Chapter 10 - Business Regulations & Licenses
BUSINESS REGULATIONS AND LICENSES
ARTICLE 1 - General Provisions
10.0101 Licenses
Unless otherwise specifically provided, licenses and permits required for the carrying on of a business or trade within the city shall be applied for, issued, terminated, and revoked according to the provisions of this article and the NDCC.
10.0102 Licenses - Applications
Any person desiring a license or permit under any ordinance of the city shall make a written application to the city therefor upon application blanks furnished by the city auditor and file the same with the city auditor, stating the propose for which the same is desired, for what length of time, and specifying the place where his business is to be carried on; if required to file a bond before being licensed he shall also name his proposed sureties on his bond in his application.
10.0103 Licenses - Granting
The city auditor shall receive applications for licenses and permits and grant the same in all cases where expressly authorized upon the terms and conditions specified by ordinance. If he shall not feel authorized to grant any particular application for license or permit for any purpose not named by ordinance, he shall report such application to the next meeting of the governing board for their action thereon.
10.0104 License - Term
1. No license or permit shall be valid until signed and sealed, nor shall any person be deemed licensed until a license shall be duly issued to him.
2. Each license shall be dated the day of issuance thereof; but if the applicant or applicants shall have been acting without a license, the license shall commence with the date business commenced; if the business calls for a yearly license then the license shall commence on the first day of July in the year for which the license shall be issued.
3. The date of issuance of the license, together with the time of commencing and expiration shall be given in the license and license record.
10.0105 Licenses - Not Transferable
No license or permit shall be assignable or transferable except by permission of the governing board. No person other than the person to whom the license is granted shall be authorized to do business or act under such license or at any other than the place specified therein.
The city may grant the continuance of the business licensed to any other portion of the city, such permission to be certified on the license by the city auditor. No license shall authorize any person to act under it at more than one (1) place at the same time, or at any other place than is therein specified. Whoever shall violate any of the provisions of this section shall be deemed to be acting without a license and shall be subject to the same penalty as prescribed for acting without a license.
10.0106 Licenses - Revocation
All license granted shall be subject to ordinances in force at the time of issuing thereof or which may be subsequently passed by the city's governing body. Any person who shall violate any provision of this article relating to his license may be proceeded against for any fine or penalty imposed thereby, and his license may be revoked or forfeited in the direction of the governing body or the court before which any action may be brought for the recovery of any fine or penalty.
Where not otherwise provided any license may be revoked by the city governing board at any time for cause. "Cause" shall include, but not be limited to, the following:
1. Violation of the laws of the State of North Dakota, or any of the ordinances of the city dealing with or pertaining to the business or trade licensed.
2. The willful making of any false statement as to a material fact in the application for license.
3. The death of a licensee.
4. When the licensee ceases business at the location licensed.
5. When the licensee ceases to be a legal and bona fide citizen of the State of North Dakota.
When the licensee is terminated or revoked for cause, the licensee or those claiming under him, shall not be entitled to any return of any portion of the license fee previously paid to the city.
10.0107 Licenses, Posting of
All licenses and permits issued by the city for the operation of any business establishment, trade or any part of the operation thereof shall be posted in a conspicuous place in the main business areas of the business establishment. Where badges representing permits or licenses are issued to be worn by an individual such licensee shall wear such badge during the normal course of employment for which said badge was issued.
10.0108 Licenses - Short Term
No license unless otherwise specified shall be issued for a fractional part of the year, but shall relate back if taken out subsequent to the first day of July of each year.
10.0109 Licenses - Enforcement
All city officials having duties to perform with reference to licensed premises, including all police officers, shall have authority to enter the licensed premises with or without a search warrant to check for violations of ordinances or state laws by the licensee.
10.0110 Licensee - Obligations to the City
No applicant shall be granted a license who is in default under the provisions of any city ordinance, or is indebted to obligate to the city, or is delinquent in the payment of any taxes in which the city shares.
10.0111 License to Sell Fireworks
Any person, firm or corporation desiring to sell combustible fireworks within the city limits of Lakota, North Dakota, shall pay a fee of Twenty-five Dollars ($25.00) and obtain a permit as prescribed and required by the City Council.
ARTICLE 2 - Solicitation Without Invitation Prohibited
10.0201 Solicitation Without Invitation Prohibited
The practice of going in and upon private residence or privately owned property in the city by solicitors, peddlers, hawkers, itinerant merchants, transient vendors of merchandise, photographers and magazine and periodical subscription agents, not having been required or invited to do so by the owner or owners, occupant or occupants of such private residences or private property, for the purpose of disposing of and/or selling or hawking the same, and for the purpose of soliciting subscriptions to magazines or periodicals and/or for the purpose of taking photographs is hereby declared to be a nuisance and unlawful.
10.0202 Enforcement
The chief of police and all police officers in the city are hereby required and directed to suppress the same and to abate any such nuisance as described in 2.0110.
ARTICLE 3 - Alcoholic Beverages
10.0301 Definitions
This article regulates the sale at retail of alcoholic beverages within the city of Lakota, North Dakota, providing for such sales at retail by duly licensed persons, establishing regulations for the operation of places where such alcoholic beverages are sold, providing regulations for the granting of license to sell alcoholic beverages at retail, fixing fees for such license, and providing penalties for the violation thereof.
All definitions relating to sale, disposal and consumption of alcoholic beverages shall be as defined by NDCC or any amendments or acts supplementary thereto.
10.0302 License Required
No person shall sell at retail within the city limits of this city any alcoholic beverage without first having obtained a license thereto as herein provided. This section shall not apply to public carriers engaged in interstate commence. This article shall not apply to wines delivered to priests, rabbis and ministers for sacramental use.
10.0303 License - Term of
All licenses issued hereunder shall be for a period of one (1) year and may be issued as commencing on July 1st or on January 1st.
10.0304 License - Fees
1. "On Sale" license shall be in the sum of One Thousand Two Hundred and no/100 Dollars ($1,200.00) and is payable at the time an application is filed with the City Council.
2. "Beer Only" license shall be in the sum of Two Hundred Fifty and no/100 ($250.00) Dollars and is payable at the time an application is filed with the City Council.
3. "On and Off Sale" license shall include a license to sell beer. The license fee is One Thousand Three Hundred and no/100 ($1,300.00) Dollars and is payable in two installments of $650.00 each, due and payable on January 1st or July 1st following the time the application is filed, whichever date occurs first.
4. "Off Sale" license shall be in the sum of Six Hundred Fifty and no/100 ($650.00) Dollars and shall include the sale of liquor and beer. Said license fee shall be payable at the time an application is filed with the City Council.
5. "On Sale Beer/Wine" license shall be in the sum of Four Hundred and no/100 ($400.00) Dollars and is payable at the time an application is filed with the City Council.
6. The license of any licensee who fails to pay any required license fee described above shall have his license revoked upon due notice from the City Council that said fee had not been paid.
7. Any licensee having an on sale liquor or beer license may apply to the City Council for a provision in their license for the right of an eating establishment to dispense and sell beer and wine in conjunction with the sale of prepared meals on Sunday between the hours of 12:00 noon and 9:00 p.m. for consumption only in that part of the eating establishment habitually used for the serving of prepared meals.
8. No license fee issued by the City Council shall be prorated to the licensee without approval of City Council.
As used in this article, "eating establishment" means a restaurant or other commercial establishment that is licensed to engage in the sale of alcoholic beverages at retail pursuant to the ordinances of the city and which derives 50% or more of its annual gross receipts from the sale of prepared meals and nonalcoholic beverages.
Where the City Council allows for the foregoing provision to be made in an on sale license, the licensee shall pay an additional annual fee of One Hundred ($100.00) Dollars.
10.0305 Hours and Time of Sale
The days and hours of sale shall conform to and be as provided by NDCC. No licensee, licensed pursuant to this ordinance shall sell, give away or permit to be consumed on the premises named in the license any alcoholic beverages at any other time.
10.0306 License Not Transferable
No license issued hereunder shall be transferable and no change of location shall be permitted without first making application and receiving the approval of the City Council thereof.
10.0307 License to be Issued to Whom
No license shall be issued to any applicant unless he is a legal and bona fide resident and citizen of the State of North Dakota. No license shall be issued to a person, co-partnership or corporation engaged in business as the representative or agent of another. A license may be issued only to the owner or owners of the business being conducted at the location for which license is sought. Further, no license shall be issued to any person under the age of twenty-one (21) years or to any person deemed by the City Council to be morally unfit to engage in the business for which a license is sought.
10.0308 Selling, Serving or Disposing Intoxicating Liquor and Beer
1. Any licensee who disposed alcoholic beverages to a person under twenty-one (21) years of age or who permits such a person to remain on the licensed premises while alcoholic beverages are being sold or displayed is guilty of a misdemeanor. Any person under twenty-one (21) years of age may remain in a restaurant where alcoholic beverages are being sold if accompanied by a parent or legal guardian, or if employed by the restaurant as a food waiter, food waitress, busboy, or busgirl under the direct supervision of a person over twenty-one (21) year of age, and not engaged in the sale, disposition, delivery, or consumption of alcoholic beverages. Any establishment where alcoholic beverages are sold may employ persons from eighteen (18) to twenty-one (21) years of age to work in the capacity of musicians under the direct supervision of a person over twenty-one (21) years of age.
2. Any person under twenty-one (21) years of age purchasing, attempting to purchase, or being in possession of alcoholic beverages, or furnishing money to any person for such purchase, or entering any licensed premises where such beverages are being sold or displayed, except a restaurant when accompanied by a parent or legal guardian, or in accordance with paragraph 1, is guilty of a misdemeanor.
3. Any person delivering alcoholic beverages to a person under twenty-one (21) years of age, an habitual drunkard, an incompetent, or an intoxicated person is guilty of a misdemeanor.
10.0309 Licensee Responsible for Conduct of Place of Business
Every licensee is hereby made responsible for the conduct of his place of business and is required to maintain order therein, and for the actions of any agent or employee.
10.0310 License to be Posted
The license issued to licensees hereunder shall be posted in a conspicuous place in the premises for which the license has been issued.
10.0311 Sanitary Requirements
All premises licensed pursuant to this ordinance must provide adequate and sufficient lavatories and toilets, separate ones for men and women, and meet such other health and sanitary regulations as may be determined by the City Council.
10.0312 Application
Any person desiring a license to sell intoxicating liquor and beer at retail, as hereinbefore described, shall make and file with the City Council , through the City Auditor, an application for such license accompanied by the fee as hereinbefore provided. Such application shall be verified by the person making the application. Such application shall be in the form and manner as provided by the City Council
10.0313 Termination or Revocation of License
Licenses issued pursuant to this ordinance shall be deemed cancelled, revoked, and terminated upon the happening of any one or more of the following contingencies:
1. The death of the licensee, unless upon application to the City Council, by personal representative of the decedent, the City Council shall consent to the carrying on of the business by the personal representative.
2. When the licensee ceases business at the locations licensed, unless a new location has been approved.
3. A license may not be renewed for operation on any premises for which city utility accounts or other financial claims by the city of Lakota are delinquent and unpaid.
4. When the licensee ceases to possess the qualifications required of an applicant for the license as set out in this ordinance.
5. When the licensee has been convicted of the violation of any provision of this ordinance or of a felony under the Laws of the United States or the State of North Dakota, or of any other State in the United States.
6. When the licensee ceases to be a legal bona fide resident and citizen of the State of North Dakota.
7. When the business of the licensee, at the location licensed, shall be conducted in violation of health or sanitary regulations or other ordinances of the City of Lakota.
8. When the licensee has made any false statement in his application for license.
10.0314 Police Powers Denied
This chapter is declared to be an exercise of police power directly affecting and designed to promote the peace, safety, public health and public morals and well being of the people of the City of Lakota.
10.0315 Saving Clause
If any portion of this chapter shall be judged unconstitutional or contrary to the laws of the State of North Dakota such section shall not invalidate the remaining portion of this ordinance, and it is hereby expressly declared that all of the remaining portions of this ordinance would have been adopted notwithstanding the invalid portion thereof and that such portion not declared unconstitutional or contrary to the Laws of the State of North Dakota shall remain in full force and effect.
10.0316 Penalty
Any person, co-partnership or corporation who shall violate any provisions of this chapter shall, upon conviction thereof, be penalized as provided for in City Ordinance 2.0110.
Ordinance 10.0401
PROHBITING THE OPERATION OF MARIJUANA
AN ORDINANCE PROHIBITING THE OPERATION OF MARIJUANA CULTIVATION FACILITY, MARIJUANA PRODUCT MANUFACTURING FACILITY, MARIJUANA TESTING FACILITIES, RETAIL MARIJUNA STORES.
- Marijuana Cultivation Facility—The operation of marijuana cultivation facilities authorized under North Dakota Law is prohibited within the city limits of Lakota, North Dakota.
- Marijuana Product Manufacturing Facility—The operation of marijuana product manufacturing facilities authorized under North Dakota Law is prohibited within the city limits of Lakota, North Dakota.
- Marijuana Testing Facilities—The operation of marijuana testing facilities authorized under North Dakota Law is prohibited within the city limits of Lakota, North Dakota
- Retail Marijuana Stores—The operation of retail Marijuana stores authorized under North Dakota Law is prohibited within the city limits of Lakota, North Dakota.