The City Council has deemed it necessary to issue business licenses
and establish procedures governing the issuance of business licenses
in order to identify owners/operators of businesses, track changes
in ownership and/or business activity, define the nature of business
activities, ensure an understanding of and compliance with City codes
governing business operations, provide necessary approval, enforcement,
and compliance procedures and for other public purposes.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
BUSINESS
Any person engaged in the sale of goods or services, including,
but not limited to, any retail, wholesale, service, rental, food service,
professional or personal service, or other general commercial activity.
HOTEL
Includes every person engaged in the business of operating
a place where the public may, for a consideration, obtain sleeping
accommodations and meals and which has at least six permanent bedrooms
for the use of guests.
MANUFACTURER
Any person as owner or agent in the practice, conduct, pursuit,
or carrying on of the business of working raw materials into products
of a different character, finished or unfinished, or of effecting
any combination or composition of material, the nature of which is
changed; or of finishing by hand or machinery goods, wares, or merchandise
or any article or material.
MOBILE HOME PARK
Includes every person engaged in the business of providing
space and facilities for rent or lease to owners of mobile home units
on a permanent or semipermanent basis.
MOTEL
Includes every person engaged in the business of furnishing
for a consideration transient guests with sleeping accommodations,
private bath and toilet facilities, linen service, and a place to
park an automobile and who is not in the business of operating a hotel
as defined in this section.
PERSON
Any individual, firm, corporation, company, partnership,
or joint venture.
RAILROAD
Includes any railroad with an interchange point within the
City limits, any railroad located within the City limits which does
intrastate business, any railroad that has traffic originating with
the City, and any railroad that has traffic terminating within the
City limits.
TRANSIENT MERCHANT
A person who engages or proposes to engage temporarily in
merchandising business in the City and occupies a room, building,
tent, vehicle, lot, stand, or other premises for the purpose of selling,
trading, or bartering goods, wares, and merchandise.
The provisions of this chapter shall not apply to the following:
A. Deliveries of goods or property to a resident at his/her home or
to a licensed business for use or resale in that business.
B. Charitable, religious, educational, or public service facility, social
association or club, or governmental agency except to the extent that
such operate a separate retail facility, provided that any third parties
operating on behalf of any such entities shall not be exempted from
obtaining a business license.
C. Exhibitor in a museum, the Harrington Public Library, an educational
facility, or other public building where such exhibition is part of
a limited scheduled event or show.
D. Residents conducting yard sales on the premises of personal property
owned or leased by said resident; provided, however, that not more
than four yard sale events shall be conducted in each calendar year
on said premises. A yard sale that occurs over a period of up to three
consecutive days is considered one yard sale event. Any charitable
or public service institution, association, club, or body not organized
or conducted for private gain shall be exempt from the limit of four
yard sales per calendar year.
E. Sale of agricultural or nursery items grown on the premises of the
property owner.
F. Transient merchants paying a registration fee to participate in an
event sponsored by a nonprofit or charitable organization.
G. Anyone under 18 years of age.
H. Any business that has obtained a valid City of Harrington contractor
license.
A business license issued under the provisions of this chapter
shall be displayed in a public place in the establishment or place
of business for which it is issued or, if applicable, carried by the
licensee.
Each business license granted under this chapter shall be for
the sole use and benefit of the person to whom it is issued and shall
not be transferable. A business license may not be transferred from
one party to another or from one location to another location of the
same business. If the location or nature of the licensee's business
activities substantially changes after the issuance of a business
license, a new business license shall be required. In case of the
death of any individual licensee, his/her personal representative
shall succeed to all rights thereunder until the expiration of the
license.
A duplicate license shall be issued by the City Manager and/or his/her designee to replace any license previously issued which has been lost, stolen, defaced, or destroyed without any willful conduct on the part of the licensee, upon the filing by the licensee of an affidavit sworn to before a notary public of this state attesting to that fact and payment of the fee as set forth in Chapter
180, Municipal Fees.
A license shall be obtained in the manner prescribed in this
chapter for each branch establishment or location of the business
engaged in as if each branch establishment or location were a separate
business, provided that warehouses and distributing plants used in
connection with and incidental to a business licensed under the provisions
of this chapter shall not be deemed to be separate places of business
or branch establishments.
Transient merchants shall comply with all regulations of this chapter, including obtaining a business license. If the transient merchant changes locations or occupies multiple locations, a separate license is required for each location as provided for in §
120-10, Transfer of license, and §
120-12, Multiple business locations.
Notwithstanding any other provision, no person shall sell merchandise
at any public function held in the City on lands owned by the City
without first obtaining written permission therefor from the City
Manager.
A business operating in the City shall at all times be in compliance
with all City codes and ordinances. Each licensee shall refrain from
operating the licensed business after expiration of his/her license
and during the period his/her license is revoked.
The City Manager and/or his/her designee shall have the authority
to make or have made all inspections and investigations reasonably
necessary to enforce this chapter and to inspect those portions of
the commercial premises that are open and visible to the public in
order to ensure that the business is being conducted as specified
by the license and is in compliance with all applicable building,
safety, zoning, and other City codes. All persons authorized by this
chapter to inspect businesses shall have the authority to enter the
premises to inspect at all reasonable times.