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A. The public works director shall issue or reissue a permit only after the applicant/permittee demonstrates that it is capable and qualified to render reliable residential refuse or commercial or industrial refuse management or residential refuse or commercial or industrial refuse recycling services and that the public health, safety, and welfare will be substantially served by the issuance or reissuance of the permit.

B. In making the determination required above, the public works director may consider, among other things, the application, all pertinent information, and whether:

1. The applicant/permittee has been convicted of a felony within five years prior to application.

2. The applicant/permittee has had a civil judgment entered against him within five years of the date of the application in a case involving allegations of misrepresentation, fraud, dishonesty, or price-fixing where the subject matter involved the rendering of refuse collection, transportation, or recycling services.

3. The applicant/permittee has violated or failed to comply with this chapter or any sanitation law of this state or any other jurisdiction.

4. The applicant/permittee has been delinquent for more than 45 days in the payment of taxes or fees to the city or to any unit of government having jurisdiction.

5. The applicant/permittee has filed with the city or any other city any document that contains information which is false or misleading.

6. The applicant/permittee is unable to pay debts as they fall due in the regular course of business or is otherwise in such financial condition that he cannot continue in business with safety to his customers or the public.

C. In case of a partnership, corporation, or any other group or association, it is sufficient cause for denial or revocation of a permit if any member of such persons or officer or director thereof has performed an act or failed to perform an act which would be cause for denying or revoking a permit of an individual agent for such person.

D. Permits issued under this chapter shall have a term of 12 months from the date of issuance. The permit shall authorize residential refuse or commercial or industrial refuse management or residential refuse or commercial or industrial refuse recycling services citywide subject to the permittee’s compliance with the permit, all requirements of Chapters 8.05, 8.10, and 8.15 MCC, and all requirements of county, state, and federal law.

E. All permittees shall furnish their customers with containers consistent with the permit issued under this chapter and necessary and appropriate to maintain a clean and sanitary condition on the customers’ premises. Such containers shall display conspicuously the business name of the permittee and telephone number and shall be located so as:

1. Not to interfere with vehicular or pedestrian traffic;

2. Not to interfere with city-owned containers; and

3. To conform with all requirements of law.

F. Permittees shall not remove refuse from any business establishment that is located within 500 feet of a private premises between the hours of 7:00 p.m. and 6:00 a.m.

G. Except as authorized for recycling purposes under this chapter, no permittee shall collect, remove, salvage, transport, or dispose of any refuse or other waste of any kind produced by, kept on, or accumulated within or upon any private premises, including single-family dwellings, multifamily dwelling units, duplexes, patio homes, mobile home parks, trailer courts, rooming houses, boardinghouses, apartments, condominiums, townhouses, assisted living facilities, or complexes of any of the foregoing.

H. All contracts for service executed by a permittee under this chapter shall contain a clause subjecting the contract to cancellation by the customer in the event the permittee’s permit is revoked by the city.

I. In the event the city council determines that legitimate governmental purposes would be advanced by having the city exclusively provide residential refuse or commercial or industrial refuse management or recycling services and it is not otherwise prohibited by law, the council may act to prohibit the issuance of permits to perform such services. The city shall not be liable to any permittee for any damages of any kind claimed to result from the actions taken pursuant to this section. All permits issued for residential refuse or commercial or industrial refuse management or recycling services shall bear a statement indicating that the permit shall expire at the end of 12 months and that it is not automatically renewable. The permit shall indicate that the permittee understands that it will not be entitled to damages of any kind in the event that the city council determines that such permits will not be issued in the future. All permits shall be acknowledged.

J. All permittees engaging in recycling shall report annually to the public works director on forms provided stating the amounts and type of refuse collected for recycling during the preceding year. [Code 2004 § 9-53.]