§ 6-246. Issuance of certificate to individual or business.

When an individual proposes to qualify to do a business in his or her own name, or a fictitious name where the individual is doing business as a sole proprietorship, the certification, when granted, shall be issued only to that qualifying individual, in his name.

If an applicant proposes to qualify to engage in contracting as a partnership, corporation, business trust or other legal entity, the applicant shall state the name of the agent, and the partnership and its partners; the name of the corporation and its officers and directors; the name of the business trust and its trustees; or the name of the other legal entity and its members, and must furnish evidence of statutory compliance if a fictitious name is used, as well as copies of the legal incorporation or partnership documents. The applicant shall be active in, and legally empowered to act for, the business organization in all matters connected with its contracting business; and have authority to supervise construction undertaken by the business organization. The certification, when issued, shall be in the name of the individual and the name of the business organization.

If any individual qualifying a business organization ceases to be affiliated with the business organization, he or she shall inform the department within ten days. In addition, if the individual is the only certified individual affiliated with the business organization, the business organization shall notify the department of the individual's termination, within ten days, and shall have 60 days from the termination of the qualifying individual's affiliation with the business organization in which to affiliate with another person certified under the provisions of this article. Failing this, the qualification of the business organization shall be voided.

The qualifying individual shall also inform the department in writing when he proposes to engage in contracting in his or her own name or in affiliation with another business organization; and the new business organization shall supply the same information to the department as required for applicants under this section.

(Ord. No. 07-48, § 2(Exh. A), 9-4-07)