The purpose of this article is to aid in the development of
a business data file to ensure compliance with Town ordinances, assist
in emergency situations, and foster economic development.
It is unlawful for a person to conduct any business, or operate a household occupation permitted under §
360-16 of the Town Code, within the Town without first having secured a business license as provided in this article. "Business" shall be defined as any enterprise with a permanent physical location in the Town where money is exchanged for goods or services. No permits issued by the Town, including but not limited to building permits, occupancy permits, Town conditional use permits, or site plan review permits shall be granted to a business operator or the property owner until a business license has been obtained.
An annual fee shall be set by the Town Board. Fees are nonrefundable.
The Zoning Administrator shall investigate all applications
and determine if the business conforms to all of the rules and regulations
of the Town, and whether or not the business constitutes a significant
threat to the health, welfare, and safety of the community. Upon the
Zoning Administrator's approval of an application meeting the requirements
for licensing, he or she shall issue a business license. If the above
prerequisites are not complied with, the application shall be denied
in writing with the reasons for denial being stated.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
All licenses granted shall be for one calendar year, and shall
be renewed on or before January 31 of each year. The fee shall accompany
the application for license renewal. Any operating business which
has not renewed the business license prior to this date shall be deemed
an illegal operation. Any license renewed after the expiration date
shall be subject to a double fee.
No Town of Rome business license shall be required and no fee
shall be charged for any person or organization conducting or operating
a nonprofit enterprise, when it is without profit for a public, charitable,
educational, literary, fraternal or religious purpose.
Except as provided for in §
234-31C, a business license shall be surrendered to the Zoning Administrator's office if a business is closed.
The license issued under this section shall be framed and conspicuously
posted within the business establishment. Any licensee who fails to
post a license as required shall be presumed to be operating without
a license.
The Town shall not issue or renew any license to transact any
business within the Town to any applicant who:
A. Has delinquent taxes for any real or personal property within the
Town or who has delinquent assessments, forfeitures or other financial
claims owed to the Town.
B. As it relates to taxes, Subsection
A shall not prevent the renewal of an existing license if real property taxes are delinquent for not more than one year. Personal property taxes, however, must be current at the time of renewal.
The Zoning Administrator may suspend a business license if he
or she determines that probable cause exists to believe that the requirements
of this article have been violated by the licensee.
In addition to any other penalties provided in this article,
whenever a business is being operated illegally or without a valid
business license, the Town may seek to close down said business through
any lawful process, including, but not limited to, injunctive measures.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Violations of this article shall be subject to the penalty provided in Chapter
1, General Provisions, §
1-5, General penalty.