Every person, firm, entity, association or corporation now or hereafter doing business in the corporate limits of the City of Haysville 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 Chapter and Chapter 17, including Section 17-312, and shall maintain a valid permit to operate issued by the City of Haysville. An annual registration shall be in force and effect only during the calendar year for which it was purchased, regardless of the date of such purchase.

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

(1)   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;

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

(b)   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.

Every person, firm, entity, profession, association or corporation now or hereafter doing business in the corporate limits of the City of Haysville and/or maintaining an office, retail, wholesale outlet, or business address or location, shall pay to the city, a yearly registration fee as set out in the approved schedule of fees. Each business registration and permit to operate shall expire December 31st of each year regardless of when the license was issued. All fees required by this article shall be credited to the general fund of the city and shall be used to defray the expense of administering this article.

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:

(a)   Nature of the business;

(b)   Location of the business;

(c)   Business phone number;

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

(e)   Approximate square footage of floor space in the business;

(f)   A listing of any and all types of combustible substances which are used or kept on the premises which might create a special fire fighting problem.

(g)   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.

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

(i)    For a Short-Term Residential Rental, as such term is defined in the Zoning Regulations, the following additional information:

(1)   The maximum occupancy of the rental unit, the number of bedrooms and bathrooms, the number of off-street and on-street parking spaces.

(2)   A drawing or sketch, drawn to scale of the property that shows: The property lines, all buildings and structures on the property, the location of the driveway and tenant parking areas, a floor plan that shows rooms, bathrooms, and bedrooms (with maximum occupancy limits), and the location of the smoke detectors and carbon monoxide detectors; and

(3)   Proof of ownership of the property.

(Code 2024)

(a)   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 director of public works 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.

(b)   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.

(c)   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.

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

The city clerk’s office shall issue a non-transferable registration and permit to operate certificate to each business upon confirmation from 1) the Director of Public Works 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.

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.

No person, firm, association, company, corporation or other entity shall engage in making or attempting to make door to door sales in the city without first receiving a permit from the city clerk for “Door to Door” Sales pursuant to Article 13 of this Chapter. If the applicant is also subject to the general business registration requirement set forth in this Article, the fee associated with obtaining the door-to-door sales permit shall be waived. If a business is required to obtain both permits, both permits must be obtained prior to any door-to-door sales occurring within the City. Processing fees as set out in Chapter 17 shall be due and payable at the time the application is submitted to the city clerk.

Any applicant for a Registration and Permit to Operate Certificate who has been administratively denied the issuance of such permit under the application procedures provided in this Code shall have a right of appeal from the denial to the Governing Body by filing a written request therefore with the city clerk. The notice of appeal must be filed with the city clerk within ten days of the denial of such application for certificate or such denial becomes final.

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:

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

(b)   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;

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

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

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

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

(g)   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;

(h)   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.

(a)   SUSPENSION. When, the Chief of Police can specifically articulate how 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.

(b)   APPEAL. Any person may appeal to the City Council the decision of the Chief of Police to temporarily suspend a registration and permit to operate certificate. The appeal must be in writing to the City Council and must be presented within ten days from the date of the suspension.

(c)   REVOCATION. It is vested in the City Council the right to permanently revoke any city issued permit of the business when after having a hearing requested by the Chief of Police, it is deemed detrimental to the public safety, peace, health or welfare; and the action of the city council shall be final.

All registration and permit to operate certificates issued pursuant to this Article shall be open and subject to inspection at all reasonable times by the proper officers of the city, under its police powers, in order for such officers to ascertain that persons conducting such trades, professions, businesses and occupations are complying with all of the police and health regulations of the city.

All permits not renewed within thirty days after the date of expiration shall pay a penalty, as set forth within 17-312 of this Code.

Any person who shall conduct, pursue or carry on or operate within the corporate limits of the city any calling, trade, profession or occupation for which a registration and permit to operate is required by this title or shall assist directly or indirectly in so doing in any manner or to any extent, either as owner or proprietor or as an officer of any corporation, or as manager, superintendent, agent, servant or employee of any person after such permit was required to have been obtained to conduct, pursue, carry on or operate such calling, trade, profession or occupation shall be deemed to do so unlawfully. Any person in violation of this Article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in any sum not less than fifty dollars nor more than one hundred dollars. Each day’s violation shall be a separate offense.

In addition the judge of the municipal court may direct the Chief of Police to post in a conspicuous place upon the property notice that the business is operating without a business permit and is ordered temporarily closed. The business shall be allowed to reopen upon complying with the terms of the judge’s orders and obtaining a valid permit.

In addition to the penalty described in this section seek any civil remedy necessary to enforce the provisions of this Article, including permanent closure of the business, and may seek to recover in civil action in any court of competent jurisdiction the amount of the fees associated with the business registration and permit to operate imposed by this Article, and no property of such debtor shall be exempt from forced sale under any process of the law for such indebtedness except such exemptions as are allowed by the Constitution of this State.