Article 4. Business Licenses

3.4.1.     Business registration and permit to operate required.

Every person, firm, entity, association or corporation now or hereafter doing business in the corporate limits of the City of Bel Aire and/or maintaining an office, retail, wholesale outlet, fixed site where a specific service is located, or business address or location, shall annually register such business in conformance with this Code, and shall maintain a valid permit to operate issued by the City of Bel Aire.

It is unlawful for any person, whether as principal, officer, agent, servant, licensee, permit holder, or employee:

To conduct, pursue, carry on or operate within the corporate limits of the city any calling, trade, profession, business or occupation without having first determined that such business is appropriately registered with the City and has a current valid permit to operate issued by the City pursuant to this Code;

To fail to comply with all of the regulations provided in this title.

A Business Registration and Permit to Operate (Permit) is a document issued annually by the City upon initial approval of an application issued pursuant to this Article, and continued annual compliance with this Article.

3.4.2.     Information provided.

The application for registration of business and permit to operate shall include furnishing to the City Clerk the following information on an approved form provided by the City Clerk:

Nature of the business;

Location of the business;

Business phone number;

The owner’s and/or manager’s home address and phone number;

Approximate square footage of floor space in the business;

A listing of any and all types of combustible substances which are used or kept on the premises which might create a special firefighting problem.

A listing of any and all direct or collateral public health, safety, or welfare concerns which might create a special law enforcement problem, including an unusual increase in the amount of lighting, noise, odor, vehicle traffic, or pedestrian traffic within an area.

The total number of all non-family employees, and the total number of all employees.

A certification by restaurant owners/managers that all employees have current food handlers’ certifications issued by the Wichita/Sedgwick County Health Department.

3.4.3.     Inspection.

Submission of an application for registration and permit to operate will constitute permission, from applicant or their representatives, for inspection of the premises and/or business site by the Code Enforcement Officer or his or her designee for the express purpose of determining that the applicant has complied with the current incorporated Building Code, National Electrical Code, and all other relevant regulations of the city.

Upon receiving a written application for registration and permit to operate, the City Clerk shall request the Chief of Police to investigate the background of any person, partnership, corporation, or employee of any such business. The Chief of Police shall also determine whether any such business or service will have a significant effect upon the City’s ability to provide law enforcement services. Any business which the Chief of Police determines will overwhelm the City’s law enforcement department, either through the actual operations of such business or collateral effects directly associated with such business, will be denied a permit to operate until such business enters into an agreement with the City to underwrite all reasonable law enforcement costs brought about by the operation of such business. Such agreement will be subject to review and approval of the governing body.

Upon receiving a written application for registration and permit to operate, the City Clerk shall request the Zoning Administrator review the premises to determine that the applicant has complied with the Zoning Code, Subdivision Code, Sign Code, Historic Preservation Code, including observance of requirements set forth in conditional use permits issued by the City.

The clerk may request to inspect copies of all employees’ food handlers’ cards at the time of a restaurant owner/manager’s application.

3.4.4.     Registration certificate.

The city clerk’s office shall issue a non-transferable registration and permit to operate certificate to each business upon confirmation from 1) the Code Enforcement Officer, or his or her designee, that the applicant is in compliance with existing codes and regulations, 2) the Zoning Administrator, or his or her designee, that the applicant is in compliance with existing codes and regulations, and 3) the Chief of Police, or his or her designee, that the applicant is in compliance with existing codes and regulations, has no legal background issues that prohibit operation of such business, and such business will not create an extraordinary impact upon law enforcement services. The holder thereof shall display the same in a conspicuous place in the place of business for which the certificate is issued. Certificates issued for business sites that do not maintain a business office within the City, shall maintain such certificate with regular business records for presentation to City inspectors as required. No business shall commence business operations prior to issuance of a permit.

3.4.5.     Term of registration.

Any permit secured under this Article shall not be transferable. Upon a change of locations within the City, a business shall re-register without payment of the required fee.

3.4.6.     Denial, revocation, and restriction.

Any registration and permit to operate certificate issued under the terms and provisions of this title shall be revoked by the City, upon five days' written notice to the person holding any such permit, for any of the following reasons:

If a permit has fraudulently obtained by giving false information in the application therefor;

If the permittee has violated any of the provisions of this title or any rule or regulation made by the governing body of the city regulating the conduct of the particular calling, trade, profession, business or occupation covered by such permit;

If a permittee has become ineligible to obtain a permit under this Article;

If a permittee has violated the terms of an agreement entered into with the City in order to obtain a permit;

For the nonpayment of any permit fees payable under this Article;

For permitting any gambling or any violation either of the intoxicating liquor laws of the state or of this Code;

For the conviction of the permittee in any court for the violation of any laws of this state or ordinances of the city regulating such calling, trade, profession, business or occupation;

For conviction of the permittee in any court of any offense against the laws of the state or ordinances of the city involving moral turpitude; provided, expressly, that where any calling, trade, profession, business or occupation permitted under this title is governed by a specific section of this Code containing an express provision for the revocation of such permit, the terms of such specific section of this Code relating to revocation of the permit shall supersede and take precedence over the revocation provisions contained in this Article; provided further, that whenever the term "conviction" is used in any section of this title it shall include being placed on diversion; provided further, that in case a permit is revoked on any of the grounds set out above, no new permit to carry on such calling, trade, profession, business or occupation shall be issued under the provisions of this title to the permittee, for six months from the date that the revocation takes effect.

3.4.7.     Emergency suspension and/or revocation of permit.

When, the Chief of Police determines that the operation of any place of business has become an extraordinary detriment to the public safety, peace, health or welfare, the Chief of Police may summarily suspend any City permit to operate of the business for a temporary period pending a hearing before the City Council.

3.4.8.     Appeal.

Any person, corporation, partnership or business that has been refused licensing, suspended, revoked or restricted in any manner hereunder may appeal to the City Council by filing a written request to be heard on the subject within 10 days of the denial, revocation, or restriction by the City Clerk.

(Ord. 98)

3.4.9.     Hearing.

Upon receiving such request the matter shall be placed on the City Council agenda immediately following receipt thereof, whereupon the City Council may place the matter on the next regular Agenda, or may schedule a special meeting. After reviewing the statements of the enforcement official and the Appellee, the Governing Body may by majority vote, uphold the decision of the enforcement officer, set aside the decision of the enforcement officer, or modify the terms of a license previously issued before reinstating such license. The decision of the City Council is final.

(Ord. 98)