No person, firm or corporation, either as principal, officer, agent, servant or employee shall conduct, pursue, carry on, or operate in the City of Frontenac, Kansas, any calling, trade, profession, business, or occupation, without first paying to the City Treasurer the license or occupation tax hereinafter provided, and procuring from the City Clerk a license.
(Ord. 2017-09; Code 2021; Ord. 2023-03)
Before the city clerk shall issue any license authorized by this chapter, the city clerk shall be satisfied that the applicant is qualified under the ordinances of the city to receive such license. The city clerk shall require in writing, on a form to be supplied by the city clerk, which shall, among other things, give the following information:
(a) Name and description of applicant.
(b) Permanent home address and full local address of applicant.
(c) A brief description of the nature of the business to be carried on or the goods to be sold and the length of time such applicant has been engaged in the business.
(d) If employed, the name and address of the employer, together with credentials establishing such relationship.
(e) The length of time which business is proposed to be carried on.
(f) The place where services are to be performed or where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of delivery.
(g) If the business is a retail business, a copy of the applicant's state department of revenue sales tax certificate and number or exemption certificate if a nonprofit organization.
(h) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any federal or state law or city ordinance, giving the nature of the offenses, the punishment assessed therefor, if any, and the city and state where conviction occurred.
(i) A certificate of liability insurance issued by an insurance company of a sufficient amount and limits for the respective business.
(Ord. 2023-03)
(a) Before a license is issued, an investigation shall be conducted as follows:
(1) Upon receipt of the above application, the city clerk shall cause an investigation of the facts stated therein to be made within, not to exceed five days. If the city clerk determines that it will be impossible to complete the investigation within five days, and it appears to the city clerk, from the application filed, that the issuance of a temporary license will not be detrimental to the public good, then the city clerk may, in his or her discretion, issue a temporary license to the applicant. Such temporary license shall be in the same form as hereinafter required and shall clearly indicate upon its face that it is temporary and that it shall expire at a certain date. The clerk shall, if he or she issues such a temporary license, cause it to expire upon the date estimated for the completion of the investigation. Upon the completion of the investigation, the temporary license shall expire and the clerk shall act according to this chapter.
(2) If, as a result of the investigation, the applicant's character or business responsibility is found to be unsatisfactory, or the facts stated therein to be untrue, the city clerk shall endorse on such application the findings and endorse disapproval of the application and reasons for the same. The city clerk shall then notify the applicant that the application is disapproved and that no license will be issued.
(3) If the investigation of such application discloses that the character and business responsibility and the facts stated in the application are satisfactory and true, the city clerk shall endorse the findings and approval on the application and immediately upon payment of the license fee prescribed hereafter, issue a license to the applicant to engage in the business described in the application. Such license shall be in such form as required by ordinance and shall show the name and address of the licensee and the kind of goods to be sold or services rendered and the amount of fee paid, the date of issuance and the length of time the license shall be operative.
(b) No license required under this chapter shall be issued if one or more of the following conditions are determined by the city clerk to exist:
(1) The building or premises of the establishment does not comply with the provisions and terms of the building code, zoning ordinance, fire regulations, health regulations or any other ordinances and regulations of the city.
(2) The building or premises of the establishment are in such unsanitary or unsafe condition as to endanger the public safety, health and welfare.
(3) The owner of the establishment or such legal entity comprising the establishment is indebted to the city.
(Ord. 2023-03)
All annual licenses provided for in this chapter shall begin on January 1st of each year and terminate December 31st of such year.
(Ord. 2023-03)
No license issued by the city shall be assigned or transferred.
(Ord. 2023-03)
Licenses requested under this chapter may be refused by the city clerk and licenses issued may be revoked by the city clerk at any time, for any of the following causes:
(a) Fraud, misrepresentation or any false statement contained in the application for a license.
(b) Fraud, misrepresentation or false statement made in the operation of a business.
(c) Any violation of federal or state law, or city code.
(d) Conducting a business in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, morals, safety or welfare of the public.
(e) The failure or inability of an applicant to meet and satisfy the requirements and provisions of this Code.
Written notice of suspension or revocation stating the cause or causes therefor shall be delivered to the licensee personally or mailed to the licensee's address stated in the licensee's application for a license.
(Ord. 2023-03)
(a) Any person whose license is revoked, or the request or renewal thereof has been refused shall have the right to a hearing before the governing body, provided a written request is filed with the city clerk within ten days following the delivery or mailing of the notice of refusal or revocation.
(b) No formality in making such appeal shall be required and such appeal shall be deemed perfected if the applicant shall file with the city clerk a written statement that he or she appeals to the governing body from the order of the city clerk denying or refusing such license to the applicant. The city clerk shall place such appeal upon the agenda or order of business of the governing body at the next regular meeting.
(c) The governing body shall hold a public hearing after which the governing body may uphold a refusal or revocation of a license, or the governing body may reverse any refusal or revocation of a license. Any revocation or refusal of a license shall not become final until the licensee has exhausted his/her remedies under the provisions of this section.
(Ord. 2023-03)
There is hereby levied a license fee in the following amounts on callings, trades, professions, businesses and occupations conducted, pursued or carried on or operated within the limits of the City of Frontenac:
(a) General license: A general license for a business shall be $45.00 unless city codes specify a different business licensing fee amount.
(b) Agents, peddlers/solicitors of any kind of service and/or merchandise: $100.00.
(c) Gas and oil wholesale: $45.00 per truck.
(d) Mobile home park: $5.00 per space.
(Ord. 2017-09; Code 2021; Ord. 2023-03)