Chapter 8 – Licensing & Regulations Business & Trades

CHAPTER VIII

LICENSING AND REGULATING BUSINESS AND TRADES

ARTICLE I. GENERAL RULES

8-101 License; Application For

8-102 Same: Expiration and Period of

8-103 Same: Mayor, Authorized to Fix License Fees not Expressly Mentioned

8-104 Same: Not Transferable Without Approval

8-105 Same: Subject to Ordinances

8-106 Same: Chief of Police to Enforce ordinances in Relation to

8-107 Licenses; Rules to Govern

8-108 Same: Issuance of

8-109 Same: Payment of fee for

8-110 Same: Not to Issue Unless Real Property Taxes Paid

8-111 Proof That Real Property Taxes Paid, Necessary

8-112 Renewal of Licenses, Requirements to be Met

8-113 Requests for Licenses Outside Regular Meeting

ARTICLE II. BEER

8-201 Beer Defined

8-202 Who May Sell Beer

8-203 Person Defined

8-204 Retail Sale of Beer Defined

8-205 Unlawful to Sell Beer When

8-206 Sales to Certain Persons Unlawful

8-207 License; Transfer of Prohibited

8-208 License; Limited to One Location

8-209 Licenses; Termination, Suspension, and Revocation of

8-210 Same: Disposition of Fees For

8-211 Same: Issued to Owners Only

8-212 Same: Fee to be Paid in Full, When

8-213 Same: Short Term Fee

8-214 Same: City Auditor to Refund Fee if Application Denied

8-215 Same: Types to be Issued

8-216 “Off Premise” License, Application and Fee for

8-217 “On Premises” License, How obtained

8-218 Street Sale or Use Forbidden

8-219 Closed Booths, Enclosures, etc., Prohibited

8-220 Toilet Requirements in Establishments

8-221 Police Power Defined

ARTICLE III. INTOXICATING LIQUOR

8-301 Definitions

8-302 Intoxicating Liquor License; Required

8-303 Licenses to be Issued Hereunder

8-304 Application

8-305 Investigation of Fitness

8-306 License to be Issued to Whom

8-307 License Not to be Granted When Real Property Taxes Delinquent

8-308 Selling, Serving, or Dispensing Intoxicating Liquor

8-309 Persons Under Twenty-One Years of Age not Permitted on Licensed Premises

8-310 Hours and Time of Sale

8-311 Sales in Original Containers; Sale To Be Completed on Premises; Delivery Prohibited

8-312 Street Sale, Use and Consumption Restricted and Prohibited

8-313 Cabaret License

8-314 City Council to Approve Transfer of License and Location Changes

8-315 Persons Under Twenty-One Years of Age not to be Employed or Permitted; Exceptions

8-316 Licensee Responsible for conduct of Place of Business

8-317 Inspection of Premises to be Allowed Police Officers

8-318 License to be Posted

8-319 Limitation of Licenses

8-320 Liquor to be Purchased from Wholesalers Licensed by the State; Records to be Kept

8-321 Closed Booths, Enclosures, Etc., Prohibited

8-322 Licenses; Termination, Suspension and Revocation of

8-323 Disposition of License Fees

8-324 Sanitary Requirements

8-325 Proprietor of Unlicensed Premises Where Meals or Soft Drinks are Sold not to Allow Consumption of Liquor Therein

8-326 Persons in Unlicensed Premises Where Meals or Soft Drinks are Sold not to Consume Liquor Therein

8-327 Application of Article

ARTICLE IV. REGULATION OF TAXICABS

8-401 Taxicab Defined

8-402 Taxicab Business Defined

8-403 Application; License

8-404 Same: Minor

8-405 Same: Not Transferable

8-406 Same: Fee

ARTICLE V. TRANSIENT MERCHANTS

8-501 Definitions

8-502 License Required

8-503 Same: Application

8-504 License Fee: Bond, Amount of

ARTICLE VI. HAWKERS AND PEDDLERS

8-601 Solicitation of Orders, Peddling and Hawking Declared to be a Nuisance

8-602 Exceptions

8-603 Police Officers to Enforce

ARTICLE VII. CIRCUSES, CARNIVALS, EXHIBITIONS, AND PARADES

8-701 License Required for Circuses, Carnivals, Exhibitions

8-702 License Required for Use of Streets for Exhibitions, Parade, or Advertising

8-703 License Fees

8-704 License; How Issued

8-705 Same: Revocation of

ARTICLE VIII. HOUSE MOVING

8-801 House Moving, Permit Required

8-802 Permit Fee For

8-803 Removal of Wires, Cables, Pipes; By Whom, Notice of

8-804 Permit Required to Move Buildings That Will Injure Trees; Tree Trimming Cost to be Paid

8-805 Moving Buildings Across Tracks, When Permitted

8-806 Buildings in Streets, Lights Required

8-807 Notification To Police Department

8-808 Hours of Moving Operations; Building not to Stand on streets without Written Permission

ARTICLE IX. TRAILER PARKS AND TRAILER COACHES USED FOR RESIDENTIAL PURPOSES

8-901 Definitions

8-902 License

8-903 License Fees

8-904 Same: Disposition of

8-905 Application for License

8-906 Trailer Coach Park Plan

8-907 Location

8-908 Water Supply

8-909 Sanitation Facilities

8-910 Laundry Facilities

8-911 Sewage and refuse Disposal

8-912 Garbage Receptacles

8-913 Fire Protection

8-914 Animal and Pets

8-915 Register of Occupants

8-916 Revocation of License

8-917 Posting of License

8-918 Registration of Automobile Trailer Coaches Required

8-919 Permits and Permit Fees

ARTICLE X. PENALTY

8-1001 Saving Clause

8-1002 Penalty for Violation of Chapter

ARTICLE I.

GENERAL RULES

8-101. LICENSES: APPLICATION FOR. All applications for licenses to pursue any business or calling, etc., where a license is required, shall be made in writing to the Mayor and the City Council and shall be filed with the City Auditor. The applicant shall at the time of filing his application deposit with the City Auditor the amount of the license fee required, if any. At the next regular meeting of the City Council, the City Auditor shall lay such application before it. If such application is granted and the bond approved by the City Council the City Auditor shall issue the license accordingly. If such application is refused, the license money deposited with the City Auditor shall be refunded to the applicant.

8-102. SAME: EXPIRATION AND PERIOD OF. No license shall be granted for a period longer than one (1) year, except as herein provided, and all yearly licenses shall commence on the first day of January in each year and expire on the last day of December in each year, except in the instance of a liquor license which is herein separately provided for; and, except in such other instances which may be specially provided for; and all licenses shall be signed by the City Auditor under the corporate seal. No license shall be valid until so signed and sealed nor shall any person be deemed licensed until a license shall be duly issued to him. Each license shall be dated the day of the issuance thereof; but if the applicant or applicants shall have been acting without a license, the license shall commence with the date the business commenced, and if the business calls for a yearly license, then in that case the license shall commence on the first day of January in the year for which the license shall issue, and the date of issuance of the license, together with the time of commencing and expiration shall be given in the license and license record.

8-103. SAME: MAYOR, AUTHORIZED TO FIX LICENSE FEES NOT EXPRESSLY MENTIONED. The Mayor is hereby authorized and empowered whenever in his judgment any calling, vocation or business not expressly named herein ought to be required to obtain a license for such calling, vocation or business, and fix the amount thereof, and the sum so fixed by him shall be paid for any such license and such license shall be issued in the manner herein provided.

8-104. SAME: NOT TRANSFERABLE WITHOUT APPROVAL. No license shall be assignable or transferable except with the express prior approval of the City Council and Mayor; nor shall any person be authorized to do business or act under such license except the person to whom it is granted, or at any place other than the place specified therein, unless said change is first approved by the City Council and Mayor. The permission for any such changes in location of a licensed business shall be certified in such 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.

8-105. SAME: SUBJECT TO ORDINANCES: All licenses granted shall be subject to the ordinance in relation to licenses, which may be in force at the time of issuing thereof, or which may be subsequently passed by the City Council; and if any person shall violate any provision of an ordinance relating to his license, he may be proceeded against for any fine or penalty imposed thereby, and his license may be revoked, or forfeited in the discretion of the Mayor and City Council, or of the court before which any action may be brought for the recovery of any fine or penalty.

8-106. SAME: CHIEF OF POLICE TO ENFORCE ORDINANCES IN RELATION TO. The Chief of Police shall enforce all ordinances in relation to licenses, and shall from time to time examine the license record on file in the City Auditor’s office and shall prosecute all persons who shall be acting without license and refusing to comply with the provisions of the ordinance in relation to taking out a license. Said Chief of Police shall collect from said persons the sum which may be taxed for their license, and his receipt shall be good to the extent and purport thereof; but no person shall be considered licensed until license shall be issued in due form as required hereby.

8-107. LICENSES: RULES TO GOVERN. Unless otherwise specifically provided, licenses required for carrying on of a business or trade within the City of Lisbon shall be applied for, issued, terminated and revoked according to the provisions of this article,

8-108. SAME: ISSUANCE OF. If it shall appear that the applicant is entitled to a license, the City Auditor shall issue a license signed by the City Auditor. Licenses shall be issued from a bound book and shall be consecutively numbered. Each license in such book shall have a stub attached thereto upon which the substance of the license shall be entered. Upon surrender or cancellation of a license, the fact that it has been surrendered or cancelled shall be entered by the City Auditor on the stub from which it was detached.

8-109. SAME: PAYMENT OF, FEE FOR. No license shall be issued until the fee prescribed therefore has been paid to the City Auditor. The amount paid and the date thereof and the term for which the license was issued shall be shown on each license.

8-110. SAME: NOT TO ISSUE UNLESS REAL PROPERTY TAXES PAID. Whenever, pursuant to any ordinance of the City of Lisbon, now existing or which may hereafter be enacted, a license is required to be obtained from the said City for the conduct of any business, trade, or occupation or for any other purpose except dog licenses, no license shall be issued to any person firm or corporation until such person, firm, or corporation shall have paid all delinquent and current real property taxes owing by such person, firm, or corporation to the County of Ransom in the State of North Dakota.

8-111. PROOF THAT REAL PROPERTY TAXES PAID, NECESSARY. Such applicant for license shall, at the time of making his application for such license, furnish to the City Auditor of the City a receipt showing that all such taxes have been paid, executed by the County Treasurer, the Sheriff or the County Auditor Ransom County or a statement from such officials from one (1) of them to the effect that all such taxes have been paid.

8-112. RENEWAL OF LICENSES, REQUIREMENTS TO BE MET. When any person, firm, or corporation has heretofore been issued a license pursuant to any ordinance of the City and such person, firm, or corporation desires to renew such license as provided by the ordinance requiring said license, such person firm or corporation shall furnish and file like information as required by Section 8-111 thereof and no license shall be renewed unless the applicant for such license has paid all delinquent and current property taxes assessed against such applicant in Ransom County, North Dakota.

8-113. REQUESTS FOR LICENSES OUTSIDE REGULAR MEETING. All applications for licenses under Article One, Two, and Three of Chapter Eight relating to beer and intoxicating liquor shall bear an additional fee of $100.00 in addition to any other fee charged under this chapter or any other chapter when said matter is brought before the City Council in any manner other than its regular meeting held on the first Monday of each month as provided by Section 2-401 of the Lisbon Revised Ordinances of 1984. This fee shall be applicable to all licenses issued regarding the consumption of beer or intoxicating liquor and is specifically enacted to include off premise permits. (Ord 92-3)

ARTICLE II

BEER

8-201. BEER DEFINED. The term beer as used in this chapter shall be construed to be a beverage of such alcoholic content as is now or may be hereafter defined by the act of Congress of the United States as beer.

8-202. WHO MAY SELL BEER. Any person, limited liability company, corporation, partnership or association having a legal or bona fide residence in or being licensed or authorized to do business in the State of North Dakota, and engaged in any legitimate and lawful business, and being a person of good moral character, may engage in the retail sale of beer as described herein in the City of Lisbon, and under such further restrictions as may be hereinafter provided. In the case of a limited liability company, at least one member or the manager of the business must be a resident of North Dakota. In the case of a corporation, at least one officer or the manager of the business must be a resident of North Dakota. In the case of a partnership, at least one partner and the manager of the business must be a resident of North Dakota. In the case of an association, at least one officer or the manager of the business must be a resident of North Dakota. (Ordinance No. 2018-3)

8-203. PERSON DEFINED. The term “person” shall mean every natural person, firm, partnership, association or corporation.

8-204. RETAIL SALE OF BEER DEFINED. The term “retail sale of beer” is hereby defined to include all sales of beer except sales made for purpose of lawful resale.

8-205. UNLAWFUL TO SELL BEER WHEN. It shall be unlawful for any person, as defined in section 8-301(1) of these revised ordinances, to sell, exchange, dispense, or keep for sale any beer as defined in this Article, without first having obtained a license to do so.

No licensee pursuant to this ordinance shall dispense, or permit the consumption of beer on the premises named in the license, or otherwise, between two a.m. and twelve noon on Sundays, between the hours of two a.m. and eight a.m. on all other days of the week, or on Christmas Day or after six p.m. on Christmas Eve. In addition, a person may not provide off sale after one a.m. on Thanksgiving Day. (Ordinance 2006-3)

8-206. SALES TO CERTAIN PERSONS UNLAWFUL. No retailer of beer shall be permitted under the provisions of this article to sell beer to a minor, incompetent person, or a person who is an inebriate or habitual drunkard; nor shall any such retailer permit such beer to be served, given to, or consumed by any such person upon the premises licensed.

8-207. LICENSE: TRANSFER OF PROHIBITED. No license issued under the provisions of this article shall be assignable or transferable without first making application to and receiving the approval of the City Council of the City of Lisbon to such transfer. Such application shall be accompanied by the application of the proposed transferee of such license, for a beer license on a form approved by the City of Lisbon.

8-208. LICENSEE LIMITED TO ONE LOCATION; SALE TO BE COMPLETED ON PREMISES; DELIVERY PROHIBITED; EXCEPTIONS. No license to sell beer under the provisions of this article shall entitle the holder thereof to carry on such business at more than one (1) location under any one license, and each license shall contain the legal description of the place where the holder thereof operates his business. No person shall be employed in the sale of such beer who is under the age of 21 years. The City Council of the City of Lisbon may by special permit authorize an on sale, off sale, or on or off sale alcoholic beverage licensee to engage in the sale of beer at special events on licensed premises as may be designated by the permit. The fee for such permit to the City of Lisbon shall be $ NONE. The permit shall be valid for not more than three (3) consecutive days. The description of the licensed premises for the special event shall be specifically set forth in the application; the beer shall not be dispensed in the original container; the sales for the special permit shall be on sale only.

All sales of beer made by a licensee shall be completed upon the licensed premises by the delivery of the beer sold to the purchaser upon said premises. No delivery shall be made by any person holding a license to any person or premises other than the premises licensed hereunder. (Ord 1990-2)

8-209. LICENSES: TERMINATION, SUSPENSION AND REVOCATION OF. All licenses issued under the provisions of this article, unless otherwise specifically provided, shall terminate on December 31st next following the date of issuance, or at such earlier date as may be required by reason of the revocation of such license for cause, which shall include among other grounds the following:

The death of the licensee.

When the licensee ceases business at the location licensed.

When the licensee be adjudged bankrupt.

When the licensee, if an individual, or one of the partners if the licensee be a partnership, or one of the officers, if the licensee be a corporation, or the individual in active management of the business, be convicted of violating any of the provisions of this article.

When the licensee ceases to be a legal and bona fide resident and citizen of the State of North Dakota and/or the County of Ransom.

When the license or permit of the licensee from the United States government or the State of North Dakota to sell beer at the location licensed has terminated or been revoked.

When the licensee has been convicted of a felony under the laws of the United States, or under the laws of one of the several states.

When the business of the licensee, at the location licensed, shall be conducted in violation of the health or sanitary regulations or other ordinances of the City of Lisbon.

when the licensee has made any false statement in his application for a license.

The City Council, in its discretion, for any cause, may by written notice to licensee suspend the license and shall present its reason or reasons thereof at a hearing thereon held at its next regular meeting thereafter, at which time licensee may appear and be heard if he so desires; the Council shall then either lift said suspension, continue the suspension, or revoke the license.

Such causes as hereinbefore enumerated and described shall not be deemed to be exclusive; and such license may be terminated at any time by the City Council of the City of Lisbon, and the said license revoked for any cause deemed by said City Council to be sufficient cause, and justified by reason of public health or public morals. When any license is suspended, terminated or revoked for cause, or the licensee voluntarily ceases business, the license fee previously paid shall be prorated on a monthly basis, with any portion of a month constituting a full month, and that part of the yearly license fee allocated to months when said licensee was not using or will not use said license shall be returned to said licensee; provided, however, that a $100.00 transfer fee shall be retained by the City of Lisbon from the amount to be returned to the licensee, unless said fee is waived by the City Council. If the amount to be returned to the licensee is less than $100.00, the transfer fee shall be that lesser amount. If said licensee is simultaneously to receive a return of license fees paid for an intoxicating liquor license, only one transfer fee shall be charged of said licensee.

8-210. SAME: DISPOSITION OF FEES FOR. All license fees collected by the City Auditor shall be credited to the current fund (general) of the City.

8-211. SAME: ISSUED TO OWNERS ONLY. No license shall be issued to any person, firm, or corporation engaged in business as the representative or agent of another. The license may be issued only to the owner of the business being conducted at the location sought to be licensed.

8-212. SAME: FEE TO BE PAID IN FULL, WHEN. The annual license fee provided for in sections 8-216 and 8-217, as the case may be, shall be paid in full at the time of filing of the application.

8-213. SAME: SHORT TERM FEE. The annual license fee provided for in 8-216 and 8-217 shall not be pro-rated by the month in the case of a licensee who obtains a license after the beginning of a calendar year, or in the case of a licensee who ceases business before the end of a calendar year. (Ordinance No. 2017-6)

8-214. SAME: CITY AUDITOR TO REFUND FEE IF APPLICATION DENIED. If the application for a license provided in this article be denied, the City Auditor shall return to the applicant on demand the amount deposited by the applicant with such City Auditor as a license fee.

8-215. SAME: TYPES TO BE ISSUED. There shall be issued by the City of Lisbon two kinds of beer licenses, namely: “On and Off” Premises, or “Off” Premises.

8-216. “OFF” PREMISES LICENSE, APPLICATION AND FEE. Any person, firm, or corporation within the class defined in Section 8-202, may obtain a license to sell beer within the City by executing under oath and filing with the City Auditor a written application therefore on forms provided by the City Auditor setting forth the name, citizenship and place of residence of the applicant and the legal description of the premises where it is proposed to sell. The application must also show the age of the applicant, if an individual, and the name, place of residence, citizenship, and age of each partner, if the applicant is a partnership. If the applicant be a corporation, the applicant must show the name and address of each officer together with the date of the charter and the state of incorporation. There shall also be incorporated in such application the following words:

“The applicant herein does hereby consent that the Mayor or any police officer of the City or any persons duly authorized by the City Council may enter upon the premises described in this application at any hour of the day or night, and that they shall have free access for the purpose of inspecting said premises and the records of this applicant relating to the purchase and sale of beer, and applicant does hereby waive any and all rights that he may have under the Constitution of the United States or the Constitution of the State of North Dakota relative to searches and seizures without issuance of a search warrant, and the applicant does hereby agree that such immunities will never be claimed by him, and that such search and inspection may be made at any time without a search warrant.” The applicant shall also furnish as part of the application satisfactory proof that the applicant is duly authorized to sell beer at the location stated pursuant to the license or permit from the State of North Dakota. The application shall be accompanied by a license fee in an amount established by Resolution of the City Council and on file in the office of the City Auditor. If approved by the City Council, the City Auditor shall issue the applicant a receipt showing the date and amount paid and by when and for what location, which shall constitute the license. The license must be displayed at all times in a prominent place on the premises described therein. Each license must be given an identification number and a permanent record thereof must be kept by the City Auditor showing the name and address of the licensee and the legal description of the place licensed. The serving or consumption of beer on the premises licensed is declared to be unlawful unless the licensee thereof obtains an “On Premises License” as provided in the next section. (Ordinance No. 2017-7)

8-217. “ON PREMISES” LICENSE – HOW OBTAINED. If the licensee in Section 8-216 desires to dispense or permit the consumption of beer on the premises named in the license, such licensee shall so state in the application and shall pay an additional fee in an amount established by Resolution of the City Council and on file in the office of the City Auditor. The license issued by the City Auditor shall indicate the class of license issued. (Ordinance No. 2017-7)

8-218. STREET SALE OR USE FORBIDDEN. The sale, serving, or consumption of beer as defined in this article upon or across any streets, alleys or public way is prohibited.

8-219. CLOSED BOOTHS, ENCLOSURES, ETC., PROHIBITED. No licensee shall construct, place, maintain or suffer to be constructed, placed or maintained any side room, any closed booth, or other enclosure in any part of such place of business for which license has been issued, and all booths within said premises shall open into the main part of said room and shall be accessible from the aisles therein, and no booth shall be more than fifty- two (52) inches high, nor have thereon any screen, curtain, partition, blind or obstruction of any kind preventing a clear view into the said booth from the main room or aisle of the said premises. Such licensee shall at all times maintain the interior of said premises in a clean and sanitary condition and conduct and maintain his business in a clean, orderly and respectable manner.

8-220. TOILET REQUIREMENTS IN ESTABLISHMENTS. The premises where license is granted must be equipped with adequate and sufficient lavatories and toilets, separately maintained for men and women, and kept in a clean and sanitary condition. The license may be revoked where the foregoing requirement or any other health ordinance or regulation is not, at all times, strictly observed.

8-221. POLICE POWER DEFINED. This article is declared to be an exercise of the police power directly affecting and designed to promote the peace, safety, good order, health, and well-being of the people of this City, and shall apply to all territory within the corporate limits of this City, and to such outlying contiguous territory without the corporate limits within which the City may exercise police jurisdiction as defined by law.

ARTICLE III

INTOXICATING LIQUOR

8-301. DEFINITIONS.

The word “person,” whenever used in this article, shall mean any individual, limited liability company, corporation, partnership, or association which is a legal or bona fide resident of the State of North Dakota, or authorized to do business in the State of North Dakota, and engaged in any legitimate and lawful business. In the case of a limited liability company, at least one member or the manager of the business must be a resident of North Dakota. In the case of a corporation, at least one officer or the manager of the business must be a resident of North Dakota. In the case of a partnership, at least one partner and the manager of the business must be a resident of North Dakota. In the case of an association, at least one officer or the manager of the business must be a resident of North Dakota. (Ordinance No. 2018-4)

Intoxicating Liquor and Liquor. The terms “intoxicating liquor” and “liquor” whenever used in this article shall mean and include such alcohol or alcoholic beverages as defined by Title 5 of the North Dakota Century Code or any amendments or acts supplementary thereto.

Sale and Sell. The terms “sale” and “sell” shall mean and include all barters, and all manners or means of furnishing of intoxicating liquor or liquors, including the selling, exchange, barter, disposition of, and keeping for sale of such intoxicating liquors.

Package and Original Package. The terms “package” and “original package” shall mean and include any container or receptacle holding liquor, which container or receptacle is corked or sealed by the manufacturer thereof and which cork or seal has not been removed or broken prior to the sale of such package to the consumer.

On-Sale. The term “on-sale” shall mean the sale of liquor for consumption on the premises where sold only, and an “on-sale” license shall authorize the persons named therein to conduct such on-sales at the place designated in such license and not elsewhere.

Off-Sale. The term “off-sale” shall mean the sale of liquor in original packages for consumption off or away from the premises where sold, and an “off-sale” license shall authorize the persons named therein to conduct such off-sales at the place designated in such license and not elsewhere.

Retailer. The term “retailer” for the purpose of this article shall be deemed to mean and include any person engaged in the sale and distribution of liquor under any type of license except a wholesale license.

Wholesaler. The term “wholesaler” for the purpose of this article shall be deemed to mean and include any person engaged in the sale and distribution of intoxicating liquor within the State of North Dakota or for the sale and distribution of intoxicating liquor in interstate commerce, and which wholesaler has been duly licensed under the provisions of Title 5 of the North Dakota Century Code, and any amendments or acts supplementary thereto.

Sparkling Wine and Wine. The terms “sparkling wine” and “wine” whenever used in this article shall mean and include such alcohol or alcoholic beverages defined by Title 5 of the North Dakota Century Code or any amendments or acts supplementary thereto. (Ord. 1995-1).

8-302. INTOXICATING LIQUOR LICENSE: REQUIRED. No person as defined in this article shall sell, exchange, dispose of or keep for sale any intoxicating liquor as defined herein and as defined in Title 5 of the North Dakota Century Code, without first having obtained a license therefore.

8-303. LICENSES TO BE ISSUED HEREUNDER. Licenses to be issued hereunder shall be of two kinds as follows, to-wit:

Wholesaler’s licenses and retailer licenses. The fee for a wholesaler’s license shall be an amount established by Resolution of the City Council and on file in the office of the City Auditor, payable at the time of the issuance of the license.

Retail licenses shall consist of four kinds, to-wit: an “on and off sale” license, an “on-sale” license, an “on-sale club” license, and an “on-sale sparkling wine and wine” license.

The license fee for an “on and off sale” license shall be an amount established by Resolution of the City Council and on file in the office of the City Auditor. The license fee for an “on-sale” license shall be an amount established by Resolution of the City Council and on file in the office of the City Auditor. The license fee for an “on-sale club” license shall be an amount established by Resolution of the City Council and on file in the office of the City Auditor. And the license fee for an “on-sale sparkling wine and wine” license shall be an amount established by Resolution of the City Council and on file in the office of the City Auditor.

All licenses may be issued for a term less than one year. If an application is made for any of these licenses for a term of less than one year, the required fee shall be prorated on a monthly basis, plus a transfer fee set by the City. The licensee shall pay for all months during which the license is in effect, and any portion of the month constitutes a full month for the purposes of this section.

The “sparkling wine and wine” license shall only be issued in conjunction with a beer license as provided in Chapter 8, Article 2.

When any licensee voluntarily ceases business, the license fee previously paid shall be prorated on a monthly basis, and a refund issued for the months the licensee is not in business. (Ordinance No. 2017-8)

8-304. APPLICATION. Any person desiring to sell intoxicating liquor at wholesale or retail as hereinbefore described shall make and file with the City Council of the City of Lisbon, North Dakota, 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. If the applicant is a corporation, it shall be verified by the president and secretary of said corporation; if an individual, by such individual; and if a partnership, by each member of said partnership. The following information, together with such information as may from time to time be required by the City Council of said City, shall be contained in such application:

(a) The name of the applicant. If the applicant is a corporation, the name and address of all persons holding one percent (1%) or more of the stock in said corporation; if the applicant is a partnership, the name and address and place of residence of each member of said partnership and any persons having any financial interests therein.

(b) Whether the applicant is a citizen of the United States, and if a naturalized citizen, the date and place of naturalization. Whether the applicant is a resident of the State of North Dakota and the place of residence of the applicant for a period of one year last preceding the date of application. If the applicant is a corporation, the date of incorporation, the State where incorporated, the amount of the authorized capital, the amount of the paid in capital, whether such corporation is a subsidiary of any corporation and if so, the name of the parent corporation, the purpose for which said corporation was incorporated, the names and addresses of the officers, directors, and managing agents of said corporation, and the names and addresses of all stockholders holding one percent (1%) or more of the capital stock of such corporation.

(d) The name and address of the owner of the premises for which license is sought and if the license is sought by a person other than the owner of said premises, the terms of the lease under which said applicant holds possession of the premises, insofar as the terms of such lease and the rental to be paid therefore are concerned. The applicant shall when required by the City Council of the City of Lisbon furnish to said City Council a copy of the lease under which he holds possession of said premises. If the license is sought by the owner of the premises sought to be licensed, the applicant shall state the time when such applicant acquired title thereto.

(e) Whether the taxes on such property are delinquent.

(f) Whether the applicant has ever engaged in the sale or distribution of liquor prior to this applicant, and if so, the date and type of business and the place where so engaged, whether within or without the State of North Dakota. If the application is for a renewal license, the date the applicant first began to operate; provided however, that this provision shall not apply to a license first issued hereunder.

(g) Whether the applicant has ever had a license revoked or canceled by any municipal, state or federal authority, and if so, the date of such cancellation, the place and authority canceling the same and the reason for such cancellation.

(h) Whether the applicant has ever been convicted of the violation of any law of the United States or of any state or of the violation of any local ordinance with regard to the manufacture, sale, distribution or possession of intoxicating liquor, and if so, the dates, names of places and courts in which said convictions were had.

(i) Whether the applicant has ever had a license for the sale of intoxicating liquor revoked for any violation of state laws or local ordinances, and if so, the names of the bodies revoking such license, the dates of such revocations and the reasons therefore.

(j) Whether the applicant has ever been convicted of any crime other than stated in sections (h) and (i) hereof, in this or any other state or under any federal law, and if so, the date of such conviction, the name of the crime for which convicted, the amount and terms of sentence passed and the court in which convicted.

(k) The name and address as hereinbefore provided for all partners, all members of said partnership having any financial interest in the said business, silent or otherwise, and the name and address of the person who will have charge, management, or control, of the establishment for which license is sought.

(l) Whether any other person than the applicant has any right, title, estate, or interest in the leasehold or in the furniture, fixtures or equipment in the premises for which license is sought and if so, the name and address of such person, together with a statement of the interests so held.

(m) Whether the applicant has any agreement, understanding or intention to have any agreement or understanding with any person, partnership or corporation to obtain for any other person or to transfer to any other person this license or to obtain it for any other than the specific use of the applicant, and if so, the names and addresses of such persons and the conditions of such agreement.

(n) Whether the applicant has any interest whatsoever, directly or indirectly in any other liquor establishment, either at wholesale or retail, within or without the State of North Dakota, and if so, the names and addresses of such establishments. This provision is meant to include the holders of capital stock in any corporation dealing in liquor either at wholesale or retail and within the borders of the United States.

(o) The occupations which the applicant has followed during the past five years.

(p) The names and addresses of at least three business references and a brief statement of the nature and extent of the business relations with each.

(q) Whether the applicant is rated by any commercial agency, and if so, the name and address of said agency.

(r) Whether the applicant is engaged in any other business or intends to engage in any other business than the sale of liquor under the license applied for; if so, the type of business and the name and address of employer.

(s) The classification of licenses applied for, whether, “wholesale,” “on- and off-sale,” “on-sale club,” or “on-sale.”

(t) Whether or not the personal property taxes of the applicant are delinquent, and if a partnership, whether or not the personal property taxes of each member of the partnership and each person financially interested therein are delinquent, and whether or not the personal property taxes levied against the property to be used in conducting the business are delinquent.

(u) The applicant agrees that any off-sale license issued under and by virtue of this application may be cancelled by the giving of a thirty-day written notice to applicant, served on him personally or on anyone in charge of his liquor store, or posted on the front door thereof, in the event it is determined that the City of Lisbon may legally open and operate a municipal liquor store.

8-305. INVESTIGATION OF FITNESS. The City Council of the City of Lisbon or such other person or officer as may be designated by said City Council shall, upon the application being filed, investigate the facts as stated in the application and the character, reputation, and fitness of the applicant. If such investigation is made by a person other than a member of the City Council, he shall report all such matters to the said City Council.

8-306. LICENSES TO BE ISSUED TO WHOM. No license shall be issued to any applicant unless he is a legal and bona fide resident of the State of North Dakota or has been licensed or authorized to do business in the State of North Dakota, prior to the filing of the application. No license shall be issued to any person, limited liability company, 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 the license is sought.

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 of the City of Lisbon to be morally unfit to engage in the business for which the license is sought. (Ordinance No. 2018-4)

8-307. LICENSE NOT TO BE GRANTED WHEN REAL PROPERTY TAXES DELINQUENT. No license shall be granted either for “wholesale” or “off-sale” of intoxicating liquor to any person, as defined in this ordinance, where the real property taxes on such property to be used in such business for which license is sought are delinquent, or where the individual, member of a partnership, any person financially interested in such business, or any person owning stock in a corporation seeking the license has delinquent property taxes on any property owned by such person or persons.

8-308. SELLING, SERVING OR DISPENSING INTOXICATING LIQUOR. No licensee, his agent or employee, shall sell, serve or dispense any intoxicating liquor to any habitual drunkard, person under guardianship or to any person under twenty- one (21) years of age. No licensee shall permit any person under twenty-one (21) years of age to be furnished with any liquor on the premises for which license is granted or elsewhere under any license pursuant to this ordinance. No person under twenty-one (21) years of age shall purchase, attempt to purchase, receive or drink any intoxicating liquor in any public place or on any street or alley or park or business place within the city limits of the City of Lisbon. No licensee, his agent or employee, shall knowingly sell, serve, or dispense any intoxicating liquor to any habitual drunkard or person under guardianship, nor after written notice of such habitual drunkenness or guardianship by a parent, husband, wife, child, guardian, master or employer, nor to any habitual drunkard after written notice by the Mayor or Chief of Police of the municipality in which such habitual drunkard resides, within one (1) year after such notice in case of any habitual drunkard, and in other cases during the continuance of the guardianship of such persons. Whosoever shall in any way procure or furnish liquor for the use of any person heretofore in this section named shall be deemed to have sold it to such person and to have violated the terms and conditions of this ordinance.

8-309. PERSONS UNDER TWENTY-ONE YEARS OF AGE NOT PERMITTED ON LICENSED PREMISES. No person under twenty-one (21) years of age shall be permitted to enter any establishment selling, serving or dispensing intoxicating liquor, under a license issued by the City of Lisbon, except as provided in Section 8-315.

8-310. HOURS AND TIME OF SALE. It shall be unlawful for any person, as defined in Section 8-301(1) of these revised ordinances, to sell, exchange, dispense, or keep for sale any intoxicating liquor as defined in this Article, without first having obtained a license to do so.

No licensee pursuant to this ordinance shall dispense or permit the consumption of alcoholic beverages on the premises named in the license or otherwise, between two a.m. and twelve noon on Sundays, between the hours of two a.m. and eight a.m. on all other days of the week, or on Christmas Day or after six p.m. on Christmas Eve. In addition, a person may not provide off sale after one a.m. on Thanksgiving Day. (Ordinance 2006-4)

8-311. SALES IN ORIGINAL CONTAINERS; SALE TO BE COMPLETED ON PREMISES; DELIVERY PROHIBITED; SPECIAL EVENT PERMITS. No person holding a license hereunder shall permit the sale of intoxicating liquor in its original container upon the licensed premises unless said original container is removed from the licensed premises prior to being opened and prior to the seal thereon being broken. All sales of intoxicating liquor made by a licensee shall be completed upon the licensed premises by the delivery of the intoxicating liquor sold to the purchaser upon said premises. No delivery shall be made by any person holding an “off-sale” license to any person or premises other than that licensed hereunder.

The City Council of the City of Lisbon may by special permit authorize an on sale, off sale, or on or off sale alcoholic beverage licensee to engage in the sale of beer and liquor at special events on licensed premises as may be designated by the permit. No special event permit shall be authorized unless the licensee holds a City of Lisbon beer or liquor license, except as authorized in the following paragraph. The fee for such permit to the City of Lisbon shall be NONE, except as specified in the following paragraph. The permit shall be valid for no more than seven (7) consecutive days. The description of the licensed premises for the special event shall be specifically set forth in the application, and the sales for the special permit may be both on and off sale.

A domestic winery may conduct eight trade shows, conventions, festivals, private parties, or similar events each year without obtaining a retail liquor license from the city subject to the following conditions:

The domestic winery is licensed by the State Tax Commissioner pursuant to NDCC Section 5-01-17.

The event is approved by the State Tax Commissioner.

Each domestic winery shall be allowed eight events each year, and the fee for each event permit shall be $25.00.

The domestic winery and the event are in compliance with all of the provisions of NDCC Section 5-01-17.

A $100.00 additional fee shall be paid for all special event permits for which a special meeting is called for approval. (Ordinance No. 2015-1).

8-312. STREET SALE, USE AND CONSUMPTION RESTRICTED AND PROHIBITED. The sale, serving, or consumption of intoxicating liquor as defined in this ordinance upon or across any street, alley, public walk, park, or automobile in the City of Lisbon shall be deemed to be illegal and in violation of this ordinance and is hereby prohibited; except that intoxicating liquor may be consumed in the City Park from 8:00 o’clock a.m. to 10:00 o’clock p.m.; on the Ransom County Fairgrounds at any event specifically approved by the Ransom County Fair Board, with the time to be set by the Fair Board, but not to begin before 8:00 o’clock a.m. or to extend beyond 11:00 o’clock p.m.; and at any street dance from 8:00 o’clock a.m. to 1:00 o’clock a.m. as may be specifically permitted and approved by the City Council. (Ord. 1998-4).

8-313. CABARET LICENSE

(1) DEFINITIONS.

Entertainment – shall be defined for purposes of this Ordinance to mean all forms and types of performing or entertaining for patrons on licensed premises without regard to whether such entertainment is provided by means of live performances or manually operated, electronic systems designed for stereophonic playback of prerecorded signals; provided, however, that entertainment shall not be deemed to include the use of any television, radio or coin operated music machine.

Live performances – shall be defined for the purpose of this Ordinance to mean any person who for consideration, monetary or otherwise, performs in person on a licensed premise as a singer, musician, dancer, comedian, model, or any other type of entertainer.

(2) No licensee under this Chapter shall permit entertainment for more than two days a week any given week without first having obtained a cabaret license as hereinafter provided.

(3) The license fee for a cabaret license shall be $250.00 per year.

(4) The license fee set forth in subsection (3) of this Section shall be for a period of one year from January 1 to December 31 and shall be payable in advance at the time of the issuance of the license and thereafter, on or before December 10 of each subsequent year for renewal of said license.

(5) The application for cabaret license shall be made by the licensee on forms provided by the City Auditor’s office of the City of Lisbon. The granting of a cabaret license shall be subject to the approval of the Council and it may be suspended or revoked in conformance with procedures established under Section 8-322.

(6) No live performances are permitted on a licensed premise which contain any form of dancing. Such prohibition on dancing does not include the incidental movement or choreography of singers or musicians which are made in connection with their singing or playing of a musical instrument. This restriction applies to all licensed premises whether or not they have a cabaret license.

(7) No live performances are permitted on a licensed premise which involve the removal of clothing, garments, or any other costume. Such prohibition does not include the removal of headwear or footwear; or the incidental removal of a tie, suitcoat, sportcoat, jacket, sweater, or similar outer garment. Incidental removal for purposes of this section shall mean the removal of a garment or article of clothing which is not a part of the act or performance. This restriction applies to all licensed premises whether or not they have a cabaret license.

(8) No entertainment on a licensed premise shall contain:

(a) The performance of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;

(b) The actual or simulated touching, caressing or fondling of the breasts, buttocks, anus or genitals;

This restriction applies to all licensed premises whether or not they have a cabaret license.

(9) A licensee shall have the duty and responsibility to make available for inspection by a member of the Lisbon Police Department an identification card, such as a driver’s license, containing a photograph and the age of all entertainers or performers on the licensed premise. The licensee shall not permit a person to make a live performance on the licensed premise if the licensee is not able to obtain the required identification from the performer.

(10) If any section, subsection, sentence or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. (Ord. 2004-8).

8-314. CITY COUNCIL TO APPROVE TRANSFER OF LICENSE AND LOCATION CHANGES. No license issued hereunder shall be transferable and no location change permitted without first making application to and receiving the approval of the City Council of the City of Lisbon to such transfer of license or location change.

The application for permission to transfer a license by holder thereof, shall be accompanied by the application of the proposed transferee and by a bond, as required in this ordinance for an original application for a license.

8-315. PERSONS UNDER TWENTY-ONE YEARS OF AGE NOT TO BE EMPLOYED OR PERMITTED. EXCEPTIONS. Except as permitted in this section, no person under the age of twenty-one (21) years of age shall be employed or permitted in any room or rooms constituting the place in which intoxicating liquor is sold pursuant to a liquor license issued under this ordinance. Any person under 21 years of age may remain in a restaurant where alcoholic beverages are being sold if the restaurant is separated from the room in which alcoholic beverages are opened or mixed, if gross sales of food are at least equal to gross sales of alcoholic beverages which are consumed in the dining area, or if (1) employed by the restaurant as a food waiter, food waitress, bus boy, or bus girl under the direct supervision of a person 21 or more years of age, and not engaged in the sale, dispensing, delivery or consumption of alcoholic beverages, or (2) if the person is a law enforcement officer entering the premises in the performance of official duty. Any establishment where alcoholic beverages are sold may employ persons from 18 to 21 years of age to work in the capacity of musicians under the direct supervision of a person over 21 years of age.

8-316. 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 and sobriety in such place of business. No intoxicated person or persons shall be permitted to remain upon the premises or to be sold intoxicating liquor by any person holding any license issued pursuant to this ordinance.

All licensees hereunder shall ensure compliance by their employees and customers with all city and state regulations of gambling and games of chance.

8-317. INSPECTION OF LICENSED PREMISES TO BE ALLOWED POLICE OFFICERS. In addition to the requirements as hereinbefore stated to be set forth in the application made by a person seeking the license for the sale of intoxicating liquor, such person, partnership, corporation seeking such license shall state therein that he consents to any police officer, sheriff or any peace officer of the City of Lisbon or of the State of North Dakota entering upon the premises for which license is sought for the purpose of inspecting said premises and any part thereof and the record of sales made at any time, and that such person seeking such application waives all rights, constitutional and otherwise, against unreasonable searches or seizures and further conditions that any liquor found upon said premises or any property found therein held in violation of the laws of the State of North Dakota or the ordinances of the City of Lisbon may be seized and taken away by such officer, and that such intoxicating liquor or other property so seized may be received in evidence against him in any procedure brought pursuant to the laws of the State of North Dakota or the ordinances of the City of Lisbon.

8-318. LICENSE TO BE POSTED. Licenses issued to licensees hereunder shall be posted in a conspicuous place in the premises for which the license has been issued.

8-319 LIMITATION OF LICENSES. There shall be granted under this chapter not more than seven “on and off sale” licenses to sell intoxicating liquor at retail, and not more than three “on-sale club” licenses. “On-sale” licenses shall be issued at the discretion of the City Council. Not more than one retail license, either wholesale or an “on and off sale” or “on-sale”, shall directly or indirectly be issued or granted to any one person, nor shall more than one license be issued for the premises licensed for retail sale of liquor. (Ord 2010-5)

8-320. LIQUOR TO BE PURCHASED FROM WHOLESALERS LICENSED BY THE STATE; RECORDS TO BE KEPT. No intoxicating liquor shall be permitted to be owned, held, or possessed upon any licensed premises or by any person to whom a license for the retail sale of liquor has been issued unless said intoxicating liquor was purchased from a wholesaler duly licensed pursuant to Title 5 of the North Dakota Century Code. Each licensee shall keep on file the North Dakota Century Code. Each licensee shall keep on file all invoices covering purchases by him of intoxicating liquor showing the name and license number of the wholesaler and the name of the municipality issuing such wholesale license. Such records shall be retained in the possession of the licensee and shall at all times be open to inspection by any police officer or peace officer of the City of Lisbon or the State of North Dakota.

Each off-sale licensee licensed under this section shall keep records showing the kinds and quantities of all liquor purchased by said person, together with the name of the person from whom purchased, the license number of the wholesaler selling such liquor to said licensee, and the name of the municipality issuing such wholesale license.

8-321 CLOSED BOOTHS, ENCLOSURES, ETC., PROHIBITED. No licensee shall construct, place, maintain or suffer to be constructed, placed or maintained any side room, any closed booth, or other closed enclosure in any part of such place of business for which license has been issued, and all booths within said premises shall open into the main part of said room and shall be accessible from the aisles therein, and no booth shall be more than fifty-two (52) inches high, nor have thereon any screen, curtain, partition, blind or obstruction of any kind preventing a clear view into the said booth from the main room or aisle of the said premises. Such licensee shall at all times maintain the interior of said premises in a clean and sanitary condition.

8-322 LICENSES: TERMINATION, SUSPENSION AND REVOCATION OF. All licenses issued under the provisions of this article, unless otherwise specifically provided, shall terminate on December 31st next following the date of issuance, or at such earlier date as may be required by reason of the revocation of such license for cause, which shall include among other grounds the following:

The death of the licensee.

When the licensee ceases business at the location licensed.

When the licensee be adjudged bankrupt.

When the licensee, if an individual, or one of the partners if the licensee be a partnership, or one of the officers of the licensee be a corporation, or the individual in active management of the business, be convicted of violating any of the provisions of this article.

When the licensee ceases to be a legal and bona fide resident and citizen of the State of North Dakota and/or the County of Ransom.

When the license or permit of the licensee from the United States government or the State of North Dakota to sell beer at the location licensed has terminated or been revoked.

When the licensee has been convicted of a felony under the laws of the United States, or under the laws of one of the several states.

When the business of the licensee, at the location licensed, shall be conducted in violation of the health or sanitary regulations or other ordinances of the City of Lisbon.

When the licensee has made any false statement in his application for a license.

The City Council, in its discretion, for any cause, may by written notice to licensee suspend the license and shall present its reason or reasons therefore at a hearing thereon held at its next regular meeting thereafter, at which time licensee may appear and be heard if he so desires; the Council shall then either lift said suspension, continue the suspension, or revoke the license.

When any license is suspended, terminated or revoked for cause, or the licensee voluntarily ceases business, the license fee previously paid shall be prorated on a monthly basis, with any portion of a month constituting a full month, and that part of the yearly license fee allocated to months when said licensee was not using or will not use said license shall be returned to said licensee; provided, however, that a $100.00 transfer fee shall be retained by the City of Lisbon from the amount to be returned to the licensee, unless said fee is waived by the City Council. If the amount to be returned to the licensee is less than $100.00, the transfer fee shall be that lesser amount. If said licensee is simultaneously to receive a return of license fees paid for a beer license, only one transfer fee shall be charged of said licensee.

8-323. DISPOSITION OF LICENSE FEES. All license fees collected under this ordinance shall be paid over to the Auditor of the City of Lisbon and credited to the General Fund of said City.

8-324. SANITARY REQUIREMENTS. All premises licensed pursuant to this ordinance must provide adequate and sufficient lavatories and toilets and meet such other health and sanitary regulations as may be prescribed by the City Council of the City of Lisbon.

8-325. PROPRIETOR OF UNLICENSED PREMISE WHERE MEALS OR SOFT DRINKS ARE SOLD NOT TO ALLOW CONSUMPTION OF LIQUOR THEREIN. It shall be unlawful for any person other than a licensed retail on-sale liquor dealer, operating any business establishment in which meals, luncheons, or soft drinks are sold, served or dispensed to dispense intoxicating liquor, or to permit the consumption of intoxicating liquor upon such premise by any person, provided, however, that this article shall not be construed to prohibit the opening and consumption of intoxicating liquor in a private room of any hotel by a guest thereof, and provided, further, that this article shall not be construed as prohibiting the serving, sale, dispensing, or consumption upon the premises of beer under the provisions of this article in an establishment holding an on-sale beer license.

8-326. PERSONS IN UNLICENSED PREMISE WHERE MEALS OR SOFT DRINKS ARE SOLD NOT TO CONSUME LIQUOR THEREIN. It shall be unlawful for any person to open any package containing intoxicating liquor or to consume or attempt to consume intoxicating liquor in any business establishment in which meals luncheons, or soft drinks are sold, served, or dispensed, except as provided in the preceding paragraph.

8-327. APPLICATION OF ARTICLE. This article is declared to be an exercise of the police power directly affecting and designed to promote the peace, safety, good order, health, morals, and well-being of the people of this city. This article shall apply to all territory within the corporate limits of the city, and to such outlying contiguous territory without the corporate limits within which the city may exercise police jurisdiction, as defined by law.

ARTICLE IV.

REGULATION OF TAXICABS

8-401. TAXICAB DEFINED. The term taxicab as used in this article shall be construed to mean any vehicle used for the transportation of passengers.

8-402. TAXICAB BUSINESS DEFINED. One who transports passengers for hire, within the City of Lisbon shall be, under the terms of this ordinance regarded as conducting and operating a taxicab business.

8-403. APPLICATION. Any person desiring to conduct and operate a taxicab business within the City of Lisbon, shall make application to the City Council, through the City Auditor, which application shall be accomplished by the fee hereinafter provided for and state the following facts (some of which are also conditions to the granting of a license), to wit:

The name, age, and address of the applicant.

A description of the premises from which said business will be conducted

The kind of equipment with which he intends to carry on the business.

A brief statement of his experience in the taxicab business and in operating such a business, if any

A schedule of fees to be charged within the City of Lisbon, which shall be filed with the City Auditor and open to public inspection, and an agreement to file with the City Auditor any amendment of such schedule.

Applicant, if an individual, must be a resident of Lisbon, North Dakota.

If applicant is a partnership, names of all partners and their address, one of whom must be a resident of the City of Lisbon.

If a corporation, at least one stockholder and officer must be a resident of Lisbon, North Dakota, and names of all stockholders must be given.

Applicant must produce for inspection a license issued by the State of North Dakota, allowing the applicant to carry on a taxicab business.

Names of three local residents as a reference.

Statement as to whether engaged in any other business and, if so, what type of business.

8-404. SAME: MINOR. No license will be issued to a minor.

8-405. SAME: NOT TRANSFERABLE. Licenses shall not be transferable.

8-406. SAME: FEE. The license fee shall be $25.00 and license shall expire on December 31, after issued. If application is made prior to June 30th of any year, full fee shall be charged, if after July 1, one-half thereof.

ARTICLE V.

TRANSIENT MERCHANTS

8-501. TRANSIENT MERCHANT DEFINED. A transient merchant within the meaning of this article is defined as anyone who engages in the vending, sale, or offering for sale at any place temporarily; or one who engages in the manufacturing, making, producing, creating or processing and vending at any place temporarily, of merchandise, and who does not intend to become and does not become a permanent merchant of the City of Lisbon; provided that the word “merchandise” as used herein shall not be considered to mean any agricultural product when sold or offered for sale by the producer thereof.

8-502. LICENSE REQUIRED. No person shall engage in, or follow, the business or occupation of a transient merchant, as hereinbefore defined, at any place within the City of Lisbon, without first obtaining a license authorizing him to do so.

8-503. APPLICATION FOR LICENSE. The application for a license as a transient merchant shall be made in writing to the City Auditor who shall submit the application to the City Council for approval. Upon the approval of said application by the City Council of the City of Lisbon, the City Auditor shall issue such license to an applicant for a period of not longer than one (1) year from the date of issuance, provided, that such license shall not be issued until compliance by the applicant with the terms of this article and due proof by the applicant of the issuance to him of a state license to do business as a transient merchant, as provided by law. Making sales or offering to do so without such license as provided by this article shall subject such person to the penalties provided in this chapter.

8-504. LICENSE FEE: BOND, AMOUNT OF. Any person or corporation desiring a license as a transient merchant shall, before receiving the same, pay to the auditor of the City of Lisbon such fee as may be set by Resolution of the Lisbon City Council, said fee schedule to be kept on file in the office of the City Auditor; provided, that if complaint be made to the Mayor of the City of Lisbon, that any person doing business within the City of Lisbon is a transient merchant, and that such person claims to be a permanent merchant, he shall be required, as a condition of transacting business in such City of Lisbon without the payment of the license fee provided for herein, to give a bond to such City of Lisbon to secure the payment of the state license provided by law and the license provided for herein in the event that he fails to become a permanent merchant under the terms of this article, said bond to be in the penal sum of Five Hundred Dollars ($500) with sureties to be approved by the City Auditor of Lisbon; and which bond shall be enforced, in case of breach thereof, by the proper officers of the City of Lisbon. (Ordinance No. 2018-5)

ARTICLE VI.

HAWKERS AND PEDDLERS

8-601. SOLICITATION OF ORDERS, PEDDLING, AND HAWKING DECLARED TO BE A NUISANCE. The practice of going in and upon private residences in the City of Lisbon by solicitors, magazine salesmen, book salesmen, peddlers, hawkers, itinerant merchants or transient vendors of merchandise, not having been requested or invited to do so by the owner or owners, occupant or occupants, of said private residences, for the purpose of soliciting orders for the sales of goods, wares, and merchandise and/or disposing of and/or peddling or hawking the same is hereby declared to be a nuisance and punishable in the manner herein provided.

8-602. EXCEPTIONS. The provisions of this article shall not apply to the sale or solicitation of orders for the sale of milk, dairy products, vegetables, poultry, eggs, and other farm and garden products, so far as the sale of said commodities is now authorized by law.

8-603. POLICE OFFICERS TO ENFORCE. The Chief of Police and all police officers of the City of Lisbon are hereby required and directed to suppress the same and to abate any such nuisance as is described in the first section of this ordinance.

ARTICLE VII.

CIRCUSES, CARNIVALS, EXHIBITIONS, AND PARADES

8-701. LICENSE REQUIRED FOR CIRCUSES, CARNIVALS, EXHIBITIONS. It shall be unlawful for any person, firm, or corporation, within the limits of the City of Lisbon to exhibit any carnival, circus, menagerie, museum, collection of curiosities, or show of any kind without first obtaining a license therefore from the City Council.

8-702. LICENSE REQUIRED FOR USE OF STREETS FOR EXHIBITION, PARADE, OR ADVERTISING. No person, firm, or corporation shall use the streets of the City of Lisbon for exhibition, parade, or advertising purposes without first paying a license fee and obtaining a license from the City Council.

8-703. LICENSE FEES.

For circuses alone, and for circuses and menageries combined the license fee shall be fixed by the City Council at the time the application is made, but in no case shall the license fee be less than $25.00 for the first day and $5.00 for each succeeding day.

For menageries alone, the license fee shall be $10.00 for the first day and $5.00 for each succeeding day.

For dime museums, the license fee shall be $5.00 for the first day or $100.00 per annum.

For carnivals, amusement devices, or any aggregation of attractions or act nor otherwise enumerated in this chapter, and to which an admission fee is charged, the license fee shall be $25.00 per day.

Where exhibitions are not held within the City Limits, the streets of the City are used for traffic, parade, advertising purposes, the license fee shall be such as City Council may establish by resolution.

8-704. LICENSE: HOW ISSUED. Any person, firm, or corporation desiring to obtain a license, under the provisions of this chapter, shall make application to the City Council. If said license is granted to said applicant, he shall pay into the City Treasury, for the use of the City of Lisbon, the license fee provided heretofore, and shall receive the City Treasurer s receipt, specifying the amount paid and the purpose for which the same was paid. Upon presenting the City Treasurer s receipt to the City Auditor, the City Auditor shall grant and issue to said applicant a license.

8-705. SAME: REVOCATION OF. Every license issued under the provisions of this article shall be issued with the distinct understanding that such license may be revoked by the City Council at any time after the issuance thereof, when, in their opinion, such licensee is not properly conducting the business for which the license was issued.

ARTICLE VIII.

HOUSE MOVING

8-801. HOUSE MOVING: PERMIT REQUIRED. Every person who shall remove, raise, or support free of its foundation any building or structure within the limits of the City of Lisbon shall comply with the provisions of Chapter XIV of these ordinances and shall obtain a permit therefore from the City Council on application forms provided. The foregoing shall not be construed as applying to owners of a building or structure who are personally raising, moving, or supporting such building or structure upon their own premises.

8-802. PERMIT: FEE FOR. When any building or structure is to be moved across or through any street or alley, a fee of five dollars ($5.00) shall be paid by the person receiving a permit therefore, provided, however, that for a one-story garage, shed, and the like, having a floor area not to exceed four hundred (400) square feet the fee shall be one dollar ($1.00).

Fee for permits to raise, move, or support any building or structure where the use of a street or alley is not involved, shall be one dollar ($1.00).

No fee shall be required for a permit to move one-story buildings or structures having a floor area not exceeding one hundred (100) square feet.

The above permits and fees shall permit all excavation, erection of foundations, and setting of the building or structure in place at its new location only.

8-803. REMOVAL OF WIRES, CABLES, PIPES: BY WHOM, NOTICE OF.

The person to whom a removal permit has been issued shall, before raising or moving any building or structure to which electric wires, cables, or piping for any purpose are attached, notify the persons, associations, or corporations owning or controlling such electric wiring, cables, or piping of the proposed moving of said building or structure. The person, association, or corporation so notified shall, within a reasonable time not exceeding twenty-four (24) hours thereafter, disconnect and make safe all such electric wires, cables or piping.

In every case in which a permit shall be issued as herein provided for the removal of any house or structure, when such removal requires the displacement of any overhead electrical or other wire or cable, it shall be the duty of the person, association, or corporation owning, operating, or controlling such wire or cable to remove or displace the same, as far as may be necessary, to permit the removal of such house, building, structure.

The person to whom a removal permit shall have been issued shall notify the person, association, or corporation owning, operating, or controlling such wire or cable, to remove or displace the same to facilitate the removal of said house, building, or structure; and shall exhibit to said persons, associations, or corporations the properly issued permit, authorizing the removal of said house, building, or structure; and it shall thereupon be the duty of said persons, associations, or corporations, within a reasonable time not exceeding twenty-four (24) hours thereafter, to remove or displace such wires or cables sufficiently to allow the passage of said house, building, or structure.

8-804. PERMIT REQUIRED TO MOVE BUILDINGS THAT WILL INJURE TREES. TREE TRIMMING COST TO BE PAID. No person, firm, or corporation, whether licensed or otherwise, shall move any building, or structure, along any street, alley, or other public way in such a manner as to interfere with or injure any tree, shrub, or other vegetable growth without a written permit first obtained from the Superintendent of Streets. The application shall specify the building or structure to be removed and the proposed route. All necessary tree or shrub trimming costs shall be paid by applicant.

8-805. MOVING BUILDINGS ACROSS TRACKS, WHEN PERMITTED. No house, building, or structure shall be moved across any railway tracks except at such time as permitted by the person, associations, or corporation owning or controlling such tracks.

8-806. BUILDINGS IN STREETS, LIGHTS REQUIRED. When any building or structure is being moved upon or adjoining any street, alley or sidewalk, a red light must be kept burning at each corner of such building or structure from sunset to sunrise. All ropes, blocks, winches, windlasses, or other equipment used in the moving of said building or structure must, when obstructing the free use of a street or alley, be protected by suitable lights from sunset to sunrise.

8-807. NOTIFICATION TO POLICE DEPARTMENT. At least two (2) hours before any building is moved across or through any street or alley the Police Department of the City of Lisbon shall be notified thereof by such mover, and of the route on which such move will be made and the probable hour of such move.

8-808. HOURS OF MOVING OPERATIONS: BUILDINGS NOT TO STAND ON STREETS WITHOUT WRITTEN PERMISSION. Moving operations upon a street or alley shall be carried on continuously for at least eight (8) hours daily, except Sunday, and in such manner as to cause the least inconvenience to the public use of such street or alley. No building shall be left, or be permitted to stand, on any street, alley, or public place in the City without written permission from the City Street Commissioner.

ARTICLE IX.

TRAILER PARKS AND TRAILER COACHES USED FOR RESIDENTIAL PURPOSES

8-901. DEFINITIONS. The following words and phrases, when used in this article in this article, shall have the meanings respectively ascribed to them except in those instances where the context clearly indicates a different meaning:

“Natural and artificial barrier” means any river, pond, canal, railroad, levee, embankment, a painted board or mental fence not less than six (6) feet high, or hedge.

“Park” means trailer coach park.

“Person” means any natural individual, firm, trust, partnership, association and corporation.

“Trailer coach” means any portable structure or vehicle so constructed and designed as to permit occupancy thereof for dwelling or sleeping purposes.

“Trailer coach park” means any plot of ground upon which two or more trailer coaches occupied for dwelling or sleeping purposes are located regardless of whether or not a charge is made for such accommodation.

“Trailer coach space” means a plot of ground within a trailer coach park designed for the accommodation of one trailer coach.

8-902. LICENSE. It shall be unlawful for any person to maintain or operate within the limits of the City any trailer coach park unless such person shall first obtain a license therefore. All trailer coach parks in existence upon the effective date of this ordinance shall, within ninety (90) days thereafter, obtain such license and in all other respects comply fully with the requirements of this ordinance.

8-903. LICENSE FEES. The annual license fee for each trailer coach park shall be Twenty-five Dollars ($25.00) for each block of one hundred (100) trailer coach spaces or fraction thereof. The fee for the transfer of a license as provided in this article shall be Five Dollars ($5.00).

8-904. SAME: DISPOSITION OF. All license fees collected under this article shall be paid over to the auditor of the City of Lisbon and credited to the general fund of the said city.

8-905. APPLICATION FOR LICENSE. Application for a trailer coach park license shall be filed with, and such license shall be issued by, the City Council of the City of Lisbon, North Dakota. Each application shall be writing and signed by the applicant and shall contain the following:

The name and address of the applicant.

The location and legal description of the proposed trailer coach park.

A complete plan of the proposed park, showing compliance with Section 8-906 of this article.

Plans and specifications of all buildings and other improvements constructed or to be constructed with the proposed trailer coach park.

Such further information as may be requested by the City Health Officer to enable him to determine if the proposed park complies with health regulations as required by law.

The City Council shall investigate the moral character of the applicant and the Health Officer shall inspect the proposed plans and specifications. If the applicant is found to be of good moral character, and the proposed trailer coach park complies with all provisions of this article and with all other applicable articles or statutes, the City Council shall approve the application, and upon completion of the park according to the plans, shall issue the license.

Upon charge in ownership of the trailer coach park and application for a transfer of the license, the City Council shall issue such transfer if investigation shows the transferee to be of good moral character.

8-906. TRAILER COACH PARK PLAN. The trailer coach park shall conform to the following requirements:

The park shall be located on a well-drained site, properly graded to insure rapid drainage and freedom from stagnant poo1s of water

Trailer coach spaces shall be provided consisting of a minimum of 1,000 square feet for each space, which shall be at least 25 feet wide and clearly defined. Trailer coaches shall be so harbored on each space that there shall be at least a 15-foot clearance between trailer coaches. No trailer coach shall be located closer than 10 feet from any property line bounding the park.

All trailer coach spaces shall abut upon a driveway of not less than 20 feet in width and which shall have been unobstructed access to a public street, alley, or highway. All driveways shall be all-weather surfaced, well-marked in the daytime, and lighted at night with 25-watt lamps at intervals of 150 feet, located approximately 15 feet from the ground.

Walkways not less than 2 feet wide shall be provided from the trailer coach spaces to the service buildings. The walkways shall be all-weather surfaced, well-marked in the daytime, and lighted at night with 25-watt lamps at intervals of 100 feet, located approximately 15 feet from the ground.

Each park shall provide service buildings to house toilet facilities, bathing facilities, laundry facilities, and other sanitary facilities as hereinafter more particularly described.

An electrical outlet supplying at least 110 volts shall be provided for each trailer coach space.

No trailer coach park shall provide space for less than 10 trailer coaches in accordance with the provisions of this section.

8-907. LOCATION. Trailer coach parks shall be located only within the following locations: Areas zoned as commercial and industrial. Each boundary of the park must be at least 200 feet from any permanent residential building located outside the park unless separated therefrom by a natural or artificial barrier, or unless a majority of the owners of the property lying within the said 200-foot area consent in writing to the establishment of the park.

8-908. WATER SUPPLY. An adequate supply of pure water furnished through a pipe distribution system connected directly with and metered by a master water meter from the city water main, shall be supplied to meet the requirements of the park. The water supply shall be obtained from faucets only. No common drinking cups shall be permitted. Cold water supply faucets shall be located on each trailer coach space. An adequate supply of hot water shall be provided at all times in the service building for bathing, washing, and laundry facilities.

8-909. SANITATION FACILITIES. Each park shall be provided with toilets, baths, or showers, slop sinks, and other sanitation facilities which shall conform to the following requirements:

Toilet facilities for men and women shall be either in separate buildings at least twenty (20) feet apart, or shall be separated by a sound proof wall if in the same building.

Toilet facilities for women shall consist of not less than one flush toilet for every 10 unconnected trailer coach spaces, one shower or bath tub for every 10 unconnected trailer coach spaces, and one lavatory for every 20 unconnected trailer coach spaces. Each toilet, shower, and bath tub shall be in a private compartment.

Toilet facilities for men shall consist of not less than one flush toilet for every 15 unconnected trailer coach spaces, one shower or bath tub for every 10 unconnected trailer coach spaces, one lavatory for every 10 unconnected trailer coach spaces, and one urinal for every 15 unconnected trailer coach spaces. Each toilet, shower, and bath tub shall be in a private compartment.

Service buildings housing the toilet facilities shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installation, and plumbing and sanitation systems, and shall be located not closer than 10 feet nor farther than 20 feet from any trailer coach space.

Each service building shall contain at least one s1op sink for each sex located in a separate compartment.

The service buildings shall be well lighted at all times of the day or night, shall be well ventilated with screened openings, shall be constructed of such moisture proof material, including painted woodwork, as shall permit repeated cleaning and washing, and shall be maintained at a temperature of at least 68 degrees Fahrenheit during the periods from October 1st to May 1st. The floors of the service buildings shall be of water impervious material and shall slope to a floor drain connected with the sewage system.

All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public, or shall constitute a nuisance.

8-910. LAUNDRY FACILITIES. The laundry facilities shall be provided in the ration of one double laundry tub and ironing board for every 20 trailer coach spaces. An electrical outlet supplying current sufficient to operate an iron shall be located conveniently near each ironing board. Drying spaces shall be provided sufficient to accommodate the laundry of the trailer coach occupants. The service building housing the laundry facilities shall be a permanent structure complying with all applicable ordinances and statutes regulating buildings, electrical installations, and plumbing and sanitation systems.

8-911. SEWAGE AND REFUSE DISPOSAL. Waste from showers, bath tubs, toilets, slop sinks, and laundries shall be discharged into the city sewer system in compliance with applicable ordinances, or when there is no city sewer into a private sewer or disposal system that is constructed and operated in compliance with the state plumbing code. All kitchen sinks, wash basins, bath, or shower tubs in any trailer coach harbored in a trailer coach park may empty into a sanitary sink drain located on the trailer coach space.

8-912. GARBAGE RECEPTACLES. Tightly covered metal garbage cans shall be provided in quantities adequate to permit disposal of all garbage and rubbish. Garbage cans shall be located not farther than 200 feet from any trailer coach space. The cans shall be kept in sanitary condition at all times. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that the garbage cans shall not overflow.

8-913. FIRE PROTECTION. Every park shall be equipped at all times with at least one fire extinguisher in good working order for every 10 trailer coach spaces and which shall be located not farther than 200 feet from each trailer coach space. No open fires shall be permitted at any place which would endanger life or property. No fire shall be left unattended at any time.

8-914. ANIMALS AND PETS. No owner or person in charge of any dog, cat, or other pet animal shall permit it to run at large or commit any nuisance within the limits of any trailer coach park.

8-915. REGISTER OF OCCUPANTS. It shall be the duty of the licensee to keep a register containing a record of all trailer coach owners and occupants located within the park. The register shall contain the following information:

Name and address of each occupant of a trailer coach.

The make, model and year of all automobiles and trailer coaches.

License number of each trailer coach and of the automobile by which it is towed, and the name of the owner of each such trailer coach and automobile.

The state issuing the above licenses.

The dates of arrival and departure of each trailer coach.

The park manager shall keep the register available for inspection at all times by law enforcement officials, and other officials whose duties necessitate acquisition of the information contained in the register. The register records shall not be destroyed for a period of three years following the date of registration.

8-916. REVOCATION OF LICENSE. The City Council may revoke any license to maintain and operate a park when the licensee has been found guilty by a court of competent jurisdiction of violating any provision of this article. After such conviction, the license may be re-issued if the circumstances leading to conviction have been remedied and there is reasonable evidence that the park will be maintained and operated in full compliance with the law.

8-917. POSTING OF LICENSE. The license certificate shall be conspicuously posted at all times in the office or on the premises of the trailer coach park.

8-918. REGISTRATION OF AUTOMOBILE TRAILER COACHES REQUIRED. Automobile trailer coaches used by persons for residential purposes may be parked or left standing upon a lot or lots, not within a trailer coach park and upon which there is an occupied residence, for a period of not more than thirty (30) days, provided that permission has been received from the owner of such lot for parking and from the owner or occupant of the residence for the use of sanitary facilities within the residence; and provided further that the owner of such trailer coach, before parking the same on said lot, shall have registered the coach with the City Auditor of the City of Lisbon, North Dakota, on blanks provided by the city. The owner of the automobile trailer coach shall supply the following information on said blanks:

The name and address of each occupant of the trailer coach;

The license number of the trailer coach and the state where registered;

The license number of the automobile by which such trailer coach is propelled, and the state where registered;

Any other information which may be required by the City Auditor.

The owner or occupant who permits the parking of any automobile trailer coach upon a lot owned or occupied by him without such automobile trailer coach having been registered as aforesaid, shall be deemed guilty of a violation of this article.

8-919. PERMITS AND PERMIT FEES. When all the requirements set forth in Section 8-918 have been met, the City Auditor shall issue a permit to park to the owner of the automobile trailer coach. Such permit shall not entitle the owner of the automobile trailer coach to park for a period of more than thirty (30) days, and such permits shall not be issued until the owner of said trailer coach shall pay to the City of Lisbon the sum of Three Dollars ($3.00) for such permit.

ARTICLE X.

PENALTY

8-1001. SAVING CLAUSE. Should any section, paragraph, sentence, clause, or phrase of this chapter be declared unconstitutional or invalid for any reason, the remainder of said chapter shall not be affected thereby, and it is hereby expressly declared that all of the remaining portions of this article would have been adopted notwithstanding the invalid portions thereof and that such portions not declared unconstitutional or contrary to the laws of the State of North Dakota shall remain in full force and effect.

8-1002. PENALTY FOR VIOLATION OF CHAPTER. Any person, firm, or corporation violating any of the terms or provisions of this chapter shall upon conviction be punished as provided in Section 20-101. (Ordinance 2000-1).