Ordinance No. 1058
WHEREAS, the registration and licensing of all businesses operating within the corporate boundaries of the Town of Speedway, Indiana (the "Town") is necessary to regulate the operation of businesses, crafts, professions, and occupations within the Town, pursuant to Indiana Code § 36-8-2-10, and which thereby provides for the safety of the public, the protection of public morals, the protection of public health, and the protection of the property rights of the citizens of the Town; and
WHEREAS, the establishment of certain standards for the disclosure of information relative to businesses, commercial and industrial activities, conducted within the corporate limits of the Town, is necessary to effectively regulate the operation of businesses, crafts, professions, and occupations within the Town; and
WHEREAS, pursuant to Indiana Code § 36-1-3, the Town Council (the "Town Council") of the Town has the authority and responsibility to provide for the public health and welfare of all its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SPEEDWAY, INDIANA, as follows:
SECTION 1. Title 5 of the Speedway Municipal Code (the "Code") is hereby amended by the addition of the new Chapter 5.02 to read as follows:
"Chapter 5.02 Registration and Licensing of Businesses.
5.02.005 Scope and Declaration of Purpose.
The Town Council hereby declares that the registration and licensing of all businesses within the Town boundaries is necessary for the safety of the public, the protection of public morals, the protection of public health, and the protection of the property rights of the citizens of the Town, and that certain standards be set for the disclosure of information relative to business, commercial, and industrial activities conducted within the corporate limits of the Town.
A business will be considered as operating within the corporate boundaries of the Town if said business maintains, operates or conducts its business from an office, branch, factory, facility, store or other site physically located within the Town boundaries, either permanent or temporary.
5.02.010 Definitions.
For purposes of this chapter, the following terms shall have the meaning set forth herein.
(a) "Applicant" shall mean the person or entity who makes an application for a license under this chapter.
(b) "Clerk-Treasurer" shall mean the person elected to serve as the Town clerk and the Town fiscal officer, pursuant to I.C. 36-5-6, or any deputy or employee appointed by the Clerk-Treasurer with the approval of the Town Council, pursuant to I.C. 36-5-6-7 and section 2.16.030 of the Speedway Municipal Code.
(c) "Code Enforcement Officer" shall mean an officer specifically designated by the Town of Speedway to enforce the Speedway Municipal Code and the Consolidated City and County Code, to the extent that the Consolidated City and County Code applies within the corporate boundaries of the Town.
(d) "License" shall mean a Speedway Business License issued by the Town pursuant to this chapter.
(e) "Licensee" shall mean a person or entity who has already been granted a Speedway Business License pursuant to this chapter.
(f) "Nuisance" shall mean a condition, conduct, or activity on real property that is:(1) injurious to health;
(2) indecent;
(3) offensive to the senses; or
(4) an obstruction to the free use of property; so as essentially to interfere with the comfortable enjoyment of life or property.
(g) "Registrant" shall mean a person or entity required to register under section 5.02.020, and who is exempt from the licensing requirements of the Town because they are licensed and regulated by state or national regulations.
(h) "Registration" shall mean the process by which registrants are required to register their business, business activity, occupation, or commercial establishments pursuant to section 5.02.020.
(i) "Town Manager" shall mean the individual responsible to the Town Council for the proper administration of all the affairs and administrative duties of the town acting pursuant to Chapter 2.08.110 of the Code and Indiana Code § IC 36-5-5, or such agent designated by the Town Manager to perform any of his/her duties.
5.02.015 Business license required; licensing and inspection fees; renewal of license.
(a) Any person operating any business, commercial, or industrial activity, occupation or activity related thereto or engaging in any other activity or occupation, whether or not for profit, within the Town, shall obtain a Speedway Business License and display the license visibly on the premises.
(b) An application for a license required by this chapter shall be filed within sixty (60) days following the effective date of this ordinance, or within thirty (30) days following the date any person commences to operate any business, commercial, or industrial activity, occupation or activity related thereto within the Town.
(c) Each license issued by the Town Manager, or his or her designee, pursuant to this section shall be valid for one (1) year from the date of issuance. A license issued pursuant to this section is renewable on or before the expiration of such license, and all renewal licenses shall be dated on, or as of, the date the license would have otherwise expired.
(d) Each applicant or licensee shall pay an annual fee of fifty dollars ($50.00), payable upon application, and thereafter annually on or before the expiration date of such license.
(e) Where an inspection is required pursuant to this chapter, an additional fee of the greater of fifty dollars ($50.00) or the actual time and expense of conducting the inspection shall be paid before a license may be issued.
(f) A license issued under this chapter shall be automatically renewed by the Town Manager and without application for renewal by the licensee, subject to:
(1) payment of the annual fee to the Clerk-Treasurer as required by Chapter 5.02.015(d); and
(2) a determination by the Town Manager that the licensee is still in compliance with Chapter 5.02.030, Chapter 5.02.050, Chapter 5.02.055, and any other applicable provisions of the Code.
(g) However, notwithstanding the preceding subsection, a license shall not be automatically renewed by the Town Manager if the Town Manager determines that any of the following exist:
(1) the license at the time of renewal has been revoked or suspended;
(2) any material information contained in the license application pursuant to Section 5.02.030 is no longer correct; or
(3) any of the conditions or events set forth under Chapter 5.02.050 or Chapter 5.02.055 has occurred or exists at the time of renewal.
(h) If a licensee has already submitted the annual fee for the renewal of such license and the Town Manager subsequently determines that a license should not be automatically renewed under subsection (g), then the Town shall retain twenty dollars ($20) of the annual fee paid for the purpose of defraying the costs of reviewing a licensee's compliance with the Code and all license requirements. The remainder of the annual fee paid shall be returned to the licensee whose license renewal was denied.
(i) All fees shall be payable to the Clerk-Treasurer for deposit into the general fund.
5.02.020 Registration of businesses exempt from licensing; registration fee.
(a) All businesses, business activities, occupations or commercial establishments which are exempt from the licensing requirements of the Town, because they are licensed and regulated by state or national regulations, shall nevertheless be required to annually register with the Town.
(b) All registration forms shall be submitted to the Clerk-Treasurer on forms prescribed by the Town Manager and maintained on file in the Clerk-Treasurer's Office. Upon receipt of a registration form, the Clerk-Treasurer shall forward such form to the Town Manager for his or her review, in accordance with this chapter.
(c) A registration form required for an effective registration under this section shall be filed within sixty (60) days following the effective date of this ordinance, or within thirty (30) days following the date any person commences to maintain, operate or conduct any business, commercial, or industrial activity, occupation or activity related thereto within the Town, and such enterprise is licensed and regulated by state or national regulations.
(d) Such forms shall require information including:
(1) Location;
(2) Nature and extent of such business, business activity, occupation, or commercial establishment;
(3) Proof that the business, business activity, occupation, or commercial establishment is licensed and regulated by state or national regulations.
The form requesting such information shall constitute a registration only.
(e) Each business, business activity, occupation or commercial establishment required to register pursuant to this section shall pay an annual registration fee of fifty dollars ($50.00) to cover administrative costs and expenses incurred by the Town, payable upon registration, and thereafter on or before the expiration date of the registration certificate.
(f) Upon receipt of the completed registration form and the required registration fee, the Town Manager shall issue a registration certificate to the registrant, and such registration will be valid for a one (1) year period from the date of issuance. A registration certificate issued pursuant to this section is renewable on or before the expiration of such registration certificate, and all renewal registrations shall be dated on, or as of, the date the registration certificate would have otherwise expired.
(g) The registration fee shall be payable to the Clerk-Treasurer for deposit into the general fund.
5.02.025 Exemption for Businesses Licensed or Permitted Under Other Provisions of the Code.
Any person maintaining, operating or conducting any business, commercial, or industrial activity, occupation or activity related thereto or engaging in any other activity or occupation, is exempt from the requirement of obtaining a Speedway Business License under this chapter, if that person has obtained a license or permit under another provision of the Code, including, but not limited to, the following:
(a) Section 5.04.010 requiring a license for the conduct of a temporary business.
(b) Section 5.08.010 requiring a license for the operation of pool or billiard tables for profit.
(c) Section 5.12.020 requiring a license for the operation of a taxicab.
(d) Section 5.12.025 requiring a license for taxicab operators.
(e) Section 5.20.010 requiring a license for the operation of a junkyard.
(f) Section 5.24.010 requiring a license for the operation of parking lots during the "Indianapolis 500" or the "Brickyard 400."
(g) Section 5.28.010 requiring a license for sporting events, festivals, or concerts.
(h) Section 5.30.030 requiring a license for the operation of hotels, motels, and placing of public lodging.
(i) Section 5.32.020 requiring a license for the operation of bathhouses, massage establishments, and adult entertainment establishments.
(j) Section 5.36.080 requiring a license for the operation of an alarm systems business.
(k) Section 5.48.030 requiring a license for Landlords operating rental housing within the Town.
5.02.030 Licensing applications; contents; issuance.
(a) All applications for licenses under this chapter shall be made to the Clerk-Treasurer on forms prescribed by the Town Manager and maintained on file in the Clerk-Treasurer's Office. Upon receipt of an application, the Clerk-Treasurer shall forward such application to the Town Manager for his or her review, in accordance with this chapter.
(b) Each application for a license shall state, under oath, and include the following information:
(1) the name of the applicant;
(2) the address and telephone number of the applicant;
(3) the name and address of the business, and any previous location or location change of the business within the past two (2) years;
(4) the telephone number of the applicant;
(5) the state of incorporation (where applicable);
(6) if the applicant is a corporation, a certificate from the Secretary of State of Indiana certifying that the applicant is a corporation in good standing under the laws of the State and is certified to do business in the State;
(7) the names of on site managers, operators, or corporate officers and their home addresses and telephone numbers (where applicable);
(8) the resident agent and principal office of the corporation (where applicable);
(9) the length of time the business has been in the Town;
(10) the location, land area, and the building size of the business premises;
(11) the type and character of the business;
(12) the materials and processes, if any, used in the business;
(13) the number of employees and others who will occupy the premises;
(14) whether all Town, county, and state taxes have been paid annually;
(15) a statement that the applicant agrees to conduct, maintain, and supervise the business and its premises so as to not create a nuisance, or permit conduct or activity at the business or on its premises that endangers the public health or welfare;
(16) a statement that any previous applications under this chapter filed by the applicant with the town are accurate to the applicant's knowledge, and do not contain any material omissions and/or materially false or misleading information; and
(17) such additional information as may be needed for the proper guidance of the Town officials in the issuance of the licenses.
(c) Upon receipt of a completed application, the payment of the annual fee, a favorable inspection report, if required by the Town Manager, and review of the application, the Town Manager, or his or her designee, may issue a Speedway Business License to an applicant.
5.02.035 Forms; Annual Fee for Licenses.
(a) Forms for all licenses and registrations required by this chapter shall be prepared by the Town Manager, and kept on file in the Clerk-Treasurer's office. No license shall be issued and no registration shall be deemed effective unless and until all information sought in the license application or registration form is provided.
(b) All applications for a Speedway Business License submitted by an applicant to the Town Manager under this title shall be accompanied by an annual fee of fifty dollars ($50.00), twenty dollars ($20.00) of which represents a non-refundable application fee for the purpose defraying the costs of reviewing the application and ensuring an applicant's compliance with the Code, and thirty dollars ($30.00) of which represents the Speedway Business License fee.
5.02.040 Procedure; Request for Inspections.
(a) Following the receipt of an application for a license under this chapter, if the Town Manager, Code Enforcement Officer or Building Commissioner determine that hazardous materials or other safety or planning concerns require an inspection by the fire, police, Code Enforcement Officer, and/or Building Commissioner prior to the issuance of such license, the Town Manager shall refer such application to the proper office for making such inspection within thirty (30) days of the time of such receipt.
(b) The officer with the department charged with the duty of making an inspection shall make a report thereon, favorable or otherwise, to the Town Manager within ten (10) days after receiving the application or a copy thereof from the Town Manager requesting the inspection.
5.02.045 Inspections.
(a) Whenever an inspection is required in connection with premises used for or in the operation of a business, business activity, occupation or commercial establishment for which a license or permit is required, or is reasonably necessary to secure compliance with any ordinance or to detect violations thereof, or to determine whether a license shall be issued, it shall be the duty of the applicant, the licensee or the person in charge of the subject premises to admit thereto any officer or employee of the Town who is authorized or directed to make such inspection at any reasonable time that admission is requested.
(b) Whenever any analysis of any commodity or material is reasonably necessary to secure conformance with any ordinance provision or to detect violations thereof, it shall be the duty of the applicant, the licensee or the permittee whose business is governed by these provisions to give any authorized officer or employee of the Town, requesting the same, sufficient samples of such material or commodity for such analysis upon request.
(c) In addition to any other penalty which may be provided, the officer with the department charged with the duty of making an inspection under this chapter may recommend that the Town Manager either:
(1) deny an application for a license under this chapter by an applicant who refuses to permit any such officer or employee who is authorized to make such inspection or take such sample to make the inspection or take any adequate sample of such commodity or who interferes with such officer or employee while in the performance of his duty in making such inspection; or
(2) suspend or revoke the license of any licensee in the Town who refuses to permit any such officer or employee who is authorized to make such inspection or take such sample to make the inspection or take any adequate sample of such commodity or who interferes with such officer or employee while in the performance of his duty in making such inspection; provided that no license shall be suspended or revoked for such cause unless written demand is made upon the licensee or person in charge of the premises, in the name of the Town, stating that such inspection or sample is required at the time it is sought to make the inspection or to obtain the sample.
(d) Failure of an applicant or licensee to allow inspection or provide the sample material within five (5) days of said written demand shall be cause for denial of such application, or suspension or revocation of such license.
5.02.050 Grounds for Denial of License Application.
(a) Prior to issuing any license pursuant to this chapter, the Town Manager shall investigate, as determined by the Town Manager, the character of the applicant and the officers, directors and managers of the business if it is a corporation.
(b) Following the investigation, the Town Manager may deny an application for a license under this article if he/she determines that any of the following events has occurred or conditions exists:
(1) The applicant has failed to provide all the information requested by the application pursuant Chapter 5.02.030(b);
(2) The applicant has failed to pay all the required fees pursuant to Chapter 5.02.015(d);
(3) The officer with the department charged with the duty of making an inspection pursuant to Chapter 5.02.040 has made a report to the Town Manager recommending that a business not be licensed under this title;
(4) The applicant has refused to permit inspection of the business, the business premises, or a commodity or material located on the business premises, by public authorities acting pursuant to law;
(5) If applicant is a non-natural person, the applicant is not organized under the laws of the State of Indiana, not controlled by the laws of the State of Indiana, or is not authorized and qualified to engage in business in the State of Indiana;
(6) The applicant or any person having a financial interest in the applicant or associated premises have previously been connected with any business where the license therefore has been revoked or any of the provisions of the law applicable to the establishments have been violated and not remedied after notice by the Town;
(7) The applicant, any person having a financial interest in the applicant or associated premises, or an employee of the applicant has previously been convicted of a felony in connection with the operation of said business;
(8) The business and/or its premises are conducted, maintained, or supervised in such a manner as to create a nuisance, or a threat to the public health or general welfare;
(9) The applicant, any person having a financial interest in the applicant or associated premises, or an employee of the applicant has been deemed to be aiding, abetting, encouraging, permitting, harboring, or engaged in criminal conduct or criminal activities at the business or on its premises;
(10) The applicant or any person having a financial interest in the applicant or associated premises has previously filed an application with the Town for a license under this article, and that such application contained material omissions and/or materially false or misleading information; or
(11) The applicant, any person having a financial interest in the applicant or associated premises, or the business and/or the premises sought to be so licensed has failed to comply in any manner with any town ordinances, or state law applicable thereto, in addition to any provision of the revised code of the Consolidated City and County, Indianapolis/Marion County, Indiana (the "Consolidated City Code") and the revised code of the Health and Hospital Corporation of Marion County (the "Health and Hospital Code"), to the extent that the Consolidated City Code and the Health and Hospital Code apply within the corporate boundaries of the town.
(c) If the application is denied by the Town Manager, the applicant shall be notified in writing of the reasons for the rejection and shall have the right to appeal this decision to the Town Council, as provided by section 5.02.060 herein.
(d) Upon denial of an application, the Town Manager shall retain twenty dollars ($20) of the annual fee paid for the purpose of defraying the Town Manager's cost of reviewing a licensee's compliance with the Code. The remainder of the annual fee submitted with the application shall be returned to the applicant whose application was denied.
5.02.055 Grounds for Suspension or Revocation of License or Registration.
(a) If a license or registration is suspended or revoked, the licensee or registrant shall be required to pay a reinstatement fee of twenty-five dollars ($25.00) before such license or registration is reinstated by the Town Manager.
(b) A license or registration issued under this article may be suspended by the Town Manager if he/she determines that any of the following events has occurred or conditions exists:
(1) The licensee or registrant has failed to pay the annual fee required by section 5.02.015 or section 5.02.020 for the renewal of such license or registration;
(2) The licensee or registrant fails to provide the Town Manager with any additions, corrections, or changes to the information provided in the license application within thirty (30) days of such additions, corrections, or changes;
(3) The licensee has failed to permit inspection of the business premises, or a commodity or material located on the business premises, by public authorities acting pursuant to law;
(4) The licensee or registrant fails to keep the business and its premises clean and free from any sort of rubbish, combustible or explosive material, or any other conditions injurious to public health and the general welfare;
(5) If the licensee or registrant is a non-natural person, the licensee or registrant is no longer in good standing under the laws of the State of Indiana, or is no longer authorized and qualified to engage in business in the State of Indiana;
(6) Any application or registration form contains any material omissions and/or materially false or misleading information;
(7) The license or registration was obtained through fraud, duress, or illegality;
(8) The business and/or its premises are conducted, maintained, supervised, or operated in such a manner as to create a nuisance, or a threat to the public health or general welfare;
(9) The licensee, any person having a financial interest in the licensee or associated premises, or an employee of the licensee has been convicted of a felony in connection with the operation of the business;
(10) The licensee, any person having a financial interest in the licensee or associated premises, or an employee of the licensee has been deemed to be aiding, abetting, encouraging, permitting, harboring, or engaged in criminal conduct or criminal activities at the business or on its premises;
(11) The licensee has failed to implement or enforce policies and procedures governing employees, guests, and/or conduct and activities at the business or on its premises reasonably calculated to ensure that no illegal conduct or practice will take place at the business or on its premises; or
(12) The licensee, any person having a financial interest in the licensee or associated premises, or the business and/or the premises so licensed has failed to comply in any manner with any town ordinance, or state law applicable thereto, in addition to any provision of the revised code of the Consolidated City and County, Indianapolis/Marion County, Indiana (the "Consolidated City Code") and the revised code of the Health and Hospital Corporation of Marion County (the "Health and Hospital Code"), to the extent that the Consolidated City Code and the Health and Hospital Code apply within the corporate boundaries of the town.
Before a license or registration may be suspended, the Town Manager shall give written notice of the suspension to the licensee or registrant with the date of suspension effective thirty (30) days from the date of the notice. The suspension will remain in effect until all fees and penalties have been paid, and the licensee or registrant is in compliance with this chapter. A suspension may be appealed to the Town Council as set forth in section 5.02.060.
(c) A license or registration issued under this article may be revoked by the Town Manager if:
(1) The license or registration has been suspended three (3) or more times;
(2) A suspension of the license or registration remains in effect for ninety (90) or more days.
If the Town Manager revokes a license or registration, he/she shall provide written notice of the revocation to the licensee or registrant. The revocation will remain in effect until all fees and penalties have been paid, and the licensee or registrant is in compliance with this chapter. A revocation of a license or registration may be appealed to the Town Council as set forth in section 5.02.060.
(d) If a license or registration is suspended or revoked by the Town Manager, the licensee or registrant shall be notified in writing of the reasons for the suspension or revocation, and shall have the right to appeal this decision to the Town Council, as set forth in section 5.02.060.
5.02.060 Appeal and review.
Whenever an applicant, a licensee, or a registrant wishes to appeal any decision of the Town Manager refusing to issue or renew a license or registration, or suspending or revoking a license or registration, the applicant, licensee, or registrant must first appeal to the Town Council in compliance with the procedures set forth herein.
(a) A recipient may request in writing, within ten (10) days after notice of refusal to issue or renew a license or registration, or suspending or revoking a license or registration, an informal hearing to dispute the claim. The written request to dispute the claim must be filed with the Clerk-Treasurer. The Clerk-Treasurer shall notify the Town Council.
(b) Following notification, the Town Council shall:
(1) set the appeal for a hearing;
(2) set a time, date, and location for such hearing; and
(3) notify the applicant, licensee or registrant, and the Town Manager of the hearing time, date, and location at least five (5) working days prior to the hearing.
(c) The hearing shall be conducted by the Town Council or its designated officer; provided however, that the Town Manager shall not conduct such hearing.
(d) The applicant, licensees, or registrant shall bear the burden of proof that the Town Manager's decision should be vacated. The Town Manager or person appointed by the Town Manager may present evidence at the hearing which supports the Town Manager's decision.
(e) The decision of the Town Council or hearing officers or his/her appointees shall be final and the decision, together with reasons thereof, shall be delivered in writing within thirty (30) working days from the close of the hearing to the person taking the appeal with a copy delivered to the Town Manager who shall keep all decisions on file in the Town Manager's office.
(f) All decisions shall become effective upon delivery to the Town Manager.
5.02.065 Fees; when due; disposition.
In the absence of any provision to the contrary, all fees and charges for licenses or registration shall be paid at the time application is made therefore to the Clerk-Treasurer for deposit into the general fund.
5.02.070 Change of Location.
The location of any business or occupation for which a license has been issued may be changed, provided sixty (60) days' prior notice thereof is given to the Town Manager and the Building Commissioner, and the new location meets all of the requirements for the issuance of the original license. No additional fee shall be charged for a change in location on a license.
5.02.075 Penalty.
Unless another penalty is otherwise provided, whoever violates any provision of this title shall be fined not less than $25 per day, and not more than $2,500 and costs. Each day's continued violation shall constitute a separate offense.
SECTION 2. Chapter 1.12.030 of the Code regarding payments to the Ordinance Violations Bureau is amended by the addition of the following language:
"5.02.065 Speedway Business License $25 each day"
SECTION 3. This ordinance shall be in full force and effective September 1, 2006, after adoption and publication.
SECTION 4. If any section, subsection, paragraph, sentence, clause or word of this Ordinance shall be held to be invalid, either on its face or as applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs, sentences, clauses or words of this Ordinance, and the applications thereof; and to that end the sections, subsections, paragraphs, sentences, clauses or words of this Ordinance shall be deemed severable.
PASSED AND ADOPTED by the Town Council of the Town of Speedway, Indiana this 12th day of June , 2006.