than seven persons, engaged in the business of carrying passengers for hire.

(Code 1969, § 115.01(B))

Cross reference— Definitions generally, § 1-2.

Unless provided otherwise by law or in this article, violations of this article are a municipal civil infraction.

(Ord. of 7-25-2001(2), § 4.09)

The transportation of persons for hire by means of taxicabs is a matter closely affecting the public interest and welfare. The health, safety, and welfare of the people of the city require that taxicab drivers be persons of good character and that the taxicab itself be in sound and safe condition.

(Code 1969, § 115.01(A))

The city manager, with the approval of the city commission, may adopt such additional rules and regulations as may be necessary for the health, safety, and welfare of the citizens.

(Code 1969, § 115.05(H))

The city commission shall have power by resolution to limit the number of taxicabs licensed to operate within the city to such number as shall be deemed by it to be in the interest of public safety and welfare.

(Code 1969, § 115.05(C))

The city commission shall have the power, by resolution, to fix a schedule of rates of fare for all licensed taxicabs within the city. Such rates shall be publicly displayed on each licensed taxicab.

(Code 1969, § 115.05(D))

It shall be unlawful for any person owning or operating a taxicab for hire to:

(1)

Drink any intoxicating liquor while transporting passengers;

(2)

Allow the use of a taxicab for immoral purposes; or

(3)

For any owner to cease to operate any taxicab for a period of 30 consecutive days without having obtained permission for cessation of such operation from the city commission.

(Code 1969, § 115.05(E))

Taxicab drivers shall be clean in dress and in person at all times while operating a taxicab. Waiting rooms used by the taxi licensee shall be kept clean, sanitary and well-lighted during the hours the rooms are open to the public.

(Code 1969, § 115.05(F))

All vehicles licensed under this article shall be kept in good repair, mechanical order, and in a clean and sanitary condition. The police chief may examine or cause to be examined all licensed taxicabs for the purpose of ensuring compliance with this section. Any taxicab found to be not in compliance with this section may be ordered out of service. Before being placed back in service, the taxicab must pass an inspection by the police department.

(Code 1969, § 115.05(A))

The city manager, subject to approval of the city commission, shall designate all public stands.

(Code 1969, § 115.05(G))

All lost articles found in taxicabs shall be turned over to the police department within 24 hours, unless the property is claimed by the owner.

(Code 1969, § 115.05(B))

(a)

Any person desiring to operate a taxicab upon the streets of the city must obtain a permit therefor from the chief of police.

(b)

All applicants for a taxicab driver's permit must:

(1)

Possess a certificate of registration as a licensed chauffeur under the laws of the state.

(2)

Have no physical infirmities which would prohibit the safe operation of a taxicab.

(c)

In determining compliance with this section, the chief of police shall investigate the applicant and require a physical examination and a test of ability and knowledge in the operation of a motor vehicle.

(d)

The chief of police shall require any person applying for a permit to submit to a drug test administered by an agency approved by the chief and shall deny the permit if the person tests positive for the use of illegal drugs. The chief of police may reject any applicant for a taxicab driver's permit who is a drug addict, an alcoholic, or has been convicted of a felony, driving under the influence of liquor, or reckless driving.

(e)

A charge in the an amount established by resolution shall be made for each driver's permit issued or renewed.

(Code 1969, § 115.02)

(a)

It shall be unlawful for any person, firm, or corporation to operate any taxicab within the corporate limits of the city without obtaining a license therefor.

(b)

An application for such license must be obtained from the city clerk-treasurer upon blanks to be furnished by him. Such application shall contain the full name and address of the owner, and a complete description of the vehicle for which a license is desired. Applicants shall pay a fee in the amount established by resolution into the city treasury for each taxicab for which a license is issued or renewed.

(c)

No license shall be issued for any vehicle unless such vehicle has been inspected and tested by the police department, and found to be in good repair, mechanical order, and in a clean and sanitary condition.

(d)

No license shall be issued for any vehicle without satisfactory evidence of a policy of liability insurance. Each taxicab shall be provided with insurance for bodily injury liability in the minimum amount of $100,000.00 for each person, and $300,000.00 for each accident, and property damage liability in the minimum amount of $25,000.00 for each accident. Such insurance must remain in full force during the entire period of time for which the license is granted.

(Code 1969, § 115.03)

All licenses and permits issued pursuant to this chapter shall remain in full force and effect until January 1, of the following year.

(Code 1969, § 115.04)

A violation of any of the provisions of this article, or of chapter 58 of this Code, or of the state statutes, shall be sufficient grounds for the revocation of any license or permit issued hereunder and shall be considered sufficient ground for the refusal to grant a license or permit in the first instance; provided, that the person may appeal to the city commission within 30 days from the date of such refusal to grant or revocation, and the action of the city commission thereon shall be final.

(Code 1969, § 115.06)