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CHRISTMAS TREE SALES
Sections:
5.08.010 Required.
5.08.020 Application-Fee-Contents.
5.08.030 Letter to accompany application.
5.08.040 Investigation upon receipt of application.
5.08.050 Issuance of license-Fee.
5.08.060 Separate license for each location.
5.08.070 Transfer prohibited.
5.08.080 Term of license.
5.08.090 Licensee's additional rights.
5.08.100 Electrical wiring.
5.08.110 Buildings to conform to building code.
5.08.120 Posting license.
5.08.130 Return of deposit.
5.08.140 Setback.
5.08.150 Time for application.
5.08.160 Revocation.
5.08.170 False statements in application.
5.08.180 Retail nursery defined.
5.08.010 Required.
It is unlawful for any person, firm or corporation, except one operating a retail
nursery, as defined in Section 5.08.180, to sell or engage in the business of
selling severed fir or evergreen trees (commonly called Christmas trees) at
retail or wholesale, in the city without first obtaining a license therefor
as provided in this chapter. (Ord. O-84-125 § 1, 1984: Ord. O-70-117 §
1, 1970).
5.08.020 Application-Fee-Contents.
Any person, firm or corporation desiring a license to sell severed fir or evergreen
trees within the city shall make application therefor to the City Clerk upon
an application form to be furnished by the Clerk, and each such application
shall be accompanied by a nonrefundable application fee in the amount of fifty
dollars. Each application shall contain the following information, as well as
such additional information as may be required by the City Clerk:
A. Applicant's name, address and telephone number;
B. The location and description of the premises where the said trees are to
be offered for sale;
C. The name of the owner (or lessee) of the property where the trees are to
be offered for sale;
D. Such other, further and additional information as may be required by the
City Clerk. (Ord. O-81-19 § 2, 1981: Ord. O-70-117 § 2, 1970).
5.08.030 Letter to accompany application.
Each such application shall also be accompanied by a letter, contract or lease
from the property owner or lessee of the premises where the sales are to be
conducted, granting the use of the premises and permission to use the same.
(Ord. O-70-117 § 3, 1970).
5.08.040 Investigation upon receipt of application.
The City Clerk shall refer the application to the Department of Planning, Permits
and Public Works, which shall advise the Clerk as to whether the premises are
properly zoned and have sufficient setback space for the sales proposed to be
made. (Ord. O-91-59 § 4, 1991; Ord. O-70-117 § 4, 1970).
5.08.050 Issuance of license-Fee.
If the City Clerk receives a report from the Department of Planning, Permits
and Public Works that the zoning and space available for setback on the premises
is appropriate for the sale of Christmas trees, and if the application is otherwise
in order and the application fee has been paid, the City Clerk shall issue a
Christmas tree sales license to the applicant for sales to be made at the location
described in the application upon the payment of an additional fifty dollars
as a license fee, and the deposit of fifty dollars in cash, or by certified
check, cashier's check or money order. (Ord. O-91-59 § 4 (part), 1991;
Ord. O-81-19 § 3, 1981: Ord. O-70-117 § 5, 1970).
5.08.060 Separate license for each location.
A separate license shall be required for each location designated by the applicant
where trees are to be offered for sale. (Ord. O-70-117 § 6, 1970).
5.08.070 Transfer prohibited.
No license issued under this chapter shall be transferred from one firm, person
or corporation or location to another firm, person, corporation or location.
(Ord. O-70-117 § 7, 1970).
5.08.080 Term of license.
The license shall be issued to be effective beginning the day following Thanksgiving
and shall expire as of December 31st of each year. (Ord. O-93-64 § 1, 1993:
Ord. O-70-117 § 8, 1970).
5.08.090 Licensee's additional rights.
Any person holding a license to sell trees as aforesaid shall also have the
right to sell foliage therefrom or parts of fir or evergreen trees without securing
a separate license. (Ord. O-70-117 § 9, 1970).
5.08.100 Electrical wiring.
All electrical wiring at each location shall conform with the requirements of
the city building code (Chapters 14.02 and 14.06), and must be installed by
a registered electrical contractor. The building official shall not issue a
permit for electrical installation at a location for the sale of Christmas trees
without a showing that a Christmas tree license has been issued for such location,
where such license is required. (Ord. O-93-64 § 2, 1993: Ord. O-70-117
§ 10, 1970).
5.08.110 Buildings to conform to building code.
All buildings moved onto or constructed upon any Christmas tree sales lot shall
in all respects conform to the requirements of the building code of the city
or such regulations as may be promulgated by the Building Official. (Ord. O-70-117
§ 11, 1970).
5.08.120 Posting license.
The Christmas tree sales license for each location must be posted in a conspicuous
place at each location at all times. (Ord. O-70-117 § 12, 1970).
5.08.130 Return of deposit.
The deposit of each applicant for each location will be returned in the event
that all debris, trees, temporary buildings, and trash have been removed from
the location and all sales taxes have been paid in full on or before January
15th of the year succeeding the year in which sales are made. In the event of
failure to remove such debris, trees, temporary buildings, or trash, or to pay
all sales taxes in full, the deposit will be forfeited. (Ord. O-93-64 §
3, 1993: Ord. O-70-117 § 13, 1970).
5.08.140 Setback.
No fence, wiring, Christmas trees, stands, tents or structures shall be located
on any lot or premises unless there is at least a twenty-foot setback from the
curb line of the street or streets facing the same. No license shall be issued
for any location where such setback is physically impossible. (Ord. O-70-117
§ 15, 1970).
5.08.150 Time for application.
No application shall be accepted in any year prior to the first of November,
or after the fifteenth day of December. (Ord. O-70-117 § 16, 1970).
5.08.160 Revocation.
If it appears to the City Clerk during the existence of any license authorized
in this chapter that a licensee or its agents, servants or representatives are
in any way violating any of the ordinances of the city or the terms of the license,
the City Clerk may issue a cease and desist order, and may summarily suspend
the license of the licensee if there is not compliance with such cease and desist
order within twenty-four hours after the service thereof. Notice and opportunity
for hearing shall be afforded to such licensee within one business day following
the date of suspension. The clerk may revoke any license following such hearing
if it appears that there has been any such violation and failure to comply with
a cease and desist order. (Ord. O-70-117 § 17, 1970).
5.08.170 False statements in application.
The making of any false statement in the application of any licensee is unlawful,
and is good cause for the revocation of the license of such licensee. (Ord.
O-70-117 § 18, 1970).
5.08.180 Retail nursery defined.
A "retail nursery" is any person, firm or corporation which sells
nursery stock, not limited to the sale of fir or evergreen trees. (Ord. O-93-64
§ 4, 1993: Ord. O-84-125 § 2, 1984).
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