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TITLE 5 - BUSINESS LICENSES AND REGULATIONS


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5.04 Businesses on public property

5.08 Repealed

5.12 Intoxicating liquor

5.16 Junkyards

5.20 Repealed

5.24 Pawnbrokers

5.28 Transient merchants

5.32 Private detectives and merchant police

5.36 Public dances

5.40 Vehicles for Hire
5.44 Hotel registration

5.48 Alarm systems



CHAPTER 5.04
 
BUSINESSES ON PUBLIC PROPERTY



5.04.010 Businesses on city property prohibited

5.04.015 Parking for vehicles for hire

5.04.020 Mobile food vendors
5.04.030 Outdoor dining

5.04.040 Vending machines

5.04.050 Permits for community festivities

5.04.060 Permits for community festivities--conditions of permit

5.04.070 Permits for community festivities--in lieu of transient merchant license

5.04.010 Businesses on city property prohibited
. Except where permitted under the provisions of this chapter, no person may park, place, erect, or construct a building, structure, tent, trailer, bus, or other enclosure, or a stand or table, on a street, alley, sidewalk, parking lot, or other public place in the city for the purpose of displaying for sale, selling, or soliciting the sale of goods or services, nor may any person park a vehicle bearing a for sale sign in any city parking lot or other public place for a purpose of soliciting buyers or otherwise offering the vehicle for sale. It shall be conclusively presumed that any vehicle bearing a for sale sign which is parked in a city parking lot for more than 48 consecutive hours is parked with a purpose of soliciting buyers or otherwise offering the vehicle for sale (see also section 10.08.030(f)(3)).(Ord. 1177 §1 (part), 2004; Ord. 960 §2, 1993; Ord. 896, 1991; Ord. 506 §1 (part), 1977)

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5.04.015 Parking for vehicles for hire. The chief of police, after consulting with the harbormaster, may designate spaces on city docks where vehicles for hire regulated under KCC Chapter 5.40 may park for the purpose of picking up or discharging passengers. No person may park a vehicle for hire on a city dock except in a space designated for that purpose under this section. (Ord. 1286(SUB) §2, 2011)

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5.04.020 
Mobile food vendors. Mobile food vendors may temporarily stop their vehicles in the public streets for the purpose of making sales, or park their vehicles on public property in the vicinity of a sporting event when not prohibited by this code, for the purpose of making sales of food during the event. (Ord. 1177 §1 (part), 2004)

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5.04.030  Outdoor dining. Outdoor dining in public rights-of-way may be authorized under Chapter 12.12. (Ord. 1177 §1 (part), 2004)

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5.04.040  Vending machines.
The city manager may permit the placement of vending machines on city property at locations that the city manager determines will serve the convenience of city employees or the public. The city manager shall determine the duration of a permit to place a vending machine on city property, the compensation that the city will receive for its placement, and the other terms and conditions of the permit that will be in the best interest of the city. (Ord. 1177 §1 (part), 2004)

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5.04.050 Permits for community festivities.  (a) The city clerk may issue permits allowing the erection of temporary stands, structures, or tables or the temporary parking of a suitable vehicle on public property for the purpose of selling or dispensing goods or services in conjunction with the King Crab festival or other similar designated community events.
    (b) An application for a permit under this section shall be submitted to the city clerk accompanied by any required fees established by resolution or motion of the city council; provided, however, that the council may reduce or waive payment of the fee for permits issued to nonprofit organizations and associations performing community services in Kodiak, so long as all such organizations are treated alike with respect to permits issued for any single festival or similar community event. The application shall contain the following information:

(1) The name and address of the applicant
(2) The business name to be used and the nature of the business
(3) The name of the festivity or event for which the permit is requested
(4) A description of the structure, stand, or vehicle to be used
(5) The location where the applicant would prefer to conduct the business.

    (c) If insufficient space or facilities are available to accommodate the applicants for permits at any particular event, locations shall be assigned giving preference to nonprofit organizations and associations performing community services in Kodiak and to those businesses that are most compatible with the community festival or event for which the applicants are seeking permits.
    (d) If a community event or festival is being planned and managed by a local nonprofit community organization, the council may, by resolution, authorize the issuance of a single permit to that organization for the designated public property. As a condition to receiving the permit, the organization shall:
          (1) Agree to assign space in accordance with the priorities established in subsection (c) of this section;
          (2) Comply with the conditions set forth in section 5.04.060 and require compliance with those conditions by all persons occupying space under the auspices of a permit from that organization; and
          (3) Hold harmless and defend the city from any claims for death, injury, or damage arising or resulting from the event conducted, as well as from any suits or actions based upon the assignment or utilization of public property under the permit.
          (4) The council may waive payment of any fee by an organization receiving a permit under this subsection, and the organization may charge a reasonable fee for persons utilizing a booth, structure, or stand in conjunction with their participation in the festivity. (Ord. 1177 §1 (part), 2004; Ord. 938 §8, 1992; Ord. 776 §1, 1985; Ord. 506 §1 (part), 1977)

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5.04.060 Permits for community festivities--conditions of permit. (a) A permit issued under section 5.04.050 shall be subject to the following terms and conditions:
          (1) The structure, stand, or vehicle may not be erected or parked prior to the date and time designated on the permit and shall be removed within twenty-four hours after the end of the designated event.
          (2) If the business is one that utilizes disposable wrappings or containers, the permittee shall place suitable refuse containers in the vicinity of the business and provide for the disposal of the contents of those containers on a daily or more frequent basis.
          (3) The permittee shall obtain and display all other licenses and permits necessary to the conduct of the business and shall display those licenses and permits at the place of business.
          (4) The permittee shall permit the inspection of the facilities from which the business is conducted at all reasonable hours.
          (5) The permittee shall maintain the property in the immediate vicinity of the business facilities in a neat and clean condition and shall remove all accumulated waste, litter, and debris upon removal of the business facilities.
          (6) The permittee shall comply with all applicable laws and regulations.
          (7) The permittee shall comply with such other reasonable conditions as may be provided in the permit by the city manager.
     (b) If the permittee fails to comply with any condition of the permit or a provision of this section, the city manager may, after not less than two hours notice and an opportunity to be heard, revoke the permit.
    (c) If the permittee fails to leave the immediate vicinity in a clean condition or fails to remove the business facilities as required by this section, the city may, after reasonable verbal notice, perform such work and the permittee shall be liable for all costs so incurred. Business facilities removed by the city may be discarded in the dump or otherwise disposed of as abandoned property having no value. (Ord. 1177 §1 (part), 2004; Ord. 506 §1 (part), 1977)
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5.04.070 Permits for community festivities--in lieu of transient merchant license. Issuance of a permit under section 5.04.050 shall be in lieu of the transient merchant license required by chapter 5.28 so long as the activities of the applicant which otherwise would require the obtaining of a transient merchant license are restricted to the time and place of the festival or community event.(Ord. 1177 §1 (part), 2004; Ord. 860, 1989; Ord. 776 §2, 1985; Ord. 506 §1, 1977)

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CHAPTER 5.08
  
BUILDING CODES CONTRACTORS


Repeal of Chapter 5.08; Ordinance Number 471, effective September 26, 1976. Former Chapter 5.08 derived from Ord. 410, 1974.       

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CHAPTER 5.12
  
INTOXICATING LIQUOR


For statutory provisions authorizing municipal regulation of the licensing and sale of alcoholic beverages, see AS 04.21.010.



5.12.010 Repealed

5.12.020 Repealed

5.12.030 Repealed

5.12.040 Licensee responsibility for employees' actions on premises

5.12.050 Repealed

5.12.060 Repealed

5.12.070 Hours for licensed premises

5.12.080 Signed statement of patron's age; when required

5.12.090 Signed statement of patron's age; falsifications

5.12.100 Eviction of patrons

5.12.110 Age limit sign to be exhibited

5.12.120 Premises where persons under twenty-one are prohibited

5.12.125 Sale on election day

5.12.130 Repealed

5.12.140 Repealed

5.12.150 Exception for those nineteen years of age or older as of December 31, 1983



5.12.010 Consumption restrictions
. Repealed by Ordinance Number 491, effective April 23, 1977.

Repealed §5.12.010 derived from CCK §6.7.1. For present provisions see 8.44 of this code.

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5.12.020 License required
. Repealed by Ordinance Number 491, effective April 23, 1977.

Repealed §5.12.020 derived from CCK §6.7.2.

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5.12.030 License; applicant restrictions
. Repealed by Ordinance Number 458, effective April 10, 1976.

Repealed §5.12.030 derived from CCK §6.7.3.

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5.12.040 Licensee responsibility for employees' actions on premises
. The licensee shall be responsible for all acts or omissions of the licensee's employees on the licensed premises. The licensee may be prosecuted for all acts or omissions of employees which are committed on the licensed premises and which are in violation of this chapter; provided, however, that the prosecution of the licensee shall not prohibit the prosecution of the employee for acts or omissions committed by the employee in violation of any provision of this chapter. (CCK §6.7.4)

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5.12.050 Licensee; hearings
. Repealed by Ordinance Number 458, effective April 10, 1976.

Repealed §5.12.050 derived from CCK §6.7.5.

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5.12.060 License; beverage dispensary; retail liquor
. Repealed by Ordinance Number 458, effective April 10, 1976.

Repealed §5.12.060 derived from CCK §6.7.6.

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5.12.070 Hours for licensed premises
. No person may consume, sell, offer for sale, give, furnish, or deliver from an authorized licensee any intoxicating liquor on any licensed premises inside the city between five a.m. and eight a.m. of each day of the week including Sundays and holidays. (Ord. 348 (part), 1971: CCK §6.7.7)

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5.12.080 Signed statement of patron's age; when required
. Any licensee or employee of a licensee who suspects a patron to be under the age of twenty-one years may require, and it shall be the duty of the patron to furnish, a signed, written statement specifying the patron's date of birth and age. A duplicate copy of the signed, written statement shall be delivered to the office of the chief of police within forty-eight hours after its execution. No intoxicating beverage shall be served to a person who refuses to sign such statement. The definitions set forth in chapter 8.44 of the Kodiak city code shall apply to this chapter. (Ord. 712 §1, 1984; Ord. 346 (part), 1970: CCK §6.7.8)

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5.12.090 Signed statement of patron's age; falsification
. Every person who falsifies the statement required by section 5.12.080 is guilty of an offense under this chapter. (CCK §6.7.9)

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5.12.100 Eviction of patrons
. The licensee and employees of the licensee are expressly permitted to evict any person suspected of being under the age of twenty-one or intoxicated and failure of such person to leave after oral request is unlawful and an offense on the part of that person. (Ord. 712 §2, 1984; Ord. 346 (part), 1970: CCK §6.7.10)

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5.12.110 Age limit sign to be exhibited
. All licensees shall cause to remain displayed upon the premises of their establishments a conspicuous sign in a prominent place visible from outside the establishment, which shall in substance state: "No person under the age of twenty-one years permitted. Any such person will be prosecuted to the full extent of the law." Excepting that retail stores and licensed establishments regularly serving meals may modify the sign in accordance with the provisions of this chapter and title 04 of the Alaska statutes. The sign may also state the exception set forth in section 5.12.150. (Ord. 712 §3, 1984; Ord. 346 (part), 1970: CCK §6.7.11)

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5.12.120 Premises where persons under twenty-one are prohibited
. Every person under the age of twenty-one years who goes upon the premises licensed or required to be licensed under AS 04.11.010 is guilty of an offense under this chapter unless:

    (a) Accompanied by a parent, guardian, or spouse who has attained the age of twenty-one years;

    (b) The person is at least sixteen years of age, the premises are designated by the state of Alaska alcoholic beverage control board as a restaurant for the purposes of this section, and the person enters and remains only for dining; or

    (c) The person is under the age of sixteen years, is accompanied by a person over the age of twenty-one years, the parent or guardian of the underaged person consents, the premises are designated by the board as a restaurant for the purposes of this section, and the person enters and remains only for dining. (Ord. 712 §4, 1984; Ord. 346 (part), 1970: CCK §6.7.12)

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5.12.125 Sale on election days
. Pursuant to AS 04.16.070(b), a licensed premises may give, barter, sell, or otherwise dispose of intoxicating liquor during the hours when the polls are open on election days, and the prohibition of AS 04.16.070(a)(1)&(2) shall not apply in the city. (Ord. 590 §1, 1980; Ord. 411, 1974: CCK §3.3.24)

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5.12.130 Exposure by waiters, waitresses, and entertainers
. Repealed by Ordinance Number 637, effective May 8, 1982.

Repealed §5.12.130 derived from Ord. 588, 1980. Original §5.12.130, License; transfer, repealed by Ordinance Number 458, effective April 10, 1976, and derived from CCK §6.7.13.

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5.12.140 Counseling or assisting
. Repealed by Ordinance Number 637, effective May 8, 1982.

Repealed §5.12.140 derived from Ord. 588, 1980. Original §5.12.140, Licenses; beverage dispensary hotels, motels, repealed by Ordinance Number 458, effective April 10, 1976, and derived from CCK §6.7.14.

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5.12.150 Exception for those nineteen years of age or older as of December 31, 1983
. Notwithstanding any other provision of this chapter regarding age limitations, any person born on or before December 31, 1964, may be present upon licensed premises and may possess, consume, receive, or purchase alcoholic beverages if otherwise allowed under title 04 of the Alaska statutes, and a person may serve, deliver, dispense, furnish, or sell alcoholic beverages to a person born on or before December 31, 1964, if otherwise allowed under the provisions of AS 04. (Ord. 712 §6, 1984)

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CHAPTER 5.16
  
JUNKYARDS


For statutory provisions regarding the regulation of junkyards and junk dealers, see AS 08.60.



5.16.010 Definitions

5.16.020 Certificate of location; required

5.16.030 Certificate of location; issuance conditions



5.16.010 Definitions
. For the purpose of this chapter:

    (a) "Abandoned" as used in section 5.16.030(h) includes but is not limited to any automobile or truck or parts thereof which is:

(1) Not licensed as a motor vehicle in accordance with the law of Alaska for the then current year; and

(2) Cannot be operated as a motor vehicle because of mechanical failure or defects.

    (b) "Junk" means any secondhand and used machinery, scrap iron, copper, lead, zinc, aluminum, or other metals; it also includes wrecked automobiles, tools, implements, rags, used building materials, rubber, and paper.

    (c) "Junkyard" means a location where junk is gathered together and stored for a commercial, public, or private purpose within the boundaries of the city. (Ord. 321 (part), 1968: CCK §6.9.3)

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5.16.020 Certificate of location; required
. No person shall establish, operate, or maintain a commercial, private, or public junkyard without a certificate of location being first issued therefor by the council. (CCK §6.9.1)

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5.16.030 Certificate of location; issuance conditions
. The council shall, in considering applications for such certificate, take into account:

    (a) The nature and development of the surrounding property;

    (b) The need to protect the local economy, adjacent land owners, and the motoring public from economically depressing and unsightly roadside locations;

    (c) The proximity of the proposed junkyard to churches, schools, hospitals, public buildings, recreation areas, or other places of public gathering;

    (d) The sufficiency in number of other similar business establishments in the city;

    (e) The adequacy of fences and other types of enclosures proposed to prevent the unsightly display of any junkyard;

    (f) The health, safety, and general welfare of the public;

    (g) The suitability of the applicant to establish, maintain, or operate such a business;

    (h) The placement upon public property not set aside by law as a refuse disposal site, commercial, private or public junkyard, or upon any private property not specifically established, operating or maintained as a commercial, private or public junkyard, of any wrecked, junked, or abandoned truck or automobile parts or bodies thereof, whether attended or unattended constitutes a public nuisance and may be abated in the manner provided for herein in addition to any other remedies the city may have for the abatement of public nuisances; and

    (i) Nuisances as defined by subsection (h), may be abated as follows, without reference to or limitation by any other provision of the city code. The city manager or designee, after investigation, may order the abatement of such nuisance by giving notice to the owner of the premises upon which the nuisance is located to abate the nuisance within the time specified in such notice. The city manager may also give notice to the last known registered owner or any person or persons who may have acquired the right to possession through the registered owner, of any vehicle declared to constitute a public nuisance by subsection (h), persons placing the nuisance upon the property of another, or the lessee, agent, tenant, or other person in control of the property where the nuisance is situated at the time of the notice to abate. If the nuisance is not abated within the time as provided in the notice which shall be not less than five days, the city manager or city manager's designee may cause the abatement of such nuisance and the cost of abatement may be charged against any or all of the foregoing persons to whom notice was given. Notice is deemed given when posted in the U.S. mail to the last known address of such persons, certified or registered, return receipt requested. The costs of abating such nuisance may likewise be charged as a lien against and levied and collected as property taxes are levied and collected, but only if the city proceeds in accordance with subsection (i). The procedure for abating or dealing with a public nuisance as prescribed in this section shall be cumulative and in addition to any other procedures authorized by law or ordinance. Pursuant thereto, the following regulations shall be adopted:

(1) All fences or enclosures shall be seven feet in height and the boards thereof spaced no greater than two inches apart.

(2) No junkyard shall be located less than five hundred yards from a residential area.

(3) No person having been convicted of any felony or of any other criminal offense involving theft shall be considered a suitable applicant.

(4) All persons operating a junkyard shall keep a record of their purchases, which may be in the form of a receipt showing the date, name of their purchases, which may be in the form of a receipt showing the date, name of seller, general description of article, and purchase price. (Ord. 321 (part), 1968: CCK §6.9.2)

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CHAPTER 5.20
  
LIQUOR HANDLERS


For statutory provisions regarding regulation of sale and distribution of alcoholic beverages, see AS 04.16. Repeal of Chapter 5.20COrdinance Number 873, effective November 11, 1989, repealed former Chapter 5.20. Former Chapter 5.20 derived from CCK §6.8.1C6.8.5; Ord. 332, 1969; Ord. 346, 1970; Ord. 388, 1973; Ord. 680, 1983; Ord. 709, 1984; Ord. 784, 1985)

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CHAPTER 5.24
PAWNBROKERS


For statutory provisions regarding pawnbrokers and secondhand dealers, see AS 08.76.



5.24.010 Definitions

5.24.020 License; required; number

5.24.030 License; application

5.24.040 License issuance; terms

5.24.050 Repealed
5.24.060 Repealed
5.24.070 License; revocation

5.24.080 Repealed
5.24.090 Repealed

5.24.100 License; fees



5.24.010 Definitions
. (a) "Licensee" means a pawnbroker holding a current pawnbroker license of the city.

    (b) "Pawnbroker" as used herein means any person engaged in the business of lending money on the security of personal property physically taken and held, or purchasing of articles of personal property and reselling or agreeing to resell such articles to the vendor or assignee at a price agreed upon at or before the time of such purchase.

    (c) "Pawnshop" means and includes every place at which the business of pawnbroker is being carried on. (CCK §6.4.1)

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5.24.020 License; required; exemption
  (a) Except as provided in (b) of this section, no person shall operate as a pawnbroker except under license of the city and as herein provided.

(b) A person who holds a license from the State of Alaska to engage in business as a pawnbroker under AS Chapter 8.76 is exempt from the licensing requirement in (a) of this section.   (Ord. 1288, 2011; CCK §6.4.2)

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24.030 License; application
 (a) Applications for licenses issued hereunder shall be made on forms furnished by the cityThe application shall include:

(1) The full name, age, citizenship, residence, and present occupation of the applicant and all employees;

(2) A statement that neither the applicant nor any of the applicant's employees has been convicted of a felony, or a misdemeanor involving moral turpitude in the ten years preceding the date of the application;

(3) That the applicant and all employees of the applicant read and write English;

(4) A specific description and address of the place of business of the applicant;

(5) The terms and conditions of the lending agreement or sale and resale agreement the applicant uses, or intends to use, including the period of time allowed for redemption of articles received, and the manner in which articles are identified for redemption; and

(6) Such other information as the chief of police finds reasonably necessary to effectuate the general purposes of this chapter.

    (b) The application shall be accompanied by:

(1) A full set of fingerprints taken by the police department of all owners, partners, corporate officers, and employees actively engaged in the operation of the business;

(2) The application fee and the license fee;

(3) At least two affidavits from local reputable residents that the applicant is of good moral character and repute;

(4) At least one such affidavit as to each employee of the applicant; and

(5) A recent photograph of all owners, partners, corporate officers, and employees actively engaged in the operation of the business. The photograph shall contain a front view of the individual's face, shall contain only the top half of the individual's body, and shall be provided by the applicant. (Ord. 524 §1, 1978: CCK §6.4.3)

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5.24.040 License issuance; terms. (a) If the application and attachments are in order, the chief of police may issue the license. If the chief does not issue the license, the application, upon request of the applicant, shall be referred to the council with the recommendation of the chief of police. The council, by motion, shall order the license issued or the license denied.

    (b) The license shall be issued for the calendar year, or remaining fraction thereof, but the fee shall not be prorated. Licenses are not transferable. If the license is denied, the application fee shall not be returned. (CCK §6.4.4)

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5.24.050 Repealed
(Ord. 1288, 2011; Ord. 524 §2, 1978: CCK §6.4.5)

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5.24.060 Repealed
(Ord. 1288, 2011; Ord. 524 §3, 1978: CCK §6.4.6)

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5.24.070 License; revocation
. (a) If, after issuance of the license, the licensee fails to abide by all of the requirements of this chapter; or is convicted of a crime of moral turpitude under the laws of the city, the state of Alaska, or of the United States of America; or if it is discovered that the licensee made a knowing and willfully false statement in the application, the license shall be revoked.

    (b) Whenever there is reason to believe that the license should be revoked, the chief of police shall serve notice upon the licensee that a hearing will be held before the chief of police for the purpose of determining whether the license should be revoked. If the chief of police determines that the license should be revoked, the licensee may appeal to the council within fifteen days from the date licensee received notice of the decision. (Ord. 524 §4, 1978: CCK §6.4.7)

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5.24.080 Repealed
(Ord. 1288, 2011; CCK §6.4.8)

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5.24.090 Interest rates
. Repealed by Ordinance Number 524, effective August 13, 1978.

Repealed §5.24.090 derived from CCK §6.4.9.

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5.24.100 License; fees
. The application shall be accompanied by any required fees established by resolution or motion of the city council. (Ord. 951 §2, 1993; Ord. 524 §6, 1978: CCK §6.4.10)

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CHAPTER 5.28
  
TRANSIENT MERCHANTS


See Section 5.04.040 for exceptions



5.28.010 Definitions; license required

5.28.020 Entry on premises

5.28.030 Payment of sales tax required

5.28.040 License; fee; form

5.28.050 License; separate required for each person

5.28.060 License; term; nontransferable



5.28.010 Definitions; license required
. "Transient merchant", "transient trader", "hawker", "peddler", or other such trader as herein set forth, mean and include all persons, both principals and agents, who engage in temporary, transient, or itinerant retail business in the city, or who, without first establishing a permanent place of business in the city, engage in traveling from place to place therein selling or attempting to sell, or taking orders or subscriptions for goods, wares, or merchandise. No transient merchant, trader, hawker, peddler, or other as herein defined, shall be exempted from the provisions of this chapter by reason of associating temporarily with any local dealer or by establishing a temporary site of business, and every transient or itinerant merchant, as herein defined, before engaging in business or before advertising or exposing wares, goods, or merchandise, for sale or subscription, shall procure a license from the city clerk as herein provided, and shall pay the fee therefor required. (Ord. 776 §3, 1985: CCK §6.2.1)

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5.28.020 Entry on premises
. No transient or itinerant merchant herein defined, shall go in and upon private residences in the city for the purpose of the sale of, or the soliciting orders for the sale of, subscriptions, goods, wares, or merchandise, or for the purpose of disposing of or peddling or hawking the same, not having been requested or invited so to do by the owner or owners, occupant or occupants of such private residence. (CCK §6.2.2)

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5.28.030 Payment of sales tax required
. Nothing in this chapter permits sales under the provisions and requirements of this chapter without the collection by the person, licensed hereunder, of the city sales tax collected, and payment of the tax to the city clerk. (CCK §6.2.3)

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5.28.040 License; fee; form
. The fee required to be paid to obtain the license to engage in the transient and itinerant trades, as herein set forth, shall be established by resolution or motion of the city council, and such license shall be procured from the city clerk prior to engaging in business in the city. The city clerk shall deliver to the purchaser of any license procured hereunder a license form, which shall indicate the purchaser's name, the date purchased, the amount of fee paid, the date of expiration of the license, and the signature of the city clerk shall appear hereon. Such license form shall be carried on the person or posted for public view in the site of business at all times during its effective period. (Ord. 951 §3, 1993: CCK §6.2.4)

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5.28.050 License; separate required for each person
. If two or more persons are associated in any such transient or itinerant business, as herein defined, each such person shall be considered an entity in business, and each shall be required to purchase a license as required hereunder. (CCK §6.2.5)

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5.28.060 License; term; nontransferable
. No license under this chapter shall be issued for a greater period than one year, beginning on January 1 of each year and expiring on December 31 of each calendar year. No license can be transferred by the licensee to any other person except with the written consent of the council upon application thereto in writing. (CCK §6.2.6)

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CHAPTER 5.32
  
PRIVATE DETECTIVES AND MERCHANT POLICE



5.32.010 Definitions

5.32.020 License; required

5.32.030 License; application; fee

5.32.040 Investigation by chief of police

5.32.050 License; issuance standards

5.32.060 License; standards applicable to employees

5.32.070 License; notice of rejection

5.32.080 License; appeal procedure

5.32.090 License; fee payment

5.32.100 License; nontransferable

5.32.110 License; revocation and suspension

5.32.120 License; renewal

5.32.130 License; term

5.32.140 Bond requirements

5.32.150 Promulgation of regulations by chief of police

5.32.160 Duties of licensee

5.32.170 Registration of guards with chief of police

5.32.180 Uniforms



5.32.010 Definitions
. For the purpose of this chapter:

    (a) "Private detective" means any person who accepts employment for hire, fee, or reward, to furnish or supply information as to the personal character or actions or identity of any person, or as to the character or kind of business of any person. The term shall not include within its meaning a private investigator employed exclusively for one employer in connection with a business or collection agency. Nor shall it include a detective or officer belonging to the law enforcement agencies of the United States, or of any state or city.

    (b) "Merchant police" as used herein, means any person, firm, or corporation engaged in the business of watching, guarding, or protecting any premises, property, or persons, for hire; provided, however, that the term shall not include any individual who has only one employer, and who is employed to watch, guard, or protect only the premises, property, or person of that employer, or any common carrier engaged in interstate commerce, employing a person to guard its property, or any individual employed by any such carrier or carriers to watch, guard, or protect premises, property, or persons for such carriers. (Ord. 386 §1 (part), 1973: CCK §6.3.1)

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5.32.020 License; required
. No person shall operate as a private detective or merchant police in the city without first obtaining a license as herein provided, from the chief of police. (Ord. 386 §1 (part), 1973: CCK §6.3.2)

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5.32.030 License; application; fee
. Application for licenses issued hereunder shall be made upon blank forms prepared and made available by the chief of police and shall state:

    (a) The full name, age, residence, present and previous occupations of the applicant;

    (b) Whether the person signing the application is a citizen of the United States;

    (c) A specific description of the location of the principal place of business of the applicant;

    (d) The number of years experience the applicant has had as a private detective or in the related fields;

    (e) The length of time applicant has been a bona fide resident of the state of Alaska immediately preceding the filing of the application;

    (f) Such other information as the chief of police finds reasonably necessary to effectuate the general purpose of this chapter and to make a fair determination of whether the terms of this chapter have been complied with;

    (g) The application required hereunder shall be accompanied by a full set of fingerprints and a recent photograph; and

    (h) The application shall be accompanied by any required fees established by resolution or motion of the city council. (Ord. 951 §4, 1993; Ord. 386 §1 (part), 1973: CCK §6.3.3)

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5.32.040 Investigation by chief of police
. Within twenty days after receipt of an application as provided herein, the chief of police shall cause an investigation to be made of the applicant and the proposed operation. (Ord. 386 §1 (part), 1973: CCK §6.3.4)

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5.32.050 License; issuance standards
. The chief of police shall issue a license hereunder when the following are found:

    (a) The applicant to be of good moral character; and

    (b) That the applicant has never been convicted of any felony or of any offense against the decency and morals of any community, or any offense involving moral turpitude.

    (c) Repealed. (Ord. 784 §2, 1985; Ord. 386 §1 (part), 1973: CCK §6.3.5)

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5.32.060 License; standards applicable to employees
. All employees of any person having or applying for a license hereunder shall meet the standards set forth above and shall be subject to all regulations of this chapter. (Ord. 386 §1 (part), 1973: CCK §6.3.6)

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5.32.070 License; notice of rejection
. The chief of police shall act upon the application for a private detective or merchant police license within twenty days after the filing thereof. If the chief of police disapproves the application, the chief of police shall mail to the applicant, within ten days after the date upon which the application was filed, a notice of the chief's action, stating the reasons for the denial of the permit. (Ord. 386 '1 (part), 1973: CCK §6.3.7)

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5.32.080 License; appeal procedure
. Any person aggrieved shall have the right of appeal of the denial of a private detective or merchant police license to the council. The appeal shall be taken within ten days after notice. The council shall act upon the appeal within fifteen days after its receipt. (Ord. 386 §1 (part), 1973: CCK §6.3.8)

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5.32.090 License; fee payment
. A license shall be issued to a successful applicant upon payment of a license fee as set by section 5.32.030. (Ord. 386 §1 (part), 1973: CCK §6.3.9)

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5.32.100 License; nontransferable
. Licenses issued hereunder shall not be transferable. (Ord. 386 §1 (part), 1973: CCK §6.3.10(A))

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5.32.110 License; revocation and suspension
. Licenses issued hereunder shall be subject to revocation or suspension by the chief of police for violation of any of the provisions of this chapter or misconduct by the licensee or employees of the licensee, after reasonable notice and an opportunity to be heard has been given the licensee. The chief of police shall immediately notify the licensee, by personal service, of such suspension or revocation. (Ord. 386 §1 (part), 1973; CCK §6.3.10(B))

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5.32.120 License; renewal
. The chief of police shall issue renewal licenses to all licensees whose licenses have not been suspended at the time the licenses have expired, upon payment of the license fee. (Ord. 386 §1 (part), 1973: CCK §6.3.10(C))

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5.32.130 License; term
. All licenses issued hereunder shall be for a term of one year. (Ord. 386 §1 (part), 1973: CCK §6.3.10 (D))

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5.32.140 Bond requirements
. (a) No license shall be issued for a private detective hereunder unless the applicant files with the city a surety bond, executed by such applicant with two or more sureties, or by a surety company authorized to do business in the state of Alaska, of ten thousand dollars, or such other financial security as may be approved by the city attorney, conditioned upon careful, faithful, and honest conduct of the services to be performed by the applicant, or the employees of the applicant. Such bond shall be approved by the city attorney as to form, execution, and sufficiency of sureties.

    (b) No license shall be issued hereunder to a merchant police applicant unless the applicant files with the city a surety bond, executed by such applicant, with two or more sureties, or by a surety company authorized to do business in the state of Alaska, of five thousand dollars, or such other financial security as may be approved by the city attorney, conditioned upon careful, faithful, and honest conduct of the services to be performed by the applicant, or the employees of the applicant. Such bond shall be approved by the city attorney as to form, execution, and sufficiency of sureties.

    (c) The bond or approved security required herein shall be taken in the name of the people of the city of Kodiak and the state of Alaska, and every person injured by the negligent, willful, malicious, or wrongful act of the principal, the principal's agent, servant, or employee, or in the conduct of business of a private detective, may bring an action on the bond in their own name and recover damages for such negligent, willful, malicious, or wrongful act.

    (d) The chief of police shall suspend any license when the bond or other approved financial security required herein shall have lapsed or is reduced by reason of a judgment thereon, or for any other reason is no longer in full force and effect. (Ord. 386 §1 (part), 1973: CCK §6.3.11)

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5.32.150 Promulgation of regulations by chief of police
. The chief of police shall have the authority to enact and enforce reasonable rules and regulations for the operation of a private detective or merchant police in the interest of public safety, morals, and welfare and to effectuate the general purpose of this chapter. (Ord. 386 §1 (part), 1973: CCK §6.3.12)

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5.32.160 Duties of licensee
. (a) The licensee hereunder shall cause a certificate of such license to be displayed at all times in a conspicuous place in or on the place of business described in such license. The licensee shall carry on the licensee's person at all times when performing services as a private detective, a certificate of the license issued hereunder.

    (b) No private detective licensed hereunder shall impersonate or hold such private detective out as a peace officer of this state; nor shall a private detective operate or permit to be operated a motor vehicle with a siren, blinker light, or with any insignia thereon bearing likeness to the insignia used by the peace officers of this state. (Ord. 386 §1 (part), 1973: CCK §6.3.13)

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5.32.170 Registration of guards with chief of police
. Any individual who has only one employer and who is employed to watch, guard, or protect the premises, property or that of the employer, shall register with the chief of police and carry identification furnished by the chief of police while on duty. The city shall require a reasonable deposit on all identification and badges furnished such registrants. (Ord. 386 §1 (part), 1973: CCK §6.3.14)

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5.32.180 Uniforms
. It is unlawful for any merchant policeman, guard, or other licensee regulated by this chapter, and not a member of the police or fire department, to wear a uniform, cap, badge, or button similar to, or in imitation of the police and fire department. Any person, firm, or corporation desiring to provide merchant police, watchmen, guards, or other licensees regulated by this chapter, shall use no distinctive uniform, cap, badge, or buttons to be worn by such persons or employees thereof, until the form, design, and color thereof shall have been first submitted to and approved by the chief of police. (Ord. 386 §1 (part), 1973: CCK §6.3.15)

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CHAPTER 5.36
  
DANCE FUNCTIONS FOR MINORS



5.36.010 Permit; required

5.36.020 Permit; applicant requirements

5.36.030 Permit; issuance conditions


5.36.010 Permit; required
. No person shall conduct or operate a dance at city facilities which minor persons are permitted to attend without first obtaining a permit from the parks and recreation director. (Ord. 796, 1986: CCK 6.6.1)

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5.36.020 Permit; application requirements
. (a) A completed application for a dance permit shall be submitted to the parks and recreation director on a form provided by the city. The application shall include, but not be limited to, the following information:
          (1) The name, address, telephone number, and designated contact person of the applicant;
          (2) The proposed location, date, and time of the dance;
          (3) Whether the dance will be restricted to minors and their chaperons; and
          (4) A statement of conformance to all provisions of this chapter.

    (b) Each application shall be accompanied by the scheduled fee, if any, for use of the specified city facility. (Ord. 796, 1986: CCK §6.6.2)

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5.36.030 Permit; issuance conditions
. The parks and recreation director shall issue such a permit if all of the following conditions appear to be adequately met:

    (a) There shall be lighting of such intensity as to make any person recognizable across the full width of the dance floor to a person with normal eyesight;

    (b) The operator or operators of the dance agree not to permit any minors to be or remain at the dance in violation of any curfew provisions of this code;

    (c) A parent of at least one minor person attending the dance must be present at all times to serve as a chaperon while any minor or minors are present at the dance; and

    (d) No alcoholic beverages are allowed on the premises. (Ord. 796, 1986: CCK §6.6.3)

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CHAPTER 5.40  
VEHICLES
FOR HIRE


Ordinance No. 1286(SUB), effective June 4, 2011, repealed KCC 5.40 Taxicabs and For-Hire Vehicles and enacted KCC 5.40 Vehicles for Hire. Repeal of former chapter 5.40, Ordinance Number 512, effective March 11, 1978, repealed former chapter 5.40 and enacted new chapter 5.40 in lieu of the repealed provisions. Former chapter 5.40 derived from CCK §6.10.1C6.10.6; Ord. 303, 1967; Ord. 329, 1969.

 

 Article 1 – Vehicles for Hire, in General

 

Section

5.40.005          Permit required for vehicle for hire
5.40.010          Permit application
5.40.015          Processing permit application
5.40.020          Permit expiration and renewal
5.40.025          Required equipment and markings
5.40.030          Required insurance coverage
5.40.035          Vehicle standards and inspection
5.40.040          Responsibilities of permittee
5.40.045          Grounds for permit suspension or revocation
5.40.050          Permit denial, suspension or revocation procedure; appeal
5.40.055          Shuttle vehicles prohibited
5.40.090          Definitions

 

5.40.005 Permit required for vehicle for hire. No person may cause or permit a motor vehicle to be operated as a vehicle for hire, except in accordance with the terms of a permit issued for that vehicle under this chapter.
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  5.40.010 Permit application. (a) The registered owner (or all registered owners if there are more than one) of a motor vehicle must apply for a vehicle for hire permit for the motor vehicle. The application shall be submitted to the city clerk on a form provided by the city clerk, and shall include:
         
(1) The name and address of the applicant or applicants.
          (2) If an applicant is not a natural person, the business entity form and jurisdiction of incorporation or organization of the applicant, and the name and address of each officer of the applicant and each natural person who owns, directly or indirectly, more than five percent of the equity of the applicant.
         
(3) The name under which the vehicle for hire business will be conducted.
          (4) The make, model, year of manufacture, vehicle identification number, and Alaska license number of the motor vehicle registered to the applicant that will be operated under the permit.
         
(5) A description of any distinctive color scheme, design and lettering or numbering that will be applied to the exterior of the motor vehicle while it is operated under the permit.
         
(6) The type of vehicle for hire (taxicab, limousine or tour vehicle) that the applicant will operate under the permit.
         
(7) Proof that a vehicle that is to be used as a taxicab is registered as a taxicab with the State of Alaska, and proof that a vehicle that is to be used as any other type of vehicle for hire is registered for the transportation of passengers for hire with the State of Alaska.
    
(b) The application shall be accompanied by:
         
(1) The application fee established by resolution or motion of the city council.
         
(2) A copy of the applicant’s current Alaska business license.
         
(3) For each applicant who is a natural person, proof that the applicant is at least 19 years old.
         
(4) A written report on a form provided by the city of a safety inspection of the vehicle performed by a motor vehicle repair shop, confirming that the vehicle is equipped as required by this chapter and meets all other applicable legal requirements for operation as a vehicle for hire. The applicant shall select the motor vehicle repair shop to perform the safety inspection from a list supplied by the city, but may not select a motor vehicle repair shop that has an ownership interest in common with the applicant or the motor vehicle.
         
(5) Proof of insurance for the motor vehicle required by section 5.40.030.
         
(6) For a vehicle for hire permit for a taxicab, a copy of the tariff approved by the council under which the applicant will operate the taxicab.
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5.40.015 Processing permit application. (a) Except as provided for taxicab permits in section 5.40.110, if the city clerk finds that a vehicle for hire permit application is complete, and meets all of the requirements in this chapter for the issuance of the permit, the city clerk shall notify the applicant that the permit is approved, and issue the permit after the applicant has obtained a certificate of registration as a sales tax collector under section 3.08.080.
    
(b) If the city clerk finds that a vehicle for hire permit application does not meet all of the requirements in this chapter for the issuance of a permit, the city clerk shall notify the applicant as provided in section 5.40.050(a) that the city clerk intends to deny the permit. If the applicant fails to cure the deficiency in the application within 10 days after the date of the notice, the city clerk shall deny the permit. The applicant may appeal the denial of a permit under this subsection to a hearing officer as provided in section 5.40.050(c).
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5.40.020 Permit expiration and renewal.
(a) A vehicle for hire permit is effective from the date of its issuance until it expires, as provided in this section.
    
(b) A vehicle for hire permit shall be issued for a period not to exceed three years and shall expire on December 31 of the second calendar year after the year in which it was issued.
    
(c) Beginning one month before the permit expires, a permittee may apply to renew the permit for the following three-year period. The renewal application shall contain the information required in section 5.40.010 and any additional information required for the type of vehicle for hire, and shall be processed as provided in section 5.40.015; provided that the city clerk shall not renew the permit upon finding that any of the grounds for permit revocation in section 5.40.045 apply to the permittee. The applicant may appeal the denial of a permit under this subsection to a hearing officer as provided in section 5.40.050(c).
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5.40.025. Required equipment and markings.
(a) Every vehicle for hire shall be equipped with lighting that shall illuminate the entire passenger compartment of the motor vehicle while passengers are entering or exiting.
    
(b) Every vehicle for hire that is a limousine or a tour vehicle shall display on its windshield a decal issued by the city identifying the vehicle as a vehicle for hire and bearing the permit number for the vehicle for hire.
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5.40.030 Required insurance coverage. The permittee shall maintain continuously for the motor vehicle that is described in the permit a policy of insurance issued by an insurance company authorized to do business in Alaska for liability arising from the operation of the motor vehicle, including uninsured motorist coverage, with a combined single limit of $300,000 for bodily injury or death in any one accident, and including a provision requiring written notice to the city not less than thirty days before cancellation of the policy or the reduction of coverage under the policy below the minimum limits required by this section.
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5.40.035 Vehicle standards and inspection. (a) A vehicle for hire must meet the provisions of the State of Alaska motor vehicle code and the applicable provisions of this chapter.
    
(b) The city may require an inspection of a vehicle for hire to be performed at the expense of the permittee when the city has reasonable cause to believe that the vehicle does not conform to the applicable requirements of this chapter. The permittee shall select the motor vehicle repair shop to perform the inspection from a list supplied by the city, but may not select a motor vehicle repair shop that has an ownership interest in common with the applicant or the motor vehicle.
    
(c) If the city determines that a vehicle for hire requires repair or modification to conform to the applicable standards of this chapter, the city may order the owner of the vehicle not to operate the vehicle until the owner has demonstrated to the satisfaction of the city that the required repair or modification has been completed.
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5.40.040 Responsibilities of permittee. A permittee shall be responsible for:
    
(a) Collecting and timely remitting to the city all city sales tax for transportation services provided under the permit.
    
(b) Maintaining a current certificate of registration as a sales tax collector under section 3.08.080.
    
(c) Maintaining a current mailing address on file with the city clerk. Any notice to a permittee required under this chapter shall be deemed sufficient if mailed to the permittee’s mailing address that current is on file with the city clerk.
    
(d) Maintaining and preserving for a period of not less than two years a legible written record of all trips of the motor vehicle operated under the permit, on a form provided by the city, and making all such records available for inspection by an employee authorized by the city manager during reasonable business hours.
    
(e) Maintaining the motor vehicle operated under the permit in good condition and repair at all times. No inspection of the motor vehicle required under this chapter shall affect the permittee's responsibility under this subsection, or cause the city to assume any of that responsibility.
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5.40.045 Grounds for permit suspension or revocation.
The city clerk may suspend or revoke a permit on any of the following grounds:
    
(a) The making of a false statement in the permit application.
    
(b) Failure of the permittee to collect or timely remit sales taxes due on fares for transportation services rendered under the permit.
    
(c) Failure of the permittee to maintain a current certificate of registration as a sales tax collector under section 3.08.080.
    
(d) The cancellation of the insurance required by this chapter, or the reduction of insurance coverage below the minimum limits required by this chapter, and the permittee's failure to provide the city clerk with evidence of replacement insurance before the effective date of the cancellation or reduction.
    
(e) Conviction of the permittee, any officer or employee of the permittee, or any owner of a controlling interest in the permittee, of any of the following:
         
(1) A felony.
         
(2) A misdemeaner involving the use of, possession of, or traffic in a controlled substance.
    
(f) Conviction of any chauffeur employed by the permittee of a violation of a provision of this chapter or any other provision of city or state law governing operations under the permit, if it is shown to be more likely than not that the permittee knew or should have known of the violation.
    
(g) A permittee under a permit for a taxicab charging any fare that does not conform to the tariff approved by the council under which the permittee is authorized to operate.
    
(h) Failure to comply with section 5.40.040.
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5.40.050 Permit denial, suspension or revocation procedure; appeal.
(a) Except where subsection (b) of this section authorizes an immediate suspension, at least 10 days before denying, suspending or revoking a permit, the city clerk shall mail to the applicant or permittee written notice of intent to deny, suspend or revoke the permit, stating the grounds therefor. The notice shall state the time and place at which the city will hold a hearing on the permit denial, suspension or revocation upon the permittee’s written request, which time shall not be less than 10 days after the date the city clerk mails the notice.
    
(b) Notwithstanding subsection (a) of this section, the city clerk may suspend a permit immediately if the city clerk has probable cause to believe that continued operation under the permit presents a substantial hazard to public safety, and shall suspend a permit immediately upon the permittee's failure to maintain insurance required by section 5.40.030. The suspension shall remain in effect until the permittee demonstrates to the city clerk that the cause for the suspension has been corrected. Promptly after suspending a permit under this subsection, the city clerk shall give the permittee written notice of the suspension, and of the permittee’s right to request a hearing on the suspension, in accordance with subsection (a) of this section.
    
(c) Upon the submission by the applicant or permittee within five days after the date of the notice provided under subsection (a) of this section of a written request for a hearing on the denial, suspension or revocation of a permit, a hearing officer designated by the city manager shall conduct the hearing at the time and place stated in the notice of the denial, suspension or revocation. The hearing officer shall conduct the hearing in an informal manner and shall not be bound by the technical rules of evidence. The applicant or permittee may appear in person or by counsel, present evidence, and cross examine witnesses. The hearing shall be recorded. Within five days after the conclusion of the hearing, the hearing officer shall prepare and mail to the applicant or permittee and the city clerk a written decision whether to deny, suspend or revoke the permit, stating the reasons for the decision.
    
(d) Any person aggrieved by the hearing officer’s decision under subsection (c) of this section may appeal the decision to the superior court within 30 days after the date the decision was mailed or delivered to the parties. Unless the court orders otherwise, an appeal does not stay the effect of a decision by the hearing officer to deny, suspend or revoke a permit
.
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5.40.055 Shuttle vehicles prohibited.
No person may cause or permit a motor vehicle to be operated as a shuttle vehicle.

 5.40.090 Definitions. As used in this chapter:
    
(a) "Alcoholic beverage" has the meaning given in AS 04.21.080(b).
    
(b) "Chief of police" means the chief of police, or a person that the chief of police or the city manager designates to perform the functions of the chief of police under this chapter.
    
(c) "City clerk" means the city clerk, or a person that the city clerk or the city council designates to perform the functions of the city clerk under this chapter.
    
(d) "Controlled substance" means any substance listed as being controlled under AS 11.71 or 21 U.S.C. §§812 - 813, or determined under federal regulations to be controlled for purposes of 21 U.S.C. §§812 - 813 (Controlled Substances Act).
    
(e) “Courtesy vehicle” means a motor vehicle operated by a business to transport only:
         
(1) Clients of the business without any separate charge for the transportation. and
         
(2) Employees of the business.
    
(f) “License” means a chauffeur’s license issued under this chapter.
    
(g) “Licensee” means a holder of a license.
    
(h) "Limousine" means a motor vehicle that is used to transport passengers for an hourly or contract rate, and which is not operated over any fixed or defined route.
    
(i) "Motor vehicle" means a motor vehicle as defined in AS 28.40.100 that is required to be registered under AS 28.10, and that is not designed to transport more than 15 passengers, including the driver.
    
(j) “Motor vehicle repair shop” means a person subject to regulation under AS 45.45.130 - 240.
    
(k) “Permit” means a vehicle for hire permit issued under this chapter.
    
(l) “Permittee” means a holder of a permit.
    
(m) “Shuttle vehicle” means a motor vehicle that transports passengers for a fee from a starting point or to a destination that is selected by the operator. A courtesy vehicle is not a shuttle vehicle.
    
(n) "Substantial damage" means damage that can reasonably be expected to adversely affect passenger safety or comfort.
    
(o) "Taxicab" means a motor vehicle that is used to transport passengers for a fee based upon the distance traveled or waiting time, or both, and which is not operated over any fixed or defined route.
    
(p) "Test positive" for a controlled substance means the identification of one or more controlled substances in the urine based on levels defined by the U.S. National Institute of Drug Administration as confirmed by a laboratory certified by the U.S. Department of Health and Human Services.
    
(q) “Tour vehicle” means a motor vehicle that transports passengers for a fee on a route and to destinations selected by the operator, for the purpose of the operator showing the passengers locations of scenic, historic or cultural interest.
    
(r) “Unconditional discharge” means release from all disability arising under a sentence for an offense, including any period during which a person is subject to a suspended imposition of sentence, or to probation or parole.
    
(s) “Vehicle for hire” means a motor vehicle offered for hire with a driver as a taxicab, limousine or tour vehicle.
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                                               Article 2 – Taxicabs and Limousines

Section
5.40.100     Permit to operate taxicab or limousine required
5.40.105     Permit application for taxicab or limousine
5.40.110     Processing permit application for taxicab
5.40.115     Limits on number of permits for taxicabs and on permit ownership
5.40.120     Required equipment and markings
5.40.125     Responsibilities of taxicab or limousine permittee
5.40.130     Permit transfer
5.40.135     Voluntary suspension of permit for taxicab
5.40.140     Loss, damage and disposal of motor vehicle
5.40.145     Limousine service requirements
5.40.150     Approval of tariffs
5.40.155     Taxi stands

5.40.100 Permit to operate taxicab or limousine required. No person may cause or permit a motor vehicle to be operated as a taxicab except under a vehicle for hire permit for a taxicab. No person may cause or permit a motor vehicle to be operated as a limousine except under a vehicle for hire permit for a limousine.
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5.40.105 Permit application for taxicab or limousine. In addition to the information required in an application for a vehicle for hire permit under section 5.40.010, an application for a vehicle for hire permit:
    
(a) For a taxicab shall include proof that the vehicle that is to be used as a taxicab is registered with the State of Alaska as a taxicab, and a copy of the tariff approved by the council under which the applicant will operate the taxicab.
    
(b) For a limousine shall include proof that the vehicle that is to be used as a limousine is registered with the State of Alaska for the transportation of passengers for hire.
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5.40.110 Processing permit application for taxicab. (a) If the city clerk finds that an application for a vehicle for hire permit for a taxicab is complete, and meets all of the requirements in this chapter for the issuance of a permit except that the permit would be in excess of the number of permits for taxicabs authorized at that time, the city clerk shall refer the application to the city council for review under section 5.40.115(b).
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5.40.115 Limits on number of permits for taxicabs and on permit ownership. (a) No more than 26 vehicle for hire permits for taxicabs, including permits that are suspended under sections 5.40.090 or 5.40.130, may be in effect at any time. The city council may increase or decrease the maximum number of vehicle for hire permits for taxicabs if it finds that the public convenience and necessity so require; provided that no decrease in the maximum number of permits for taxicabs shall have the effect of revoking or preventing the renewal of any existing permit.
    
(b) In addition to changing the maximum number of vehicle for hire permits for taxicabs under subsection (a) of this section, the council may increase the maximum number of such permits in response to an application for an additional taxicab permit. If the council finds probable cause to believe that the public convenience and necessity require the increase, the council shall hold a public hearing on the application. At the hearing, the applicant has the burden of proving by clear and convincing evidence that the public convenience and necessity require an increase in the maximum number of vehicle for hire permits for taxicabs. If the council determines that the public convenience and necessity require the increase, it shall direct the issuance of an additional vehicle for hire permit for a taxicab.
    
(c) If a vehicle for hire permit for a taxicab expires under Section 5.40.050(b) and is not renewed, or is revoked under section 5.40.100, the council shall determine whether to reduce the number of authorized vehicle for hire permits for taxicabs. If the council does not reduce the number of authorized vehicle for hire permits for taxicabs, the city clerk shall publish and post notice to the public soliciting applications for a taxicab permit to replace the expired or revoked permit. Applications shall be submitted to the city clerk in the form, and with the information, required in sections 5.40.010 and 5.40.105. If qualified applicants submit more applications meeting the requirements of sections 5.40.010 and 5.40.105 than the number of available permits, the city clerk shall determine by lot which applicants will receive the available permits. The permittee under a vehicle for hire permit for a taxicab that expires under section 5.40.020(b) and is not renewed, or that is revoked under section 5.40.050, may not apply for another permit for a period of one year after the date of the expiration or revocation.
     (d) No person may hold at any one time a direct or indirect interest in more than one-third, increased to the nearest whole number, of all vehicle for hire permits for taxicabs that then are authorized. A person holds an indirect interest in a permit if the permit is held by the person’s spouse, parent, brother, sister, or child, or an entity of which the person is a partner, member or shareholder.
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5.40.120. Required equipment and markings. In addition to the requirements of section 5.40.025, a motor vehicle used as a taxicab shall:
    
(a) Have an illuminated toplight structure permanently affixed to the roof of the motor vehicle, which shall display the permit number assigned to the motor vehicle in readable letters which are not less than two nor more than twelve inches high.
    
(b) Display at a location in its interior that is visible to the passenger a legible notice or placard setting forth the fares charged to passengers.
    
(c) Display at a location in its interior that is visible to the passenger the identification and photograph for the chauffeur who is operating the vehicle.
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5.40.125 Responsibilities of taxicab or limousine permittee. In addition to the responsibilities of a permittee under Section 5.40.040:
    
(a) A taxicab or limousine permittee shall be responsible for determining that each person who operates the vehicle for hire has a valid current chauffeur’s license issued under this chapter.
    
(b) A taxicab permittee shall be responsible for retaining for a period of not less than two years after the end of each shift of a chauffeur operating the taxicab the trip sheet that the chauffeur is required to complete under Section 5.40.330(b), and making all such records available for inspection by an employee authorized by the city manager during reasonable business hours.
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5.40.130 Permit transfer. (a) Transfer of vehicle for hire permit for a taxicab.
         
(1) A permittee may not transfer the vehicle for hire permit for a taxicab, or any right to operate a motor vehicle as a taxicab under the permit, without the prior written approval of the city clerk. A transfer of any interest in a corporation or other business entity that results in a change in the control of the entity constitutes a transfer of any vehicle for hire permit for a taxicab held by the entity.
         
(2) A transferee of a vehicle for hire permit for a taxicab shall apply for approval of the transfer of the permit by submitting to the city clerk all of the information required in an original application for a taxicab permit under sections 5.40.010 and 5.04.105. The city clerk shall approve the transfer of a taxicab permit only after finding that the transfer application is complete and meets all of the requirements in this chapter for the issuance of a vehicle for hire permit for a taxicab to the transferee. The city clerk shall notify the applicant of the denial of an application, and the applicant may appeal the denial, in the manner provided for the denial of a permit in section 5.40.015(b).
    
(b) A vehicle for hire permit for a limousine is not transferable. If the permittee transfers its interest in the motor vehicle that is the subject of a vehicle for hire permit for a limousine, the permit expires.
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5.40.135 Voluntary suspension of permit for taxicab. (a) The permittee may elect to suspend operation of a motor vehicle as a taxicab by giving the city clerk written notice of the election and surrendering to the city clerk the vehicle for hire permit for the taxicab.
    
(b) While a suspension of a vehicle for hire permit under this section is in effect,
         
(1) The permittee may not operate the motor vehicle for which the vehicle for hire permit was issued as either a taxicab or any other type of vehicle for hire.
         
(2) The vehicle for hire permit remains subject to the provisions for permit expiration and renewal in section 5.40.020.
         
(3) Except as provided in this section, the motor vehicle for which the vehicle for hire permit was issued is not subject to the requirements of this chapter.
    
(c) The permittee may elect to terminate a permit suspension under this section and recover the suspended permit, by giving the city clerk written notice of the election, and demonstrating to the satisfaction of the city clerk that the motor vehicle for which the permit was issued meets all of the requirements for a taxicab in this chapter. The city clerk may require an inspection of the motor vehicle under section 5.40.035 for this purpose.
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5.40.140 Loss, damage and disposal of motor vehicle. A permittee shall notify the city clerk immediately upon the loss, destruction, substantial damage, or sale or other disposal of the motor vehicle described in a permit for a taxicab or limousine. Upon the loss, destruction, substantial damage, or sale or other disposal of a motor vehicle described in a permit for a taxicab, the permit is suspended, and the permit shall be reinstated when the vehicle is repaired and/or replaced. Upon the loss, destruction, substantial damage, or sale or other disposal of a motor vehicle described in a permit for a limousine, the permit expires.
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5.40.145 Limousine service requirements. (a) A permittee under a permit for a limousine shall provide limousine service only in accordance with a written service agreement signed by the customer and the permittee or the permittee's authorized agent at least one hour before the service commences. The service agreement shall state the business name of the limousine service, the date and time the customer first requested the service, the date and time service is requested to commence, the customer's name, mailing address and telephone number, the anticipated duration of the service, and the hourly or contract fee for the service. An original executed copy of the service agreement shall be carried in the limousine and be available to the passengers at all times during the limousine service that it covers.
    
(b) A permittee under a permit for a limousine shall cause a trip report to be kept for each limousine service agreement. The name of the chauffeur operating the limousine, the customer's name and the date and the time the service begins shall be entered on the report when the service begins, and the date and time the service ends shall be entered on the report when the service ends. The trip report shall be either attached to and filed with the service agreement or printed on the service agreement beneath the signatures.
    
(c) A permittee under a permit for a limousine shall maintain and preserve all service contracts and trip reports for a period of not less than two years, and make them available for inspection by an authorized employee of the city during reasonable business hours.
    
(d) Only the permittee under the permit for a limousine may accept requests and make arrangements for limousine service.
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5.40.150 Approval of tariffs. A permittee under a permit for a taxicab shall charge for all trips that in whole or in part are within the city only in accordance with a tariff of taxicab fares approved by the council. The tariff shall state the fare per trip or per increment of distance traveled, and the rates for standing and for additional passengers if such charges are levied. A permittee under a permit for a taxicab may apply to the council to change any rate in the approved tariff under which the permittee operates. The council will approve the change after a public hearing only if the council determines it to be in the best public interest.
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5.40.155 Taxi stands. The council by resolution shall establish taxi stands in such locations and in such numbers as the council from time to time determines to be in the best public interest. No person may stop, stand or park a motor vehicle at a taxi stand, except for the type of motor vehicle for whose use the stand has been designated. There shall be no charge for the use of a taxi or bus stand by the type of motor vehicle for whose use the stand has been designated.
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                                             Article 3 –Tour Vehicles

Section
5.40.200     Permit to operate tour vehicle required
5.40.205     Permit application for tour vehicle
5.40.210     Permit transfer
5.40.215     Route plan required

5.40.200 Permit to operate as tour vehicle required. No person may cause or permit a motor vehicle to be operated as a tour vehicle except under a vehicle for hire permit for a tour vehicle.
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5.40.205 Permit application for tour vehicle.
In addition to the information required in an application for a vehicle for hire permit under section 5.40.020, an application for a vehicle for hire permit for a tour vehicle shall include proof that the vehicle that is to be used as a tour vehicle is registered for the transportation of passengers for hire with the State of Alaska.
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5.40.210 Permit transfer. A vehicle for hire permit for a tour vehicle is not transferable. If the permittee transfers its interest in the motor vehicle that is the subject of a vehicle for hire permit for a tour vehicle, the permit expires.
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5.40.215 Route plan required. A permittee may operate a tour vehicle only on a route that is shown on an approved route plan for the permittee that is on file with the chief of police. The permittee shall file route plan with the chief of police showing the route or routes on which the permittee will operate a tour vehicle, and all scheduled stops on each route, not later than May 1 of each year. The chief of police shall approve a route plan unless the chief of police finds that operation of a tour vehicle on the route plan will cause a traffic hazard or unreasonable traffic delay or congestion. The chief of police shall notify the permittee in writing of the rejection of a route plan within 24 hours after its filing, with a statement of the reasons for the rejection. The rejection of a route plan is subject to appeal under the procedure in section 5.40.050.
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Article 4 — Chauffeurs

 Section
5.40.300     Chauffeur's license
5.40.305     License application
5.40.310     Qualifications of applicant
5.40.315     Processing license applications
5.40.320     License expiration and renewal
5.40.325     Requirements for all licensees
5.40.330     Requirements for licensees operating a taxicab
5.40.335     Testing of licensees for controlled substances
5.40.340     Consequences of a positive test
5.40.345     Grounds for license suspension or revocation
5.40.350     Procedure for license suspension or revocation

5.40.300 Chauffeur's license. No person may operate a taxicab or limousine except in accordance with a chauffeur’s license issued under this chapter.
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5.40.305 License application. An application for a chauffeur’s license is submitted to the chief of police on a form provided by the chief of police. The application shall include the name and address of the applicant, and shall be accompanied by:
         
(1) The application fee established by resolution or motion of the city council, which shall be prorated for a license that is issued for a term greater or less than two years.
         
(2) Proof that the applicant is at least 19 years old.
         
(3) A photograph of the applicant taken by the police department.
         
(4) A full set of fingerprints of the applicant taken by the police department.
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5.40.310 Qualifications of applicant. (a) An applicant for a chauffeur's license shall:
         
(1) Be at least 19 years of age.
         
(2) Possess a valid state of Alaska driver's license that permits the applicant to operate the vehicle that the person will operate under the license, and demonstrate familiarity with the traffic laws of the city of Kodiak and the state of Alaska.
         
(3) Possess a medical certificate establishing the applicant's health meets the minimum standards of 13 AAC 08.025(a)(l) through 13 AAC 08.025(a)(8), or a valid state school bus operator's permit.
         
(4) Submit to a city-approved drug testing facility or contractor a urine sample to be tested for the presence of controlled substances.
    
(b) An application for a chauffeur's license shall be denied if the applicant:
         
(1) As of the date of application, has been convicted of any of the following under the laws of Alaska or any other jurisdiction, if less than one year has elapsed since the applicant’s unconditional discharge on the most recent conviction:
              
(i) Traffic violations in a 12 month period totaling 12 or more points under Alaska statute.
              
(ii) Traffic violations in a 24 month period totaling 18 or more points under Alaska statute.
              
(iii) Driving while license is suspended or revoked.
         
(2) As of the date of application, has been convicted of any of the following under the laws of Alaska or any other jurisdiction, and less than five years has elapsed since the applicant’s unconditional discharge on the conviction:
              
(i) Any offense against the person as set out in AS 11.41.
              
(ii) Any offense against property classified as a Class A felony as set out in AS 11.46.
              
(iii) Any offense against the family classified as a felony as set out in AS 11.51, or contributing to the delinquency of a minor as set out in AS 11.51.130.
              
(iv) Any offense against public administration classified as a Class A or B felony as set out in AS 11.56.
               (v) Any offense against public order classified as a felony as set out in AS 11.61.
              
(vi) Any offense against public health and decency pertaining to gambling, which is classified as a felony or Class A misdemeanor, or pertaining to prostitution.
              
(vii) Any offense involving a controlled substance or imitation controlled substance as set out in AS 11.71 or AS 11.76.
              
(viii) Any attempt or solicitation classified as a Class A or B felony.
         
(3) At any time has been convicted under the laws of Alaska or any other jurisdiction of sexual assault in any degree, sexual abuse or offenses related to sexual abuse as stated in AS 11.41, homicide or robbery.
         
(4) Tests positive for the presence of one or more controlled substances in his or her urine, unless the applicant provides evidence that any controlled substance for which the urine sample tested positive was present in the applicant’s urine as the result of having been prescribed by a state licensed medical doctor.
    
(c) An applicant denied a license the first time for testing positive for a controlled substance may not reapply for at least six months after the positive test. An applicant denied a license more than once for testing positive for a controlled substance may not reapply for at least two years after the most recent positive test.
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5.40.315 Processing license applications.
(a) If the chief of police finds that a license application is complete, and meets all of the requirements in this chapter for the issuance of a license, the chief of police shall issue the license for the term provided in section 5.40.320.
    
(b) If the chief of police finds that a license application does not meet all of the requirements in this chapter for the issuance of a license, the chief of police shall notify the applicant as provided in section 5.40.350(a) that the chief of police intends to deny the license. If the applicant fails to cure the deficiency in the application within 10 days after the date of the notice, the chief of police shall deny the license. The applicant may appeal the denial of a license under this subsection to a hearing officer as provided in section 5.40.350(c).

5.40.320 License expiration and renewal. (a) A license is effective from the date of its issuance until it expires as provided in this section.
    
(b) The term of a license that is not issued to renew an existing license shall expire on the first day of the month of the licensee's first birthday that occurs more than 15 months after the date of issuance.
    
(c) The term of a license that is issued to renew an existing license shall expire two years after the date of the expiration of the existing license.
    
(d) Not later than 30 days before a license expires, the licensee may apply to renew the license. The renewal application shall contain the information required in section 5.40.305, and shall be processed as provided in section 5.40.315.
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5.40.325 Requirements for all licensees. No licensee may:
    
(a) Operate a vehicle for hire without displaying the licensee’s identification photograph or placard at a location in the interior of the vehicle that is visible to the passenger.
    
(b) Operate a vehicle for hire without the permit required by this chapter for such operation in full force and effect.
    
(c) Operate or remain in physical control for purposes of operating a vehicle for hire for a period of more than 12 consecutive hours, or for more than 16 hours in any 24 hour period. As used in this subsection "physical control" means having access to the vehicle and being available for dispatch.
    
(d) Consume any alcoholic beverage, or consume any controlled substance that impairs the ability to operate a motor vehicle, during working hours as a licensee or within four hours preceding the operation of a vehicle for hire.
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5.40.330 Requirements for licensees operating a taxicab. (a) No licensee operating a taxicab may:
         
(1) Charge a fare different from that authorized by the applicable tariff approved by the council.
         
(2) Fail to display the applicable tariff in the taxicab in a manner so that it will be visible to passengers.
         
(3) Refuse to convey an orderly person or persons upon request and tender of the proper fare, unless currently engaged or unable or forbidden to do so by the provisions of this chapter or the laws of the state of Alaska.
         
(4) Transport or offer to transport additional passengers without the permission of any passengers then occupying the taxicab.
    
(b) A licensee operating a taxicab shall carry in the taxicab a legible trip sheet, on a form authorized by the city, for the licensee’s current shift, and shall produce the trip sheet for inspection upon request of the chief of police or the chief’s designee. The licensee shall enter the following information on the trip sheet:
         
(1) Immediately after going on duty, at the top of the trip sheet, the licensee's name and license number, the taxicab number, and the date.
         
(2) Immediately after picking up a passenger or group of passengers, the time and place of passenger pickup and the number of passengers transported.
         
(3) Immediately after discharging a passenger from the taxicab, the time of passenger delivery, the destination and the amount of the fare received.
    
(c) A licensee operating a taxicab shall submit all trip sheets prepared under subsection (b) of this section to the permittee under the permit for the taxicab at the end of the licensee’s shift.
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5.40.335 Testing of licensees for controlled substances. A licensee is subject to testing for controlled substances as provided in this section.
    
(a) Random testing. Up to one time during a calendar year, a licensee may be selected at random for testing. Within 12 hours after notice to do so, a licensee who is selected at random for testing shall report to a drug testing facility, collection point or contractor designated by the city and shall provide a sample of his or her urine to be tested for the presence of controlled substances. The chief of police will remove a licensee from the random testing pool upon the request of the licensee during any period that the licensee is not employed as an operator of a vehicle for hire in the city and surrenders his or her license to the chief of police.
    
(b) Post accident testing. A licensee who is involved in a traffic accident while operating a vehicle for hire in the city that results in (i) a fatality, or an injury to a person requiring medical attention other than at the accident scene, or (ii) damage to a vehicle requiring that the vehicle be towed from the accident scene, shall provide a sample of his or her urine to be tested for the presence of controlled substances as soon after the accident as practicable, and in any event within 24 hours after the accident, unless prevented from doing so by injury. The city may require a licensee who is involved in a traffic accident while operating a vehicle for hire in the city that results in the citation of the licensee for a traffic law violation that is required to be reported under AS 28.15.191 or AS 28.37.130 to provide a sample of his or her urine to be tested for the presence of controlled substances as soon after the accident as practicable, and in any event within 24 hours after the accident, unless prevented from doing so by injury.
    
(c) Reasonable suspicion testing. A licensee shall provide a sample of his or her urine to be tested for the presence of controlled substances when requested to do so by a police officer who as a result of observing the licensee’s speech, driving or other conduct has a reasonable suspicion that the licensee has been operating a vehicle for hire under the influence of a controlled substance or the combined influence of a controlled substance and alcohol.
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5.40.340 Consequences of a positive test. (a) A licensee whose test under section 5.40.335 is positive for a controlled substance shall be notified of the result, and within 72 hours after receiving such notification may:
         
(1) Request a re-test of the urine sample which tested positive, and
         
(2) Provide evidence that any controlled substance for which the urine sample tested positive was present in the licensee’s urine as the result of having been prescribed by a state licensed medical doctor.
    
(b) If a licensee’s test under section 5.40.335 is positive for a controlled substance, any retest under (a)(1) of this section confirms the positive result, and the licensee fails to provide evidence under (a)(2) of this section that each controlled substance for which the licensee tested positive was present in the licensee's urine as the result of having been prescribed by a state licensed medical doctor, the licensee’s license will be suspended for six months after the first such positive test, and for two years after the second or subsequent such positive test. A license that is suspended under this subsection shall not be reinstated unless the licensee has passed a test for controlled substances equivalent to the test required of a license applicant after the suspension has expired.
    
(c) A refusal to submit to a test for controlled substances required under 5.40.335, or an attempt to adulterate a sample or sabotage or invalidate the results of such a test, shall have the same consequences as a confirmed, unexcused positive test result.
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5.40.345 Grounds for license suspension or revocation. (a) The chief of police may suspend a license not more than thirty days for the first offense; not more than six months for a second offense committed within five years of the most recent previous offense; and not more than one year for any subsequent offense committed within five years of the most recent previous offense, if the licensee:
         
(1) Makes a false statement in the license application; or
         
(2) Violates a provision of this chapter or any other provision of city or state law; or
          (3) Operates a vehicle for hire other than as authorized herein.
    
(b) The chief of police may suspend a license not more than thirty days for the first offense; not more than one year for a second offense committed within five years of the most recent previous offense; and not more than three years for any subsequent offense committed within five years after the most recent previous offense; if the licensee is convicted of an offense that would disqualify the licensee from obtaining a license under section 5.40.310(b).
    
(c) The chief of police shall suspend or revoke a license upon suspension or revocation of the licensee's Alaska driver's license, for a period not less than the period of suspension or revocation of the licensee's Alaska driver's license.
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5.40.345 Grounds for license suspension or revocation. (a) The chief of police may suspend a license not more than thirty days for the first offense; not more than six months for a second offense committed within five years of the most recent previous offense; and not more than one year for any subsequent offense committed within five years of the most recent previous offense, if the licensee:
         
(1) Makes a false statement in the license application; or
         
(2) Violates a provision of this chapter or any other provision of city or state law; or
          (3) Operates a vehicle for hire other than as authorized herein.
    
(b) The chief of police may suspend a license not more than thirty days for the first offense; not more than one year for a second offense committed within five years of the most recent previous offense; and not more than three years for any subsequent offense committed within five years after the most recent previous offense; if the licensee is convicted of an offense that would disqualify the licensee from obtaining a license under section 5.40.310(b).
    
(c) The chief of police shall suspend or revoke a license upon suspension or revocation of the licensee's Alaska driver's license, for a period not less than the period of suspension or revocation of the licensee's Alaska driver's license.
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5.40.350 Procedure for license suspension or revocation. (a) Except in the circumstances described in subsection (b) of this section, at least 10 days before denying, suspending or revoking a license, the chief of police shall mail to the applicant or licensee written notice of intent to deny, suspend or revoke the license, stating the grounds therefor. The notice shall state the time and place at which the city will hold a hearing on the license denial, suspension or revocation upon the licensee’s written request, which time shall not be less than 10 days after the date the chief of police mails the notice.
    
(b) Notwithstanding subsection (a) of this section, the chief of police may suspend a license immediately if the chief of police has probable cause to believe that continued operation under the license presents a substantial hazard to public safety. The suspension shall remain in effect until the licensee demonstrates to the chief of police that the cause for the suspension has been corrected. Promptly after suspending a license under this subsection, the chief of police shall give the licensee written notice of the suspension, and of the licensee’s right to request a hearing on the suspension, in accordance with subsection (a) of this section.
    
(c) Upon the submission by the applicant or licensee within five days after the date of the notice provided under subsection (a) of this section of a written request for a hearing on the denial, suspension or revocation of a license, a hearing officer designated by the city manager shall conduct the hearing at the time and place stated in the notice provided under subsection (a) of this section. The hearing officer shall conduct the hearing in an informal manner and shall not be bound by the technical rules of evidence. The applicant or licensee may appear in person or by counsel, present evidence, and cross examine witnesses. The hearing shall be recorded. Within five days after the conclusion of the hearing, the hearing officer shall prepare and mail to the applicant or licensee and the chief of police a written decision whether to deny, suspend or revoke the license, stating the reasons for the decision.
    
(d) Any person aggrieved by the hearing officer’s decision under subsection (c) of this section may appeal the decision to the superior court within 30 days after the date the decision was mailed or delivered to the parties. Unless the court orders otherwise, an appeal does not stay the effect of a decision by the hearing officer to deny, suspend or revoke a license.
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CHAPTER 5.44  
HOTEL REGISTRATION

 



5.44.010 Hotel registration



5.44.010 Hotel registration
. All hotel operators shall require guests to register. All guests shall register. All hotels shall keep a permanent register of all persons staying in such hotel. (Ord. 695 § 20, 1983: CCK §4.7.12)

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CHAPTER 5.48
  
ALARM SYSTEMS



5.48.010 Definitions

5.48.020 Instructions for operation of a system; user responsible

5.48.030 Persons responding to activated alarms

5.48.040 Notifying police of alarms; records required

5.48.050 Local or audible alarm systems cutoff

5.48.060 Operational defects to be remedied

5.48.070 Automatic dialing and prerecorded telephone messages prohibited

5.48.080 Improper activation of alarm

5.48.090 Reserved

5.48.100 Licensing required; application; term; renewal



5.48.010 Definitions
. As used in this chapter:

    (a) "Alarm business" means any person engaged in the business of installing, planning the installation, servicing, maintaining, repairing, or replacing of alarm systems in the city of Kodiak.

    (b) "Alarm condition" means an actual or attempted burglary, robbery, forced entry, or other crime.

    (c) "Alarm system" means any mechanical equipment, or device which is designed to detect an unauthorized entry into any building or onto any property, or to direct attention to a robbery in progress and to signal the above occurrences either by a local or audible alarm or by a silent and remote alarm. Alarm systems shall not include alarms installed in motor vehicles which by their nature are mobile and are intended to prevent theft through the creation of a loud noise.

    (d) "False alarm" means an alarm signal transmitted in the absence of an alarm condition.

    (e) "Local or audible alarm" means an alarm that when activated makes a loud noise at or near the protected area or floods the site with light or both.

    (f) "Person" includes any individual, partnership, corporation, or association.

    (g) "Silent bypass or remote alarm" means an alarm without an obvious local indication that an alarm has been activated and which transmits a signal to a remote monitoring station.

    (h) "User" means any person who owns, leases, or otherwise controls premises upon which an alarm system has been installed. (Ord. 791 (part), 1986)

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5.48.020 Instructions for operation of a system; user responsible
. (a) Alarm businesses shall instruct its user customers orally and through written instructions on the proper operation of a system after it is installed. It shall be the responsibility of the user to see that all employees of businesses with installed alarm systems, or persons regularly using other premises on which an alarm is installed, are instructed in proper operating procedures to avoid false alarm signals.

    (b) No person shall sell or offer to sell any alarm system by advertising or representing that it can be used automatically to summon the police for any reason. Any button installed in an alarm system and intended to be depressed manually for the purpose of summoning the police shall be referred to as a "silent bypass alarm" and instructions shall be given that it is not to be used unless there is an actual or attempted crime in progress.

    (c) It shall be the responsibility of the user of an alarm system to cause the system to be maintained in reliable operating condition. (Ord. 791 (part), 1986)

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5.48.030 Persons responding to activated alarms
. (a) Upon installation of any alarm system, the users shall provide the police department with the names and telephone numbers of at least two persons designated by the user who can reset or turn off the alarm system when needed. The user shall promptly notify the police department of any changes in the identity or phone numbers of those persons designated to respond. Upon notification of activation of an alarm, at least one such person designated by the user shall proceed immediately to the location of the activated alarm and render all necessary service and assistance to reset the alarm system. Responding personnel shall arrive on the scene within a reasonable time not to exceed thirty minutes after receiving notice of the alarm. It is unlawful for any such person to willfully and intentionally fail to appear and turn off any such alarm within thirty minutes after being notified by the police to do so.

    (b) All silent or remote alarms maintained by any alarm business shall terminate in an office of such business. Whenever the alarm business has reason to believe there is a valid alarm it will immediately notify the police department. (Ord. 791 (part), 1986)

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5.48.040 Notifying police of alarms; records required
. (a) Whenever any alarm business employee notifies the police department of an activated alarm system, the employee shall state the business name and furnish the address of the activated alarm, the name and type of establishment from which the alarm originated, the precise location of the alarm (if there is more than one floor or department), and the type of alarm; e.g., silent robbery, silent burglary, or ringer-type alarm.

    (b) Alarm businesses that request police responses to an alarm signal shall maintain a record of all police calls stating the time, date, and location of the alarm. These records shall be made available to an authorized member of the police department during normal business hours. (Ord. 791 (part), 1986)

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5.48.050 Local or audible alarm systems cutoff
. Every alarm which uses a local or audible alarm device shall be equipped with an automatic cutoff device set for sixteen minutes or less. (Ord. 791 (part), 1986)

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5.48.060 Operational defects to be remedied
. The sensory mechanisms used in connection with alarm systems shall be adjusted to suppress false alarms so that the device will not be activated by impulses due to transient pressure changes in water pipes, short flashes of lights, wind noises such as the rattling or vibrating of doors or windows, vehicular noises adjacent to the installation, or other forces unrelated to genuine alarms. (Ord. 791 (part), 1986)

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5.48.070 Automatic dialing and prerecorded telephone messages prohibited
. No person shall use or operate, attempt to use or operate, or cause to be operated, or arrange, adjust, program, or otherwise operate any device or combination of devices that will, upon activation, automatically dial or initiate a telephone call and deliver a prerecorded message to any telephone number assigned to the police department. (Ord. 791 (part), 1986)

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5.48.080 Improper activation of alarm
. It is unlawful for anyone to activate any alarm system for the purpose of summoning police except in the event of an actual or attempted crime, or for anyone notifying the police of an activated alarm system and having knowledge that such activation was apparently caused by an electrical or other malfunction of the alarm system to fail at the same time to notify the police of such apparent malfunction. (Ord. 791 (part), 1986)

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5.48.090 Reserved
. (Ord. 791 (part), 1986)

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5.48.100 Licensing required; application; term; renewal
. All alarm systems must be licensed as follows:

    (a) Application: An annual license application shall be filed with the police department and will contain the following information:
        (1) Name, mailing address, and telephone number of the owner or leaseholder of the premises upon which an alarm system is installed;
        (2) Physical address of premises with installed alarm system;
        (3) Names and telephone numbers of at least two designated persons who can reset or turn off the alarm system;
        (4) Type of alarm (burglar, holdup, etc.);
        (5) A floor plan or line drawing accurately depicting the floor plan. This plan should include locations of doors, windows, and other access points as well as information on any hazardous materials, equipment, or other significant information concerning the premises; and
        (6) Installer or alarm business which monitors and services the alarm.
    (b) Term: The license will be issued for a term beginning May 1 and ending April 30, following approval of the police chief or the chief's designee.
    (c) License form: The license shall consist of an approved and current copy of the license application.
    (d) Renewal: License renewal shall consist of updating all information on the original application form. (Ord. 791 (part), 1986)

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