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Chapter 5.08 - Christmas Tree Sales

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).