Municipal Code

CHAPTER 810 Licensing in General

810.01 Purpose.
810.02 Application of chapter.
810.03 Definitions.
810.04 License required.
810.05 State licensed businesses.
810.06 License applications.
810.07 License contents.
810.08 License year and fee.
810.09 License renewal.
810.10 Display of license.
810.11 Transferability of licenses.
810.12 Clerk's certificate of zoning compliance.
810.13 Suspension, revocation, non-renewal and denial of licenses.
810.14 Appeal procedure.
810.15 Violations.
810.99 Penalty.
CROSS REFERENCES
Coordinated collection of State license fees - see M.C.L.A. 205.1
Liability insurance for municipalities - see M.C.L.A. 691.1409
Licensing generally - see CHTR. Ch. II, §(8), (9)
Review expenses - see ADM. Ch. 210
Licensing of dogs - see GEN. OFF. 612.09

810.01 PURPOSE.
The intent and purpose of this chapter is to safeguard the health, safety and welfare of the citizens of Franklin.
(Ord. 130. Passed 10 10 77.)

810.02 APPLICATION OF CHAPTER.
The provisions of this chapter shall apply to the licensing of all trades, professions, businesses or privileges regulated by these Codified Ordinances unless provision is otherwise expressly made for licensing and/or the incidents thereof in the chapter wherein the trade, profession, business or privilege is regulated. In the event of conflict between any of the provisions of this chapter and any of the provisions of any other chapter of these Codified Ordinances, wherein a trade, profession, business or privilege is regulated, the provision of the other chapter shall prevail.

810.03 DEFINITIONS.
As used in this chapter:
(a) "Cause" means the doing or omitting of any act, or permitting any condition to exist, in connection with any trade, profession or business for which a license is granted under this chapter, or upon any premises or facilities used in connection therewith, which act, omission or condition is:
(1) Contrary to the health, morals, safety or welfare of the public;
(2) Unlawful or fraudulent in nature;
(3) Unauthorized or beyond the scope of the license or permit granted; or
(4) Prohibited by any ordinance of the Village or any State or Federal law applicable to the trade, profession or business for which the license had been granted.
(b) "License" or "licensee" includes, respectively, "permit" or "Permittee" or any similar privilege of the holder for any use or period of time of any similar privilege.
(c) "Person" includes individual persons, acting for or on behalf of themselves or others, partnerships, corporations, joint ventures and all other kinds of business associations.
(Ord. 130. Passed 10 10 77.)

810.04 LICENSE REQUIRED.
No person shall conduct, operate or carry on any trade, business or profession within the Village of Franklin without first obtaining a license therefor from the Village as provided in this chapter.
(Ord. 130. Passed 10 10 77.)

810.05 STATE LICENSED BUSINESSES.
The fact that a license or permit has been granted to any person by the State of Michigan to engage in the conduct, operation or carrying on of any trade, profession or business shall not exempt such person from the necessity of securing a license from the Village.
(Ord. 130. Passed 10 10 77.)

810.06 LICENSE APPLICATIONS.
Application for Village licenses shall be made to, and upon forms provided by, the Village Clerk. If the applicant is an individual person, he or she shall state, under oath or affirmation, such facts as may be required for or are applicable to the granting of said license. In the case of a partnership or other unincorporated business association, such oath or affirmation shall be made by a duly authorized partner. If the applicant is a corporation or similar business association, the oath or affirmation shall be made by a duly authorized officer of the same.
(Ord. 130. Passed 10 10 77.)

810.07 LICENSE CONTENTS.
Each license shall state the name of the licensee, full and complete disclosure in specific terms of the scope and nature of the trade, profession or business to be engaged in, the business and home addresses of the licensee and the dates of issuance and expiration of the license.
(Ord. 130. Passed 10 10 77.)

810.08 LICENSE YEAR AND FEE.
The license year shall begin on December 1 and shall terminate at 12:00 midnight on November 30 of the following year, provided, however, that where licenses are issued after December 1, the license period shall begin from the date of issuance and shall terminate at 12:00 midnight on the following November 30. The license fee shall be ten ($10.00) dollars.
(Ord. 130. Passed 10 10 77.)

810.09 LICENSE RENEWAL.
An application for renewal of a license shall be considered in the same manner as an original application.
(Ord. 130. Passed 10 10 77.)

810.10 DISPLAY OF LICENSE.
The license issued shall be posted conspicuously at the location wherein the activity licensed shall be conducted.
(Ord. 130. Passed 10 10 77.)

810.11 TRANSFERABILITY OF LICENSES.
All licenses issued under this chapter shall be non-transferable. Upon the transfer of ownership of any profession, trade or business, the new owner shall obtain a license as herein provided and pay the required license fee.
(Ord. 130. Passed 10 10 77.)

810.12 CLERK'S CERTIFICATE OF ZONING COMPLIANCE.
No license shall be issued until the Village Clerk shall certify that the proposed use is not prohibited by the zoning regulations of the Village.
(Res. 89 189. Passed 9 27 89.)

810.13 SUSPENSION, REVOCATION, NON-RENEWAL AND DENIAL OF LICENSES.
For cause shown, any license issued hereunder may be suspended, revoked or not renewed by the Police Chief after notice in writing detailing the reasons for the action taken. Notice of suspension, revocation and/or non-renewal shall be served on the licensee. However, in the event the licensee cannot be located after reasonable search, then such notice shall be sent via registered mail to the last known home or business address of such person and a copy of the notice shall be posted in a conspicuous place on the premises. Such procedure shall be deemed the equivalent of personal notice. Notice of denial of an original license application will be served on the applicant either personally or via registered mail to the last known home or business address of said applicant, which procedure shall be deemed the equivalent of personal notice.
(Ord. 130. Passed 10 10 77.)

810.14 APPEAL PROCEDURE.
(a) The denial of an original license application for cause, or the suspension, revocation or non-renewal for cause of any license previously granted by the Village, may be appealed in the following manner:
(1) The appeal shall be filed within ten days after notice of suspension, revocation, non-renewal or denial has been served as per Section 810.13.
(2) The appeal shall be in writing and shall contain a complete statement of the grounds for appeal. It shall be filed with the Village Clerk.
(3) The Village Council shall set a time and place for a hearing on said appeal, which hearing shall commence no later than thirty days after the filing of an appeal.
(4) The appealing party shall have an effective opportunity to protest the suspension, revocation, non-renewal or denial by confronting any adverse witnesses and by being allowed to present witnesses, evidence and arguments.
(5) The Village Council shall serve as hearing examiner and shall issue a written statement of findings within thirty days after conclusion of hearings. Village Council action shall be by majority vote.

(b) Hearings may be conducted in private upon mutual agreement of the appealing party and the Village Council.
(Ord. 130. Passed 10 10 77.)

810.15 VIOLATIONS.
No person shall conduct, operate or carry on any trade, business or profession without a license and no licensee shall either continue to conduct, operate or carry on any trade, business or profession subsequent to the revocation, suspension or non-renewal of a previously granted license having been affirmed by the Village Council via the appeal procedure or subsequent to revocation, suspension or non-renewal of a previously granted license in the event no appeal is timely filed.
(Ord. 130. Passed 10 10 77.)

810.99 PENALTY.
(EDITOR'S NOTE: See Section 202.99 for general Code penalty if no specific penalty is provided.)