[HISTORY: Adopted by the Mayor and Council of the Village
of Bosque Farms 10-15-2015 (Sec.
5-1 of the 1980 Code). Amendments noted where applicable.]
This Section 5-1 is hereby enacted to provide for the safety,
preserve the health, promote the prosperity and improve the morals,
order, comfort and convenience of the Village and its inhabitants.
As used in this Section 5-1, the following terms shall have
the meanings indicated:
The activity of making, buying, or selling goods or providing
services in exchange for money; work that is part of a job; and the
amount of activity that is done by a store, company, factory, etc.
Pursuant to NMSA 1978, § 3-38-3, all persons, firms, corporations or associations of any character engaged in any business, other than those requiring a business license as set forth in § 5-1-5 and not otherwise exempt by law, shall, before commencing business, and annually thereafter on or before the 16th day of March, secure business registration from the Village of Bosque Farms under the procedures hereinafter set forth, and shall pay a business registration fee, in advance, at the rate of $35 per year for each location where such business is conducted. In the event that any business registration fee due hereunder for renewal shall not be paid by the 16th day of March, or any applicable business registration fee is not paid before commencement of business, a penalty in the amount of $10 per year shall be added to the registration fee. The business registration fee will not be prorated for business conducted for a portion of the year.
Pursuant to NMSA 1978, §§ 3-38-1 through 3-38-6, all persons, firms, corporations or associations of any character engaged in any of the various pursuits, businesses or occupations listed in § 5-1-5 and not otherwise exempt by law shall, before commencing business, and annually thereafter before the 16th day of March, secure a license from the Village under the procedures hereinafter set forth, and shall pay a license fee, in advance, at the rate set in § 5-1-5 for each location where such business is conducted. In the event that any license fee due hereunder for renewal shall not be paid by the 16th day of March, or any applicable license fee is not paid before commencement of business, a penalty in the amount of $10 shall be added in addition to the registration fee.
The following pursuits, businesses or occupations are hereby
required to be licensed and the fees set forth are required to be
paid to the Village for each place of business conducted by the same
person, firm, corporation or association:
A.
Itinerant or traveling shows, circuses, carnivals, wrestling or boxing
exhibitions, operatic and theatrical or other public exhibitions,
at the rate of $25 per day; provided, however, that if any shows shall
not be operated in a permanent building and shall use locations requiring
cleaning after the conclusion thereof, a deposit of $300 in cash,
cashier's check, or other certified funds (no checks) shall be
made with the Village, to be refunded if the Village office certifies
that such temporary location has been satisfactorily cleaned of refuse
and debris deposited there as result of such performance.
B.
Fortune tellers, clairvoyants, palmists, and similar trades, whether
the same be a principal business or pursuit, or incidental to another,
at the rate of $25 for the first day and at the rate of $10 for each
succeeding day.
C.
Itinerant vendors of all kinds who sell merchandise or services of any character, whether delivery be made by them or not, or who shall temporarily bring into the Village stocks of goods, wares, or merchandise and offer the same at public auction or private sale, or who shall offer to perform services for a period of time less than two weeks, at the rate of $25 per day for the term of the license to: (1) traveling salesmen or drummers taking orders for merchandise to be delivered to retail dealers only; (2) any person selling fruits, farm or garden produce of his own raising; (3) sales of merchandise or services within markets or flea markets having a single location used as a market or flea market for three or more vendors on a regular basis; and provided further, however, that nothing herein shall be construed to be a repeal of Section 7-3-9 of the Code of the Village of Bosque Farms, which prohibits certain door-to-door sales.
D.
Street stands, except where conducted for charity, at the rate of
$50 per year; provided, however, that this subsection shall not apply
to garage sales.
It shall be the duty of all persons, prior to engaging in any business described in § 5-1-3 or 5-1-4 herein, to obtain an application therefor from the Village Clerk/Administrator or designated business license official of the Village of Bosque Farms, which application shall contain information concerning the name of the person, firm, corporation or association undertaking the business, a complete address, both in the Village and elsewhere, of such person, firm, corporation or association, together with a description of the nature of the business to be conducted, which application shall also comply with § 5-1-8, and contain information sufficient to show compliance with all other ordinances of the Village, and return said application with all information and payment of the fee imposed in § 5-1-3 or 5-1-4 herein.
It shall be the duty of the Village Clerk/Administrator or designated
business license official to provide suitable business registrations
or licenses to be furnished to all applicants, and each business registration
or license shall be prominently displayed at the place of business
for which it is issued.
No business registration or license shall be issued hereunder
unless the applicant for a business registration or license shall
furnish to the Village Clerk/Administrator or business license official
a current New Mexico taxpayer identification number or evidence of
application for a current taxpayer identification number pursuant
to NMSA 1978, § 3-38-4C.
After a person has made application to the Village for business
registration or licensure, the application may be denied for any of
the following reasons:
A.
The applicant does not meet the qualifications for business registration
or licensure as provided under this Section 5-1.
B.
For a new application, nonpayment of a returned check for the required
registration or license fees at the time the application is made;
for a business registration or license renewal application, nonpayment
of the required registration or license fees plus penalty three months
after it is due.
C.
False or incomplete information given on the application.
D.
Noncompliance with any requirement or condition set by the Village
governing body, Planning and Zoning Commission or Clerk/Administrator
under a conditional use permit, special use permit, home occupation
permit or other special exception.
E.
Noncompliance with any Village, state or federal statutes or any
Health Department regulations governing the applicant's proposed
business.
F.
Any other reason expressly provided for in this Section 5-1.
A.
An existing business registration or license may be revoked for any
of the following reasons:
(1)
The registration or license does not now meet the qualifications
for a registration or license as provided under this Section 5-1;
(2)
False or incomplete information given on an application;
(3)
Substantial violations of the terms and conditions on which a registration
or license was issued;
(4)
The registrant or licensee has violated or is violating any provision
of this Section 5-1 or provision of the ordinances of the Village
of Bosque Farms, state or federal statutes or regulations governing
the registrant's or licensee's business;
(5)
The registrant or licensee has obtained or aided another person to
obtain registration or licensure by fraud or deceit;
(6)
Conviction of infractions of or offenses under such an ordinance
or law;
(7)
Wrongful behavior of a substantial character and of a public concern
in relation to the registered or licensed activity;
(8)
When reasonably necessary in the interests of protection of the public
health, safety, peace or welfare;
(9)
The registrant or licensee has failed to pay property taxes, the
utility tax or sales tax;
(10)
The registrant or licensee has refused to allow authorized representatives
of the Village to make an inspection or has interfered with such representatives
while in the performance of their duty in making such inspection;
(11)
The registrant or licensee is not complying with a requirement
or condition set by the Village governing body, Planning and Zoning
Commission or Clerk/Administrator under a conditional use permit,
special use permit, home occupation permit or other special exception;
(12)
Violation of this Section 5-1 by the agents or employees of
the registrant or licensee and violations of any other laws by the
agents or employees committed while acting as an agent or employee
of the registrant or licensee; or
(13)
Any other reason expressly provided for in this Section 5-1.
B.
The governing body may revoke any business registration or license
issued under this Section 5-1 after it has been issued when any one
or more of the following grounds are found to exist:
(1)
Illegal issuance of the business registration or license.
(2)
Issuance of the business registration or license without authority
or power.
(3)
Issuance under an unauthorized ordinance or under an ordinance illegally
adopted.
(4)
Issuance in violation of an ordinance.
(5)
When the business registration or license is procured by fraud or
false representation of facts.
(6)
When the business registration or license is issued through mistake
or inadvertence.
(7)
When the business registration or license application contains false
or misleading statements, evasions or suppression of material facts.
A.
The business license official shall have the authority, without a
hearing, to deny a registration or license for the reasons provided
for in this Section 5-1.
B.
The business license official shall have the authority to revoke
a business registration or license or an alcohol license, without
a hearing, for reasons provided for in this Section 5-1. However,
the revocation shall not take effect until the time period for appealing
the decision as set forth in this Section 5-1 below has passed.
C.
The business license official may, on its own initiative or in response
to complaints from the general public or any Village department or
division, investigate and gather evidence of violations of this Section
5-1 or other circumstances which may give rise to a denial or revocation.
The business license official shall cause written notice to
be given, by personal service or registered mail, to the registrant
or licensee of his or her decision to revoke a registration or license,
the reason for such decision, that operation of a business or the
sale of alcohol after the effective date of the revocation is a misdemeanor,
the registrant's or licensee's right to appeal the business
license official's decision and the appeal procedure.
A.
Appeals of the business license official's decision to deny
or revoke a registration or license may be made by filing a written
notice of appeal with the Village of Bosque Farms within 15 days of
receipt of the notice of denial or revocation.
B.
The notice of appeal shall be in writing and shall set forth with
specificity the reason for which the appeal is taken.
A.
The hearing on a denial or revocation shall be at a time, place and
day set by the governing body of the Village of Bosque Farms, but
not later than seven working days after receipt of the notice of appeal.
B.
At the hearing, the business license official shall present the reasons
for the decision to deny or revoke the registration or license.
C.
The applicant, registrant or licensee, in person or through his or
her attorney, may then present any evidence showing reasons why the
decision was in error.
D.
All witnesses shall be sworn to testify truthfully. Either party
is entitled to confront and cross-examine any witnesses.
E.
Any oral or documented evidence may be received, but the governing
body shall exclude all privileged, irrelevant, immaterial, or unduly
repetitious evidence.
F.
If the denial or revocation appealed from is based on a finding by
the Planning and Zoning Commission or Administrator, New Mexico Construction
Industries Division (NMCID), Fire Department, Health Department, or
Police Department that the business was or would be in violation of
any applicable ordinances or regulations, then that finding shall
be conclusive on the governing body and the governing body's
decision may be based only on whether the registration or license
was properly denied or revoked because of the Planning and Zoning
Commission's or Administrator's, NMCID's, Fire Department's,
Health Department's, or Police Department's finding.
G.
If the denial or revocation appealed from is based on a determination
by the business license official that grounds existed pursuant to
this Section 5-1, the governing body may examine the factual nature
of the grounds and determine whether such grounds are sufficient to
sustain the decision of the business license official.
H.
The governing body does not have the authority to waive compliance
with applicable provisions of this Section 5-1, nor can the governing
body extend deadlines set forth in this Section 5-1 or change the
substance or form of this Section 5-1.
The governing body, after hearing all the evidence, shall announce
its decision at the time of the hearing. The governing body may affirm
or reverse the decision of the business license official. The decision
shall be in writing and shall be based only upon findings of fact.
The business license official shall cause written notice to be given,
by personal service or registered mail, to the appellant of the findings
of the hearing.
Any decision of the governing body may be appealed by the applicant,
registrant, or licensee to the District Court within 30 days of the
written findings of fact. Review by the District Court shall be limited
to the appeal record made before the governing body.
[1]
Editor's Note: Amended at time of adoption of Code (see Section
1-1).
A.
A person whose registration or license has been finally revoked,
after all available hearings, shall be revoked indefinitely.
B.
Any and all conditional use permits, special use permits, home occupation
permits or other special exceptions shall be revoked or deemed invalid
upon revocation of a business registration or license.
Throughout the administrative appeal process as outlined above,
a registrant or licensee holding a revoked registration or license
may continue to operate his or her business or to sell alcohol in
accordance with federal, state and local laws pending final decision
on the appeal, or until the time for appeal has passed, whichever
occurs first.
In addition to the revocation of the business registration or
license, any person violating any of the provisions of this Section
5-1 shall, upon conviction, be subject to a fine not exceeding $500
or imprisonment for a period not exceeding 90 days, revocation of
a registration or license to conduct business in the Village of Bosque
Farms, or all such fines, imprisonment and revocation of registration
or license. Each subsequent offense after conviction shall be prosecuted
and treated as a separate offense.
Separate registration or license fees shall be imposed upon
and a separate registration or license issued for each place of business
conducted by the same person, firm, association or corporation.
Registrations or licenses issued shall not be transferable without
the consent of the governing body and shall not be transferable in
any event unless the stock of merchandise covered thereby shall remain
intact and in the same location within the Village. A proposed transferee
must meet all the requirements set forth herein for registration or
licensure.
No registration or license fees paid hereunder shall be refunded
except in cases where the registration or license issued is revoked
by the Village of Bosque Farms in furtherance of the public interest,
and only those daily fees which were paid in advance and which were
unused at the time of revocation shall be refunded.
The registration or license fee fixed as hereinbefore provided
shall be and constitute a lien in favor of the Village upon the personal
property of the person, firm, corporation or business used in connection
with said business, from the time that such registration or license
fee is fixed. The lien may be enforced as provided in NMSA 1978, §§ 3-38-1
through 3-38-6. Such lien shall have priority over any lien or encumbrance
whatsoever, except the lien of state and county taxes, and no property
of any person, firm, corporation or business shall be exempt from
levy and sale or execution issued for the collection of a judgment
for any such fee. No sheriff, receiver, assignee, master or other
officer shall sell the property of any person, firm, corporation or
business subject to such registration or license fee, under process
for order of court, without first ascertaining from the Village Clerk/Administrator
the amount of any registration or license due, owing or unpaid; it
shall be the duty of such officer first to pay the amount thereof
out of the proceeds of such sale before making payment of money to
the judgment creditor or other person at whose instance such sale
is had.
