TITLE XI: BUSINESS REGULATIONS

AMUSEMENT DEVICE. Any game, device, or machine kept, operated, or played in any place of business or other place where the public is invited or permitted to attend and which may be played by the insertion of money.

APPLICATION. A new application, a renewal of an application, or a transfer of license application.

AUCTIONEER. Any person who sells or offers to sell merchandise by public outcry or to the highest bidder, either for himself or herself or for another person.

BUSINESS. Professions, trades, occupations, shops, and every kind of calling carried on for profit or livelihood.

EXHIBITION. The display of goods or materials for which an admission fee is charged.

FLEA MARKET. All general sales, open to the public, conducted in any commercial zone within the city, for the purpose of disposing of personal property. These general sales include, but are not limited to, sales entitled FLEA MARKETS, BAZAARS, and RUMMAGE SALES. FLEA MARKET also includes situations where booths, tables, or spaces are sold or rented for the purpose of conducting sales of personal property. For the purpose of this definition, PERSONAL PROPERTY means property which is owned by the individual conducting the sale, is purchased for resale, or is obtained on consignment.

GARAGE SALE. Any public sale of new or used goods within the city limits by an individual or group of individuals from private property when the individual or group of individuals is not in the business of selling goods or is not licensed as a secondhand or junk dealer, and when the property from which the sale is to be conducted is not within a zone permitting commercial business or otherwise permitted under the provisions of this chapter.

GENERAL CONTRACTOR. Any person who undertakes or offers to undertake for consideration to furnish all of the material, or labor, or both, that are considered necessary to construct, alter, repair, or add to any building or structure, including commercial, residential, or heavy construction work.

NONPROFIT. Any business or organization, which holds a certificate of exemption from taxes from the Internal Revenue Service.

PERSON. All domestic and foreign corporations, associations, syndicates, partnerships of every kind, joint ventures, societies, and individuals transacting and carrying on any business in the city.

RESIDENTIAL BUILDING CONTRACTOR. Any person who furnishes or offers to furnish all of the material, or labor, or both, that are required to construct, alter, repair, or add to any residential structure or other residential construction work, and who employs not more than 4 persons, including the person or persons contracting.

SELF-EMPLOYED. A person who contracts on predetermined terms to be responsible for the performance of all or part of a job of construction in accordance with established specifications or plans.

SUBCONTRACTOR. A person who contracts on predetermined terms to be responsible for the performance of all or part of a job of construction in accordance with established specifications or plans.

TRANSIENT MERCHANT. Any person, firm, or corporation selling or offering to sell, other than at auction, any merchandise in any building, store, room, or place of business occupied by the person, firm, or corporation within the city with the intention of doing so for a short period of time and without the intention of permanently doing so in the regular course of business.

VENDING MACHINE. Any machine from which foods, drinks, or cigarettes are received in return for the insertion of money.

(Ord. 70.01, passed 12-13-2005)

§ 110.02 PURPOSE.

This chapter is enacted to provide revenue to pay for the expenses required to issue licenses, to provide revenue to pay for municipal services to businesses, and to regulate businesses.

(Ord. 70.01, passed 12-13-2005)

§ 110.03 NONPROFIT ORGANIZATIONS.

This chapter will apply to nonprofit businesses and organizations, except that the fee for the license required under this chapter will be waived. Proof of the business’s or organization’s nonprofit status will be required.

(Ord. 70.01, passed 12-13-2005)

§ 110.04 AGENTS OF NONRESIDENT PROPRIETORS.

The agent or agents of a nonresident proprietor engaged in any business for which a license is required by this chapter shall be liable for the payment of fees established by the Council, and for the penalties for failure to pay the fees or to comply with the provisions of this chapter as if the agent or agents were themselves

proprietors.

(Ord. 70.01, passed 12-13-2005)

§ 110.05 LICENSE REQUIRED.

It shall be unlawful for any person to transact or cause to be transacted any business without having first obtained a license therefore from the City Recorder for the current calendar year.

(Ord. 70.01, passed 12-13-2005) Penalty, see § 10.99

§ 110.06 DURATION OF LICENSE.

All business licenses under this chapter are annual and shall expire on December 31. The required application and license fee are due on January 1 of each year for the calendar year commencing with that date and are delinquent on February 1.

(Ord. 70.01, passed 12-13-2005)

§ 110.07 LICENSE FEES.

(A) All trades, shops, businesses, occupations, and professions carried on in the city, and not licensed and taxed by other provisions of this chapter or other ordinances of the city, shall be established by resolution of the Council.

(B) Garage sales may be conducted without obtaining a business license. However, no household may conduct more than 2 garage sales in a 1-year period, and no sale may last longer than 5 days.

(C) A license fee is not delinquent until after the applicant has commenced business within the city during the calendar year without paying the required license fee.

(D) When an applicant for a business license has not engaged in business during the calendar year until after June 30, the required fee for the license shall be reduced by 1/2. If the applicant had engaged in the same or similar business during the previous calendar year, there will be no reduction in the required fee.

(E) Where the applicant for a business license is operating more than 1 trade, shop, business, occupation, or profession from the same location, each trade, shop, business, occupation, or profession must be separately licensed, but the applicant need pay only the 1 highest license fee.

(Ord. 70.01, passed 12-13-2005) Penalty, see § 10.99

§ 110.08 LICENSING APPLICATION.

(A) All business licenses required under this chapter or any other ordinance shall be issued by the Recorder. The application for any license shall contain the following information:

(1) The description of the business carried on within the city;

(2) The name of the applicant, with a statement of all persons having an interest in the business, either as proprietors or owners of the business;

(3) The location in which the business is conducted;

(4) Proof of the applicant’s possession of any licenses, certificates, or registrations that are required by state or federal laws to conduct the type of business listed on the application;

(5) The date of application;

(6) The average number of persons regularly employed by the business at the time the application for license is made. When practicable, this average shall be computed by adding all regular employees listed on the business’s social security reports during the year and dividing this total by the number of reports;

(7) The amount of money tendered with the application; and

(8) Any other information necessary to enable the city to review the application under division (B) below and to determine the appropriate fees as established by resolution of the Council.

(B) The Recorder shall refer each application to the appropriate departments of the city for review. Approval or denial of the application shall be based on consideration of all available evidence as to whether

the proposed business will meet the requirements of the City Charter and ordinances. The license may not be granted if:

(1) The activity or device would not comply with city ordinances or state or federal laws;

(2) The licensed activity or device would endanger property or the public’s health or safety;

(3) The applicant’s violation of law or ordinance represents a reasonable doubt about the applicant’s ability to perform the licensed activity without endangering property or the public’s health or safety;

(4) The applicant fails to supply the information required, or submits misleading or false information, or submitted misleading or false information on a previous application; and/or

(5) The premises to be used by the business do not fully comply with all city ordinances and requirements.

(C) In the event of the transfer of any business, the license shall be transferred using a form provided by the Recorder, signed by the person making the transfer, and accompanied with a transfer fee established by resolution of the Council.

(D) Upon a favorable recommendation from each department, the Recorder shall issue the license. If any department determines that the application should be denied, the Recorder shall notify the applicant of the denial and the reason for the denial.

(Ord. 70.01, passed 12-13-2005)

§ 110.09 UNLAWFUL ACTS.

It is unlawful for any person to willfully make false or misleading statements to the City Recorder for the purpose of determining the amount of a license

fee, or to fail to comply with any of the provisions of this chapter, or to fail to pay any required license fee or penalty.

(Ord. 70.01, passed 12-13-2005) Penalty, see § 10.99

§ 110.10 DELINQUENT LICENSE FEES.

In the event that any person required to obtain a license fails to obtain the license or pay the required fee before it becomes delinquent, the Recorder shall collect the fee payment with a penalty of 10% of the fee payment for each calendar month, or fraction of a month, that the fee payment is delinquent.

(Ord. 70.01, passed 12-13-2005)

§ 110.11 FEE AMOUNTS.

Nothing contained in this chapter may be construed as vesting any right in license or a contract obligation on the part of the city as to the amount of the fee. Other taxes or fees and the fees provided by Council resolution may be increased, decreased, or created by the city. Any business may be reclassified at any time and other fees or taxes may be levied. No person who has received a license and has paid the fee required under this chapter shall be entitled to any refund.

(Ord. 70.01, passed 12-13-2005)

§ 110.12 VIOLATIONS.

The conviction of a person for violation of any provision of this chapter may not serve to relieve the person from paying the fee or penalty for which the person is liable. The payment of any fee may not bar or prevent legal prosecution of a complaint for the violation of any provisions of this chapter.

(Ord. 70.01, passed 12-13-2005)

§ 110.13 REVOCATION OF LICENSE.

Upon determination that a licensed business, activity, or device within the city violates city ordinances or state or federal laws, or that the application contains false or misleading information, the City Recorder may revoke the license upon 30-days’ notice in writing to the licensee, with the notice delivered to the licensee’s establishment, or the licensee’s business address. The notice shall state the reasons for the revocation.

(Ord. 70.01, passed 12-13-2005)

§ 110.14 SUSPENSION OF LICENSE.

Upon determining that a licensed business, activity, or device presents an immediate danger to persons or property, the Recorder may suspend the license. The suspension takes effect upon the licensee’s receipt of the suspension notice, or upon delivery of the notice to the establishment of the licensee’s business address. The notice shall state the reason for the suspension. The Recorder may continue a suspension as long as the reason for the suspension exists, or until a determination on an appeal regarding the suspension is made.

(Ord. 70.01, passed 12-13-2005)

§ 110.15 APPEAL.

(A) Any person whose application for a license has been denied, or a licensee whose license has been denied renewal, has been suspended, or has been revoked, may, within 30 days after the notice of denial, suspension, or revocation is mailed, appeal in writing to the Council. The appeal shall state:

(1) The name and address of the applicant;

(2) The nature of the determination being appealed;

(3) The reason the determination is incorrect; and

(4) What the correct determination of the appeal should be.

(B) An appellant who fails to file a statement within the time permitted waives all objections, and relinquishes all rights to appeal. If a notice of revocation is appealed, the revocation does not take effect until final determination of the appeal. At the hearing, the appellant may present evidence and oral argument, and file a written statement. A record will be made of this hearing. At the conclusion of the hearing, the Council or its appointed hearings officer will determine the appeal and direct that written findings be prepared. The decision will be final upon the Mayor or hearings officer signing the findings. This decision will be final.

(Ord. 70.01, passed 12-13-2005)

§ 110.16 CIVIL PENALTIES; PUBLIC NUISANCE.

(A) A Banks police officer may seek civil penalties for violations of this chapter in accordance with a schedule established by Council resolution and order.

(B) Any business maintained in violation of the provisions of this chapter may be declared to be a public nuisance and subject to the provisions of Chapter 90.

(Ord. 70.01, passed 12-13-2005)