The following ordinance had it's first reading by the Township Board on April 8, 2019. Final action will take place April 22, 2019:
ORDINANCE NO. 809
BUSINESS LICENSE ORDINANCE
CHARTER TOWNSHIP OF FRUITPORT, MICHIGAN
An Ordinance to amend the Code of Ordinances, Charter Township of Fruitport, Michigan, to add a new Chapter 28 entitled Business License Ordinance, and to establish the effective date of the Ordinance.
THE CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN, ORDAINS:
Section 1. Addition of Chapter. Chapter 28 of the Fruitport Charter Township Code of Ordinances is added, which Chapter shall be known and cited as the “Fruitport Charter Township Business License Ordinance” and shall read in its entirety as follows.
BUSINESS LICENSE ORDINANCE
Sec. 28.1 IN GENERAL
The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning.
A. “Business Activity” means any acts of buying, selling, leasing, renting, or otherwise marketing any goods, services, merchandise, or commodities of any kind or description, whether or not conducted from a Business Establishment.
B. “Business Establishment” means any lot, building, or structure, or a part thereof, including without limitation leased or occupied space in a mall, store, or building, located within the boundaries of the Township, from which a person engages in or causes to be engaged in Business Activity.
Sec. 28.2 PENALTIES AND REMEDIES
Any person violating any of the provisions of this Chapter shall be responsible for a civil infraction. Each day on which any violation of this Chapter shall continue shall constitute a separate offense. The Township may utilize injunctive remedies to prevent further violations of this Chapter and to require compliance with this Chapter.
Sec. 28.3 PROVISIONS COMPLEMENTARY AND SUPPLEMENTAL
The provisions of this Chapter, together with other relevant provisions of any other ordinance, or provisions authorized or required by state or federal law relative to Business Establishments or Business Activity or both, shall be construed to be complementary and supplemental. All such provisions shall constitute a part of the regulations and conditions applicable to Business Establishments and Business Activity.
Sec. 28.4 MORAL CHARACTER
A. In this Chapter the phrase "good moral character" shall be construed to mean the propensity of the person to serve the public in the licensed area in a fair, honest, and open manner.
B. A judgment of guilt in a criminal prosecution or an adverse judgment in a civil action shall not be used without more as proof of a person’s lack of good moral character. It may be used as evidence in the determination. When so used, the person shall be notified and shall be permitted to rebut the evidence by showing that:
1. At the current time of seeking a certificate of registration under this Chapter, the person has the ability to, and is likely to, serve the public with good moral character; and
2. The person is rehabilitated, or the substance of the prior proceeding is not reasonably related to the occupation or profession for which the person seeks a certificate of registration under this Chapter.
Sec. 28.5 PURPOSE OF REGISTRATION
This Chapter, concerning the registration of Business Establishments in the Township, has been enacted to protect the health, safety, and welfare of persons in the Township by providing the Township with the information necessary to ensure compliance with safety, structure, and fire laws; to identify Business Activities and Business Establishments which affect or involve matters related to traffic, congestion, occupancy, and density of occupancy; to determine the presence, storage, and handling of hazardous materials; to regulate the physical condition of places where persons are employed in Business Establishments or carry on Business Activities; and to enforce the law, including local, state, and federal laws, rules, and regulations, applying to the Business Activities and Business Establishments located in the Township.
Sec. 28.6 REQUIRED
No person shall operate, conduct, maintain, or manage any Business Establishment, or carry on any Business Activity within the boundaries of the Township without first obtaining a certificate of registration in the manner provided in this Chapter.
Sec. 28.7 APPLICATION PROCEDURE
An applicant for a certificate of registration shall make application to the Public Safety Director on a form prescribed by the Public Safety Director, which shall contain at least the following information.
A. Each application shall include the full names, business addresses, residence addresses, and local addresses of the owners, proprietors, officers, and managers of the Business Establishment. If the applicant is a corporation, the names and addresses of all officers shall be included. If the applicant is a partnership, the names and addresses of all partners shall be included. If the applicant is a limited liability company, the names and addresses of all members shall be included.
B. The nature and character of the Business Activity which is conducted at the Business Establishment shall be described.
C. A list of all assumed, trade, or firm names under which the applicant intends to do business shall be provided.
D. The location or locations of the Business Establishment and the location of all personal property utilized in the conduct of the Business Activity shall be provided.
E. The name, telephone number, and address of the person to notify in the event of an emergency shall be provided.
F. Each application shall have attached a current fire safety audit worksheet or a document substituted by the Township containing the same or similar information. This form must be approved and signed by an authorized official from the Township’s Fire Department.
Sec. 28.8 TERMS
Each certificate of registration issued pursuant to this Chapter shall terminate on the immediately following _____________ 1.
Sec. 28.9 RENEWAL
A. Any certificate of registration issued under this Chapter must be renewed per this Chapter on or before the _____________ 1 when the certificate of registration expires.
B. Applications for renewal of a certificate of registration shall be filed, considered, and determined in the same manner as an original application.
Sec. 28.10 FEES
The fee for a certificate of registration and the fee for an annual renewal thereof shall be set from time to time by action of the Township Board. The Township Board reserves the right, upon proper application, to authorize the issuance of certificates of registration without fee or cost for any nonprofit tax exempt organization. Registration fees not paid within 30 days after the due date will be subject to a late fee of $15.00 per month for each month up to a maximum of six months, at which time all fees and late fees are due and then a civil infraction violation may be issued each day thereafter until the complete registration application is submitted and all required fees are paid.
Sec. 28.11 DISPLAY
Any certificate of registration issued pursuant to this Chapter shall be prominently displayed in the Business Establishment or any other location where Business Activity is conducted.
Sec. 28.12 TRANSFERABILITY
No certificate of registration issued pursuant to this Chapter shall be transferable. Material changes in the operation or ownership of a Business Establishment shall require a new certificate of registration.
Sec. 28.13 GENERAL CONDITIONS FOR ISSUANCE AND CONTINUING IN EFFECT
A. Compliance with other governmental requirements; preemption. No certificate of registration shall be issued or continued in effect for any person who is required to obtain a federal, state, or county license or permit until the person submits evidence that all required licenses or permits have been issued and continue in force, and that all fees pertaining to such licenses or permits have been paid. The fact that a person has received a federal, state, or county license or permit for the Business Activities or Business Establishment involved shall not exempt the person from the requirements of this Chapter unless these requirements are clearly preempted by federal, state, or county law.
B. Compliance with all other laws. A holder of a certificate of registration must be in continuing compliance with all Township, county, state, and federal laws as a condition of issuance or continued effect of a certificate of registration under this Chapter.
C. Conditions and activities on the premises. The holder of a certificate of registration shall maintain a clean, neat, and orderly Business Establishment or any other area where Business Activity is conducted. The holder shall take reasonable steps to provide security on the premises, and prevent unlawful conduct on the premises.
D. Advertising sales as executors, receivers, close-out, damaged goods, etc. No person shall advertise or represent that any sale is an assignee’s, executor’s, administrator’s, personal representative’s, mortgagee’s, receiver’s, or closing-out sale of goods, wares, and merchandise, or of goods, wares, and merchandise damaged by fire, smoke, water, or otherwise, unless the person shall at the time of applying for a license file an affidavit with the Public Safety Director, establishing that the sale qualifies as one of the listed types of sale. The affidavit shall include a true statement of the names of the persons from whom the goods to be sold were obtained, the date of the delivery of such goods to the seller, the place from which such goods were brought, and all details necessary to fully identify the goods.
E. Engaging in fraudulent conduct. A certificate of registration may be revoked if the holder is found to have engaged in fraudulent business practices, misrepresented the nature of the goods or services offered to the public, or has violated any consumer protection regulations, retail installment sales regulations, or any other Township, county, state, or federal statute or regulation concerning business practices.
F. Payment of amounts owed the Township. All personal property taxes and outstanding debts to the Township, including without limitation fees for inspections or property services, water or sewer bills, civil infraction fines applicable to the Business Establishment or its premises, and current special assessment installments, but not including real property or income taxes, due at the time of issuance or renewal of a certificate of registration must be paid in full to obtain the certificate.
Sec. 28.14 ADDITIONAL CONDITIONS FOR ISSUANCE
Any person applying for or holding a certificate of registration under this Chapter shall demonstrate to authorized Township personnel that the Business Establishment or Business Activity registered under this Chapter complies with all applicable construction and fire and safety codes, health and safety laws, zoning laws, and environmental laws and regulations of the Township, the county, the state, and the federal government, including all provisions of this Chapter.
Sec. 28.15 INSPECTIONS
Every Business Establishment or place where Business Activity occurs, applying for registration under this Ordinance, shall afford authorized personnel from the Township full access to the premises and the emergency plan records of the property for the purpose of inspection to determine compliance with the certificate of registration which has been issued, to determine whether the certificate of registration should be issued in the first place, and to determine continuing compliance with all ordinances, codes, and statutes applicable to the premises, the Business Establishment, and the Business Activity. In the case of a proposed revocation or suspension of a certificate of registration, the holder of the certificate shall afford reasonable opportunity for inspection by the Township.
Sec. 28.16 DENIAL, REVOCATION AND SUSPENSION
Holders of a certificate of registration applied for under this Chapter may be denied, suspended, or revoked by the Public Safety Director for any of the following causes:
1. The violation of any of the conditions of issuance or continuation of a certificate of registration;
2. Fraud, misrepresentation, or false statement made in the application;
3. Fraud, misrepresentation, or false statement made in the operation of the business;
4. Failure to pay personal property taxes, or timely file documentation or returns required for such taxes;
5. Failure to pay any outstanding amounts owed the Township (such as fees for inspections or property services, water or sewer bills, civil infraction fines applicable to the Business Establishment or its premises, current special assessment installments, etc.);
6. Failure to pay registration fees imposed pursuant to this Chapter;
7. Conducting a business in an unlawful manner or in such manner as to constitute a breach of peace or to constitute a menace to the health, morals, safety, or welfare of the public;
8. Failure or inability of an applicant to meet and satisfy any of the requirements and provisions of this Chapter; or
9. Failure to allow inspection of the Business Establishment or place where Business Activity occurs, or its premises or hazardous material storage records at a reasonable time.
Sec. 28.17 PROCEDURE FOR REVOCATION OR SUSPENSION
A. Written notice of the suspension or revocation of a certificate of registration, stating the cause or causes for such action, shall be personally delivered or mailed to the address as shown in the Township records.
B. Any person whose certificate of registration is revoked or suspended, or any person whose application is denied, shall have the right to a hearing before the Township Board, if a written appeal is filed with the Township Clerk within ten days following the mailing of a notice of revocation or suspension or denial. The hearing shall be public, a record shall be made and preserved, and the appealing party shall have the right to counsel. The hearing shall be held within 45 days of the filing of the written appeal.
C. The Township Board may reverse or affirm any determination to deny, revoke, or suspend the issuance of a certificate of registration. No person may carry on or operate a Business Establishment or any Business Activity during any time when the certificate of registration for the Business Activity or the Business Establishment has been suspended, revoked, or denied. The filing of an appeal to the Township Board shall stay a suspension or revocation unless a condition threatening the life, health, or safety of any person exists in the Business Establishment or is involved in the Business Activity. The decision of the Township Board and its reasons shall be stated in writing.
D. Any person claiming to be aggrieved after the decision by the Township Board may seek review by the Muskegon County Circuit Court. The Circuit Court shall determine if the appellant has standing and shall review the determination made by the Township Board de novo on the record. The appeal to the Circuit Court must be filed within 21 days after the Township Board’s final action. The Circuit Court may either reverse or affirm or remand for further findings, retaining jurisdiction in its discretion.
Section 2. Effective Date. This Ordinance was approved and adopted by the Township Board on ____________________, 2019, after introduction and first reading on April 8, 2019, and publication after the first reading as required by Michigan Act 359 of 1947, as amended. This Ordinance shall be effective on ____________________, 2019, which is the day after publication of the Ordinance.