organization, engaged in procuring
or providing persons to perform temporary unskilled work at a site other than
the Premises in which (1) the day laborers are paid, by the day labor business
or a third party employer, each work day or on the business day following the
work day, and ( 2) persons arrive at the Premises to make application for work
as a day laborer, to obtain assignment for day labor, to obtain transportation
to a day labor site or to obtain payment of wages or benefits for day labor.
For purposes of this definition, "unskilled work" means work
involving physical tasks for which the (1) the worker is not required by law to
hold a professional or occupational license, or (2) the employer or contractor
controlling the site of the work does not require the worker to have (a) a high
school diploma or its equivalent, or (b) education beyond high school, or (c)
relevant vocational education or (d) demonstrated proficiency with a specified
type of machinery to be used in the work, but does not include white collar,
secretarial, clerical or professional work.
Director
means the director of neighborhood and community services or a person
designated by the director.
Permittee means any individual, firm, association, corporation,
partnership or organization holding a permit issued by the director pursuant to
this chapter to operate a day labor business.
Premises
means the bounds of the enclosure where a day labor business is conducted and
includes parking lots and other adjacent private property occupied by or used
in connection with the business.
Third party
employer means any individual, firm, association, corporation, partnership
or organization contracting with a day labor business for purposes of procuring
persons to provide services for the third party employer.
Sec. 41-2. Applicability
of other regulations; conflicting provisions.
(a) The permit
provided for in section 41-3 is subject to the general provisions of this
chapter and of chapter 40 of this Code. In the event of a conflict between the
provisions of this chapter and other parts of this Code, the provisions of this
chapter shall control.
(b) The permit
and fees required by this chapter shall be in addition to any other licenses
and fees required by this Code.
(c) The permit
fees required by this chapter apply only to the costs of investigating and
processing the applications for the permits.
Sec. 41-3. Permit
required.
It shall be
unlawful after March 31, 2003, for any person to engage in a day labor business
at any location unless that person has obtained from the director a permit to
do so, or to operate the business after the permit has been revoked or while
the permit is suspended. A permit is required for each location of a day labor
Premises.
Sec. 41-4. Permit
duration; renewal; fees.
(a) Permits for
the operation of day labor business shall be annual permits which expire on
December 31 of each year. Each permit shall include the name of the permit
holder and address of the Premises. Permits in good standing on the date of
their expiration shall be eligible for renewal. The application for a permit
shall be accompanied by payment in full of the fee stated in this section, by
cash, certified or cashier's check or money order, and no application shall be
considered complete until the fee is paid. The fee shall not be refunded under
any circumstances.
(b) The fee for
each permit shall be as follows:
New
day labor business permit, $150.00 per year; renewal of day labor business
permit $150.00 per year
Sec. 41-5. Contents of
application.
Any person
desiring to operate a day labor business shall make written application for
such permits or the renewal thereof to the director, which application shall be
signed by the applicant and notarized . All applications shall be submitted
on a form supplied by the director and shall set forth the following:
(1) The name, residence address,
home telephone number, date and place of birth of the applicant;
(2) The business name, address of
the Premises and telephone number of the business;
(3) The names, residence addresses,
residence telephone numbers, and dates of births of the following:
a. all partners, if
the applicant is a partnership;
b. all members, if
the applicant is a limited liability company;
c. all corporate
officers and directors and all shareholders with greater than a ten percent
interest corporation, if the applicant is a corporation;
d. all persons having
an ownership interest in any other business entity or association.
(4) Whether or not the applicant
has been convicted of violating any provision of this chapter or has ever had a
permit issued under this article revoked or suspended and the reason therefor;
(5) Evidence and information of any
kind tending to demonstrate that the permit being sought will be utilized in
the applicant's business conducted in accordance with the provisions of this
chapter;
(6) If the applicant is a
corporation, a certificate of good standing issued by the secretary of state
not more than 30 days prior to the submittal of the application; and
(7) Such further information as the
director may reasonably require.
Sec. 41-6. Inspections.
The director is
hereby empowered to appoint inspectors of any day labor business, and all those
Premises shall be open to the inspections of the director or inspectors
appointed by him or to any member of the police department at any time during
the hours allowed for business and at other reasonable times.
Sec. 41-7. Authority to
prescribe additional regulations.
The director
shall have the power to promulgate regulations as may be necessary and feasible
for the carrying out of the duties of the office and which are not inconsistent
with the provisions of this chapter.
Sec. 41-8. Penalty for
violation of article.
It shall be
unlawful for any person to violate any of the provisions of Section 41-3 of
this chapter. Upon conviction thereof, such person shall be fined not less than
$25.00 and not more than $500.00, or be punished by imprisonment at the
municipal correctional institution or in such other place as provided by law,
or be punished by both such fine and imprisonment. Each day's violation of, or
failure, refusal or neglect to comply with, any provision of this article shall
constitute a separate and distinct offense. The penalties provided in this
section are in addition to and are separate from any administrative actions by
the director to suspend, revoke or disapprove renewal of a permit issued under
this chapter.
Sec. 41-9. Judicial
review of orders of director; stay of enforcement of orders.
Following the
entry of an order by the director suspending or revoking a permit, or
disapproving a new or renewal application for a permit, such permittee or
applicant may seek judicial review in a manner provided by law. The director
shall stay enforcement of such order for a period of time not to exceed 30 days
pending the filing or final disposition of proceedings for judicial review.
Secs. 41-1041-20.
Reserved.
DIVISION 2. APPLICATION.
Sec. 41-21. Criteria for
issuance of permit.
(a) The director
shall investigate the application for a day labor business permit and shall
issue the permit authorized by this chapter if the director finds that each of
the following conditions is met without exception:
(1) Applicant is current in all taxes, fees and
other amounts due to the city on any account, for any purpose;
(2) The application is complete and
appears to be truthful and accurate;
(3) The
application is accompanied by the required fee;
(4) The Premises meets all other
applicable health, safety, zoning, property maintenance, building and fire
codes and ordinances of the city;
(5) The Premises has a clean and
adequate waiting area with adequate seating and adequate heating, ventilating
and air conditioning which is made available to the workers waiting for work
assignments or transportation to work assignments at least one (1) hour prior
to the posted commencement of the work assignment and transportation;
(6) The Premises has adequate
drinking water and toilet facilities which shall be available to the workers
waiting for work assignments or transportation to work assignments at all times
during all hours of operation of the business or during which the waiting room
referred to herein is open;
(7) The day labor business and
Premises are covered by not less than $1,000,000 liability insurance; and
(8) The applicant has provided the
director with a designated agent for service who can regularly be found in the
city during normal business hours.
(b) The director
is authorized to make inspections at reasonable times and hours of any day
labor premises in which the day labor business is or is to be located for
purposes of determining whether such business fully complies with the
provisions of this section.
Sec. 41-22. Approval or
disapproval of application and hearing.
(a) The
application for a day labor business permit authorized under this chapter shall
be approved or disapproved within thirty (30) days from the date of the
director's determination that the application is complete, unless the applicant
agrees in writing to an extension of that time period. If a permit application
is disapproved, the director shall notify the applicant in person, or by
registered or certified mail to the applicant's last known address, and shall
state the basis for such disapproval.
(b) If within
ten (10) days after the director mails notice to the applicant that the
application has been disapproved, the applicant files with the director a
written request for a hearing before the director on whether the applicant has
satisfied the criterion set forth in section 41- 21, then the director shall,
within five days of receipt of a timely request, mail a notice of a hearing to
the applicant, which shall include the date, time and place for the hearing
before the director. The date for the hearing shall be not less than thirty
(30) days nor more than forty ( 40) days following the filing of the request
for a hearing under this section, unless the aggrieved party requesting the
hearing agrees to extend the time for the hearing.
(c) An applicant
for a permit authorized under this chapter aggrieved by the decision of the
director to approve or disapprove a permit may seek judicial review in a manner
provided by law.
Secs. 41-2341-30.
Reserved.
DIVISION 3 . CONDUCT OF BUSINESS.
Sec. 41-31. Display of
license or permit.
Every person,
corporation, partnership or association holding a permit under this chapter as
a day labor business shall post the permit in a conspicuous place and manner on
the Premises.
Sec. 41-32. Compliance
with other regulations.
It shall be the
duty of a permittee to comply with the building codes, zoning, fire, health,
safety and property maintenance ordinances of the city and with all regulations
issued by the director pertaining to day labor businesses. Failure to comply
with the ordinances or regulations after written notification of noncompliance
has been delivered to the business by the city may be a basis for suspension,
revocation or nonrenewal of the permit.
Sec. 41-33. Permittee's
duties to monitor and maintain business and premises.
(a) It is and
shall be the affirmative duty of each permittee to:
(1) Post and enforce a "no
loitering" policy on the Premises, including parking areas and other
exterior parts of the Premises;
(2) Prevent public displays of
indecency, prostitution or solicitation for prostitution from taking place on
the Premises, whether in or out of public view at all times during the hours of
operation;
(3) Prevent disorderly conduct,
disturbances of the public peace and gambling from taking place on the Premises
at all times during the hours of operation;
(4) Prevent any unlawful sale,
distribution, delivery or use of controlled substances, illegal drugs or
narcotics on the Premises at all times during the hours of operation;
(5) Prevent any sale, distribution,
delivery or use of any alcoholic beverages of any kind on the Premises at all
times during the hours of operation;
(6) Allow law officers, code
enforcement officers, health officers or other representatives of the city or
other public agencies full access to the Premises at any time during hours of
operation for purposes of inspection to ensure compliance with this chapter and
other applicable laws.
(7) Regularly inspect and maintain
the Premises and all adjacent sidewalks and alleys within fifty (50) feet of
the Premises for purposes of removing any litter found thereon.
(8) Assure that the licensee or a
manager of the business is present at the Premises at all times during the
hours of operation.
(9) Post and enforce the occupancy
load for the Premises as determined by the city.
(10) During the hours of operation,
promptly report to the police department acts of indecency, prostitution or
solicitation for prostitution, disorderly conduct, disturbances of the public
peace, gambling, unlawful sale, distribution, delivery or use of controlled substances,
illegal drugs or narcotics, and the sale, distribution, delivery or use of any
alcoholic beverages of any kind on the alleys, sidewalks and streets adjacent
to the Premises.
(b) The permit
and the standards of operation, affirmative duties and other requirements of
this chapter shall apply to an entire business operation and its premises,
regardless of the fact that some parts of the business operation, if conducted
separately at a different location, would not be subject to a permit under this
chapter.
(c) Failure to
comply with the requirements of this section and all other requirements of this
chapter is unlawful and a violation of this chapter and shall be grounds for
suspension, revocation or nonrenewal of a license pursuant to the provisions
contained in section 41-41.
Secs. 41-3441-40.
Reserved.
DIVISION 4. ENFORCEMENT.
Sec. 41-41. Suspension,
revocation or denial.
(a) Any permit
issued under the provisions of this chapter may be suspended or revoked or any
permit may be denied by the director, after due notice and affording an
opportunity for a hearing, for any violation of the provisions of this chapter.
Within ten (10) days after the denial, suspension or revocation of any permit
issued under this chapter, or for any other cause expressly allowed in this
chapter, any person aggrieved thereby may apply in writing to the director for
a hearing thereon, and the director shall then promptly set a time and date for
a hearing thereon.
(b) Hearing
procedures. The following procedures shall apply to all hearings conducted
under this section:
(1) The applicant, permittee or an
owner, as the case may be, shall have full right to be represented by counsel;
produce witnesses and other evidence, and to cross examine all witnesses who
appear against him. Oral evidence shall be taken only upon oath or affirmation.
All proceedings in such hearing shall be recorded and transcribed as required
by law. The director may receive evidence relevant to the issues from the
applicant, permittee or from other sources.
(2) If a hearing is held under the
provisions of this chapter, then the director shall issue findings of fact and
conclusions of law, and an order wherein he may approve or disapprove an
application, suspend or revoke a permit previously issued, or renew or refuse
to renew a permit previously issued. The director's order shall be served upon
the applicant or permittee, as the case may be, in person or by registered or
certified mail to the applicant's or permittee's last known address. If the
director is not able to serve the order upon the applicant, permittee, or
applicant for renewal permit in the manner stated in this subsection, and any
notice sent by mail is returned by the postal service, the director shall cause
the order to be posted at the principal entrance of the day labor business, and
that posting shall be a valid means of service. The director's order shall also
be posted for thirty (30) days in the city's department of neighborhood and
community services.
(c) Unless
otherwise provided in this chapter, any applicant or any other person aggrieved
by the decision of the director under the provisions of this chapter may seek
judicial review in a manner provided by law. The cost of a transcript of a
hearing before the director shall be paid by the party requesting the
transcript.
Secs. 41-4241-50.
Reserved.
DIVISION 5. RENEWAL OF PERMIT.
Sec. 41-51. Renewal of
permit.
(a) All day
labor business permits shall expire on December 31 of each calendar year.
Renewal applications for such permits shall be submitted between October 1 and
November 30 of each calendar year, accompanied by payment in full of the fee
stated in this section, by cash, certified or cashier's check or money order,
and no application shall be considered complete until the fee is paid. The fee
shall not be refunded under any circumstances. A day labor business permit
issued under this chapter may be renewed if an application in the form provided
by the director has been filed with the application fee with the director and
if the applicant is in compliance with the requirements in this chapter for an
original permit including but not limited to section 41-21.
(b) Upon timely
application therefor, and subject to meeting the requirements in this chapter
for a new permit, a day labor business permit may be renewed by issuance of a
new permit in the manner provided in this chapter unless the director
disapproves the renewal application in the manner provided by section 41-22.
(c) Upon the
filing of a timely application for renewal of a permit issued under the
provisions of this chapter, the director shall issue a temporary permit to the
applicant, which temporary permit shall remain in effect until the director has
approved or disapproved the application. If a hearing is held as required by
section 41-22, the temporary permit shall remain in effect until the director
has issued an order following the hearing. However, if any hearing required by
section 41-22 is delayed at the request of the applicant, the temporary permit
issued under the provisions of this subsection shall expire as of the date the
hearing was scheduled by the director, unless the applicant shows good cause
for the delay.
(d) Any
applicant issued a temporary permit under the provisions of this section shall
comply, or continue to comply, with the provisions of this chapter.
Additionally, an applicant issued a temporary permit under the provisions of
this section shall be subject to the penalty provisions provided in this
chapter.
(e) If the
application for renewal of a permit is not made during the time provided in
subsections (a) or (b) of this section, the permit shall expire and the
permittee shall cease those activities authorized under this chapter and the
permittee shall file a new application and meet all requirements of this
chapter before engaging in the business or occupations regulated under this
article. An application for renewal filed after the expiration date shall be
treated as a new application.
__________________________________________________________
Approved
as to form and legality:
___________________________________
Assistant
City Attorney