CHAPTER 1 – BUSINESS LICENSING
SECTION:
2-1-1: – ANNUAL REGISTRATION AND PURPOSE:
2-1-6: – SANCTIONS FOR VIOLATION:
2-1-8: – REPEALER AND EFFECTIVE DATE:
2-1-1: – ANNUAL REGISTRATION AND PURPOSE:
Businesses shall be registered annually within the Township of Thomas, Saginaw County, Michigan.
A. Information For Township: To assist the Township with information to provide:
1. More adequate police and fire protection;
2. More equal and equitable real and personal property taxation;
3. Better efficiency and economy in furnishing public utility services within the Township;
4. More comprehensive and informed planning and zoning for uses of land and structures within the Township; and
B. Information For General Public: To establish a registry of businesses operating within the Township for the general information of the public and for the promotion of the Township.
(Ord. 93-G-01, 6-7-1993, eff. 7-16-1993)
2-1-2: – DEFINITIONS:
As used in this Ordinance:
BUSINESS: Means any trade, occupation, profession, work, commerce or other activity owned or operated for profit by any person within the Township of Thomas excluding, however, political, charitable or religious establishments and home occupations.
HOME OCCUPATION: Means any business carried on by one or more members of a family residing on the premises providing it be operated in its entirety within the principal dwelling, not have a separate entrance from outside the building, not involve alteration or construction not customarily found in dwellings, not use any mechanical equipment except that which is used normally for purely domestic or household purposes, not use more than twenty five percent (25%) of the total actual floor area of the dwelling and not display or create outside the structure of the dwelling any external evidence of the operation of the home occupation except for one nonanimated, nonilluminated wall sign, in compliance with the Zoning Ordinance.
LICENSING AGENT: Means the Township Clerk or such other Township official or employee as may be designated by resolution of the Township Board.
PERSON: Means any individual, partnership, association or corporation.
TOWNSHIP: Means the Township of Thomas.
(Ord. 93-G-01, 6-7-1993, eff. 7-16-1993)
2-1-3: – LICENSE:
A. Requirement Established: No person may commence or continue a “business”, as herein defined, within the Township without having first obtained a Township license therefor as hereinafter provided and without maintaining such license in current effect during any business operation or activity.
B. Application: No license to commence or continue a business shall be issued until the owner or operator thereof shall have first submitted an application to the licensing agent of the Township on a form provided by the licensing agent for such purposes.
(Ord. 93-G-01, 6-7-1993, eff. 7-16-1993)
C. Fee: A fee as determined and set from time to time by resolution of the Township Board shall accompany the original application and all renewals.
D. Restrictions:
1. All Charges Paid: No license shall be issued until storm water fees, all hookup fees, connection fees, or other charges required by the Township ordinance shall be paid in full or as permitted by ordinance provisions.
(Ord. 93-G-01, 6-7-1993, eff. 7-17-1994; amd. Ord. 97-G-04, 4-7-1997)
2. Compliance With All Laws: No license shall be issued unless the applicant has complied with all Township, County, State and Federal laws, rules and regulations.
3. Legal Under Existing Law: No license shall be issued by the licensing agent where the existing or proposed business would be illegal under any law or ordinance of the United States of America, the State of Michigan, the county having jurisdiction thereof, or the Township.
E. Issuance After Review: Upon the filing of a properly completed application and upon payment of the fee and after review by the Zoning Administrator, the licensing agent shall issue a license to the person to commence or continue the business designated in said application if the business complies with the terms of this Ordinance.
F. Display: The license shall be prominently displayed to public view.
(Ord. 93-G-01, 6-7-1993, eff. 7-16-1993)
G. Duration; Renewals; Late Fees: The license issued under this Ordinance shall be effective until December 15 of the year in which issued. Licenses not renewed within thirty (30) days after the December due date shall, in addition to the license or renewal fee, pay a late fee as determined and set from time to time by a resolution of the Township Board.
(Ord. 93-G-01, 6-7-1993, eff. 7-17-1994; amd. Ord. 97-G-04, 4-7-1997)
H. Transfer: No license may be transferred by the holder to any other person except upon prior approval of the Township Board.
I. Inspection: The licensing agent shall have the right of inspection of the business premises to assure compliance with this Ordinance.
J. Off-Street Parking: No license shall be issued unless the licensee provides off-street parking sufficient to meet the needs of the business involved and which must be adequately maintained to provide safe and efficient parking of motor vehicles and prevent unnecessary congestion and interference with public use of streets. All off-street parking shall be surfaced with a material that shall provide a durable, and dustless surface and shall be graded and provided with adequate drainage to dispose of all collected surface water. If surfaced with concrete or asphalt, off-street parking areas shall provide six inches (6″) of cement concrete or two inches (2″) of asphalt surface laid over a base of crushed stone with a compacted thickness of six inches (6″).
K. Termination Of Business: The licensee shall notify the licensing agent prior to any termination of the business for which the license is issued but no part of the license fee shall be refunded.
(Ord. 93-G-01, 6-7-1993, eff. 7-16-1993)
2-1-4: – REVOCATION:
A. Noncompliance: In the event of any noncompliance with the provisions of this Ordinance after a license has been issued, the same may be revoked by order of the licensing agent until the noncompliance has been corrected as determined by said agent.
B. Right Of Appeal And Hearing: The licensee may appeal all revocations to the Township Board, which, for cause shown, may uphold the revocation, or reinstate the license after giving the licensee reasonable notice and after holding a hearing, at which licensee shall have an opportunity to be heard.
C. Refund Of License Fee: In the event of revocation, the license fee shall not be refunded.
(Ord. 93-G-01, 6-7-1993, eff. 7-16-1993)
2-1-5: – EXEMPTIONS:
A. Political, Charitable, Or Religious Organizations, And Home Occupation: No license shall be required of any political, charitable, religious establishment or home occupation situated within the Township.
B. Federal Or State Agencies: The provisions of this Ordinance are not applicable to any agency of the United States of America, the State of Michigan, or any political subdivisions thereof.
(Ord. 93-G-01, 6-7-1993, eff. 7-16-1993)
2-1-6: – SANCTIONS FOR VIOLATION:
A. Any person or other entity who violates any of the provisions of this Ordinance is responsible for a municipal civil infraction as defined by Michigan law and subject to a civil fine of not more than five hundred dollars ($500.00) plus costs, which may include all direct or indirect expenses, to which the Township has been put in connection with the violation. In no case, however, shall costs of less than nine dollars ($9.00) or more than five hundred dollars ($500.00) be ordered. A violator of this Ordinance shall also be subject to such additional sanctions, remedies, and judicial orders as are authorized under Michigan law. Each day a violation of this Ordinance continues to exist constitutes a separate violation.
B. Any person or entity who violates any of the provisions of this Ordinance and who has been issued a municipal civil infraction violation notice as defined by Ordinance 97-G-01 [3]
(3) Cross reference— See Title 1, Chapter 3 of this Code.
and who admits responsibility therefor within the time specified thereon shall pay a civil fine and costs at the Thomas Township Municipal Ordinance Violations Bureau in accordance with the schedule of civil fines and costs in section 9 of Ordinance 97-G-01 [4] which is incorporated herein by reference.
(Ord. 93-G-01, 6-7-1993, eff. 7-17-1994; amd. Ord. 97-G-04, 4-7-1997)
2-1-7: – SAVING PROVISIONS:
A. Severability: Should any portion of this Ordinance be declared unconstitutional, illegal or of no force and effect by any court of competent jurisdiction such portion thereof shall not be deemed to affect the validity of any other part or portion thereof.
B. Effective Date: This Ordinance shall take effect thirty (30) days after date of publication. Existing ordinances and specific licensing ordinances hereinafter adopted shall remain in effect for the particular business affected and shall take precedence over this Ordinance.
(Ord. 93-G-01, 6-7-1993, eff. 7-16-1993)
2-1-8: – REPEALER AND EFFECTIVE DATE:
A. Prior Ordinance Repealed: Ordinance G-01-77 and any amendment thereof is hereby repealed except as otherwise provided herein.
B. Effective Date: This Ordinance shall take effect thirty (30) days after the date of publication; provided, however, that existing licenses shall continue in effect and be regulated under the provisions of Ordinance G-01-77 until their next annual expiration date.
(Ord. 93-G-01, 6-7-1993, eff. 7-16-1993)
(4) Cross reference— See Section 1-3-9 of this Code. (Back)