(a) 
Registration required.
The following persons and entities, unless excluded under subsection (c), shall annually register that business with the city:
(1) 
Businesses situated within municipal limits.
Businesses situated within the municipal limits of the city shall annually register that business with the city. Provided, however, any person or business exempt from the licensing requirements of this article by virtue of state or federal law shall not be required to register such business.
(2) 
Contractors.
A person or entity who make contracts for the construction, installation or repair of buildings or structures, including any part thereof, to include but not be limited to roofs, or fire protection, electrical, gas, mechanical or plumbing systems for which a permit is required to conform to the requirements of an ordinance of the city, to include but not be limited to the technical codes, within the municipal limits of the city, and governmental entities performing public works projects of the same nature. A utility company holding a franchise issued by the city and performing work addressed in the franchise shall not be required to register.
(3) 
Subcontractors.
A person or entity that is doing work as a subcontractor under a general contractor registered as a contractor to do business within the city shall also annually register with the city as a contractor, unless the general contactor(s) has included the subcontractor under the general contractor’s registration as provided in section 4.02.004(c) and the subcontractor is performing no other work within the city.
(4) 
Trash haulers.
A person or entity that provides professional trash pickup or other sanitation services within the city.
(b) 
License or permit for sale or manufacture of alcoholic beverages.
Once a person or entity has obtained a license or permit from the state alcoholic beverage commission for a license or permit required by the Texas Alcoholic Beverage Code for the sale or manufacture of alcoholic beverages, they must also obtain the corresponding license or permit from the city for each place of business. Such license or permit shall be obtained in lieu of the business registration required by this article by following the same processes as required for a business registration.
(c) 
Exclusions.
The following persons and entities are excluded from the registration requirement established by this article:
(1) 
Any person or business proprietor meeting the definition of “vendor” under article 4.03 of this chapter shall register as provided in article 4.03.
(2) 
Any person or business proprietor who conducts a home occupation business and utilizes no buildings or facilities in the city other than the home for the conduct of the business, and either holds a valid home occupation license at the time that registration of the business is required under this article, or who is excepted from obtaining a license as provided in Ordinance No. 0102 of the city (the zoning ordinance).
(a) 
General rules of construction.
Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases that are not defined in this article but are defined in other ordinances of the city shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this article.
(b) 
Specific definitions.
Business.
A commercial or industrial venture established and operating for profit or nonprofit, at a location within the municipal limits of the city, which provides services or products to other businesses, entities, or the general public.
Contractor.
One who agrees to perform services within the municipal limits of the city for a specified price in residential, commercial, industrial, or civic construction, or providing a service that includes, but is not limited to, electrical, plumbing, mechanical, and general construction.
Food establishment.
A business meeting the definition of food establishment under the regulations of the state established in 25 TAC section 228.2(57), as amended.
Hazardous material.
A substance, waste, or elevated temperature material, determined by the state department of transportation (DOT) to be an unreasonable risk to health, safety, and property when transported in commerce. Designated by the Occupational Safety and Health Administration (OSHA) to be a hazardous chemical for which a Material Safety Data Sheet (MSDA) is required to be prepared and maintained, or determined to be hazardous in compliance with Environmental Protection Agency (EPA) regulations, or classified by the National Fire Prevention Act (NFPA) as a flammable liquid or a class III-A combustible liquid. It does not apply to consumer products, commercial products used solely for janitorial or minor maintenance, animal feed, or those with a license filed with the city that already is covered under their specific license.
Liquor licensee.
A person or entity [who] has obtained a license or permit from the state alcoholic beverage commission for a permit or license required by the Texas Alcoholic Beverage Code for the sale or manufacture of alcoholic beverages.
Permit official.
The building official or other designee of the mayor.
Subcontractor.
One who agrees to perform building service for a specified price under a general contractor registered to do business within the city that has a contract in place to provide the party with services. This includes, but is not limited to, plumbing, mechanical, electrical, framing, masonry, etc.
(a) 
Criminal penalty.
Any person or entity who shall violate a provision of this article, or fail to comply therewith, or with any of the requirements thereof, shall be deemed guilty of a misdemeanor and, upon conviction, punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code. Each such person or entity shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed or continued.
(b) 
Civil remedies.
Nothing in this article shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this article and the codes herein adopted, and to seek remedies as allowed by law, including but not limited to the following:
(1) 
Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article; and
(2) 
A civil penalty up to one hundred dollars ($100.00) a day when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and
(3) 
Other available relief.
(a) 
Generally.
The application for registration shall be made on a form provided by the permit official and shall be accompanied by the established nonrefundable fee. The application shall be signed by the principal owner of the company or individual operating the business and shall include a statement acknowledging that all statements made in the registration application and submittal attachments are true and correct, and shall contain the following information and such other information as determined to be reasonably necessary by the permit official:
(1) 
Company or business name, as well as all company names used for the past five years.
(2) 
Documentation to show the legal name of the business entity, and if business is conducted under another name, a copy of the El Paso County assumed name certificate.
(3) 
State sales tax identification number.
(4) 
Company or business address and phone number, as well as all previous business addresses for last five years. Full address of the business headquarters, if different.
(5) 
Designation as to type of business, e.g., sole proprietorship, partnership, corporation, etc.
(6) 
Principal owner of the company or business.
(7) 
Description of the type of business.
(8) 
If the business requires inspection by the city, emergency services district, state or county, or requires additional licensing, copies of documents showing that the business passed all inspections performed within the previous twelve months and/or copies of all such issued licenses must be provided with the application.
(b) 
Contractors.
An application for registration as a contractor shall additionally:
(1) 
Include a list of individuals authorized to obtain building and related permits issued under the technical codes on behalf of the company and what documentation each will show to verify authorization when obtaining permits on behalf of the company, such as a driver’s license number or other identification number.
(2) 
Include a statement acknowledging the following:
(A) 
That the company and the persons involved understand that they have a duty to comply with the ordinances and technical codes of the city.
(B) 
That, to be eligible to obtain permits from the city, they must annually file the registration application required by this article.
(3) 
Include the bonds and insurance required under section 4.02.006(b) of this article.
(c) 
Subcontractors included under contractor’s registration.
An application for registration as a contractor, or an amendment to an existing registration, may additionally:
(1) 
Include a list of subcontractors authorized to do work under the contractor for a specifically named project;
(2) 
Include a list of the individuals authorized to obtain building and related permits issued under the technical codes on behalf of the subcontractor and what documentation each will show to verify authorization when obtaining permits on behalf of the company, such as a driver’s license number or other identification number; and
(3) 
Provide proof that the contractor’s insurance and bond covers the work being done by the subcontractor.
(d) 
Plumbing contractors.
Pursuant to section 1301.551(g) and (h) of the Texas Occupations Code, a plumbing contractor:
(1) 
Is not required to pay a plumbing registration fee or administrative fee under this chapter; and
(2) 
May register electronically or in person.
(e) 
Electricians.
Pursuant to section 1305.201(f) of the Texas Occupations Code, an electrician is not required to pay a permit fee, registration fee or administrative fee under this chapter.
(f) 
Trash haulers.
An application for registration as a trash hauler shall additionally contain an acknowledgement of the requirements imposed on a trash hauler under section 4.02.010 of this article.
(g) 
Review and processing.
Upon receipt of a complete application as provided in this article, the permit official shall review and process the application.
(h) 
Issuance or denial.
The permit official shall approve the registration, in accordance with and as provided by the applicable provisions in this article, within ten days of the completion of the processing of the application, unless the permit official finds:
(1) 
One or more of the statements made in the application are not true;
(2) 
The applicant has made or caused to be made false statements or misrepresentations on the application;
(3) 
The applicant has failed to submit a complete application;
(4) 
The required fee has not been paid;
(5) 
The business is not in compliance with the requirements of the zoning ordinance of the city;
(6) 
The building where the business is located does not have a current certificate of occupancy issued pursuant to the requirements of the applicable technical codes of the city; or
(7) 
The requirements of this article relating to the registration requirements or issuance are not met.
(Ordinance No. 0102, as amended)
Fees for the specific types of business are as set forth in the fee schedule adopted by city council, based on the level of regulatory enforcement over that business. Nonprofit businesses are exempt from fees.
(a) 
General businesses and trash haulers.
(1) 
The registration is for one year, which begins January 1st and ends December 31st, and must be renewed annually as long as the business is active.
(2) 
Registration will not be prorated.
(3) 
Registration fee(s) are nonrefundable.
(b) 
Contractors.
(1) 
The registration is for one year, which begins April 1st and ends March 31st, and must be renewed annually as long as the business is active.
(2) 
Registration will not be prorated.
(3) 
Registration fee(s) are nonrefundable.
(4) 
Insurance requirements.
(A) 
The applicant shall procure and shall maintain during the term of the permit such commercial general liability insurance with minimum limits of liability shall be two hundred fifty thousand dollars ($250,000.00) for bodily injury liability, including death, for each person, and five hundred thousand dollars ($500,000.00) in the aggregate, and one hundred thousand dollars ($100,000.00) for property damage for each occurrence, and one hundred thousand dollars ($100,000.00) in the aggregate. Permit applicants that are governmental entities may comply with the insurance requirements of this section by providing certification that they are self-insured. Businesses or persons contracting with a governmental entity to provide work to such entity shall provide the required insurance.
(B) 
Such insurance shall be written by an accredited insurance company under the supervision of the state department of insurance. Evidence of compliance with these insurance requirements shall be considered as having been met when a copy of the insurance policy or a certificate of insurance has been filed with and approved by the permit official.
(C) 
Such policy shall include an endorsement that the city is named as an additional insured to the full amount of the policy limits and that the permit official shall be notified at least thirty days in advance in the event the policy or policies are canceled and ten days in advance for cancellation due to nonpayment of policy premiums. The certificate of insurance shall recite or attach such endorsement for additional insured and the notice requirements. The permittee shall maintain said insurance with a solvent company authorized to do business in Texas. The policy shall provide that the insurer will defend against all claims and lawsuits which arise and will pay any final judgment of a court of competent jurisdiction against the city, its officers, agents, servants or employees and the permittee, his officers, agents, servants or employees. Failure to keep the policy in full force and effect throughout the term of the registration shall be grounds for the suspension or termination of the registration.
(D) 
Any applicant who has provided certificates of insurance to the city pursuant to the requirements of any other ordinance of the city, that meet all of the requirements established in this article, shall not be required to obtain additional insurance but is required to provide such certificates of insurance showing present coverage as required in this article.
(5) 
Bond requirements.
(A) 
A $10,000.00 surety bond issued by a surety company authorized to do business in Texas. The city and all persons for whom work is to be done shall be named as co-obligees under such bond. The bond shall provide that the principal and its agents, employees, and subcontractors shall comply with the building and technical codes and that the principal shall pay damages which are sustained by the city or by the person for whom the work is done and that are caused by failure of the principal, its agents, employees or subcontractors to comply with the provisions of the building and technical codes, and that the principal shall indemnify the city against all claims arising out of such failure to comply.
(B) 
Bonds shall be issued and maintained for the time period from the issuance of the registration through one year after the date of completion of the work for which the bond was required.
(C) 
The surety shall be acceptable to the city as to solvency, and if the city becomes dissatisfied that the surety is solvent, a new bond may be required. The surety shall be required to notify the city within thirty days of any termination or cancellation of the bond or of any claims paid which reduce the liability under the bond.
(D) 
Contractors under contract with a governmental entity shall provide the bond required in this article. No bond is required when all of the work performed pursuant to a permit issued under the technical codes to a governmental entity is performed entirely by the employees of that governmental entity.
(6) 
A copy of all required contractor’s license(s) as issued by the state.
(a) 
Licensing and permitting requirements for persons or businesses that have obtained a license or permit from the state alcoholic beverage commission for a permit or license required by the state Alcoholic Beverage Code for the sale or manufacture of alcoholic beverages (liquor licensees):
(1) 
The applicant shall submit an application in the same manner as required for the registration of a business under this article.
(2) 
There shall be charged and collected by the city the applicable fee as listed in the fee schedule adopted by city council from every licensee or permittee issued any license or permit by the state or its authorized agents, and from which licensee or permittee the city is given the power by the state Alcoholic Beverage Code to collect a fee. The city license or permit shall correspond to the same class of license or permit issued such licensee or permittee by the state. A separate license or permit shall be obtained and a separate fee paid for each outlet of liquor in the city.
(3) 
The applicant for a license or permit under this section shall additionally exhibit, to the permit official or his designee, a copy of the permit or license duly issued by the state to the applicant at the time of application for a city license or permit.
(4) 
No person may manufacture, distill, brew, sell, import, export, transport, distribute, possess, possess for the purpose of sale, warehouse, store, bottle, rectify, blend, treat, fortify, mix, or process alcoholic beverages or possess equipment or material designed for or capable of use for manufacturing alcoholic beverages without first obtaining the license(s) or permit(s) from the city that corresponds to their state license or permit and paying the required fee as set forth in the fee schedule adopted by city council.
(5) 
The permit official shall process the application and issue the license or permit in the same manner as required for the registration of a business under this article.
(6) 
A license or permit issued under this section expires on the anniversary of the date it is issued unless otherwise stated on the permit. If the city issues a permit with an expiration date of less than one year after the date the permit is issued, the city shall prorate the license or permit fee on a monthly basis so that the license or permit holder pays only that portion of the license or permit fee that is allocable to the number of months during which the license or permit is valid.
(7) 
The permit official shall report to the state alcoholic beverage commission all licenses or permits expired for two months or more.
(8) 
The provisions of Texas Alcoholic Beverage Code chapter 11 and chapter 61 relating to renewal, assignment and transfer of a license or permit, and relating to refund of license and permit fees, shall apply to licenses, permits and fees of the city under this section. Provided, however, if the business continues operations not involving the sale of alcohol, the business shall then be required to immediately register the business pursuant to the business registration requirements of this article.
(b) 
Classes of licenses and fees for liquor licenses shall be as set forth in the fee schedule adopted by city council.
Businesses may be inspected to check compliance with all city ordinances applicable to the operation of the business.
A person or entity performing work as a trash hauler shall comply with the following requirements for collecting and transporting solid waste and recyclable materials within the city:
(1) 
Trash haulers shall suitably enclose or cover solid waste and recyclable materials prior to transportation to an authorized solid waste facility or a recycling facility to prevent littering, spillage of materials or fluids, and/or infiltration of rainwater inside the solid waste or recyclable materials. Tarpaulins must be used to cover compactor box openings, roll-off tops, or other openings. Tarpaulins must be kept in good repair at all times.
(2) 
Trash haulers shall immediately clean and remove any litter and spillage of materials or fluids upon the roads caused by the trash hauler or the trash hauler’s vehicles. Trash haulers shall remit payment to the city within thirty (30) calendar days, upon written notification by the city, for any and all costs incurred by the city related to any such removal of litter, spillage of materials or fluids, and/or infiltration of rainwater caused by the trash hauler or the trash hauler’s vehicles. This provision shall be in addition to any penalties authorized by any ordinance of the city or any other provision of law.
(a) 
The permit official may suspend or revoke any registration, license or permit granted hereunder by serving the business with written notice by hand-delivery or certified mail, if the business is found to be in violation of this article, to include but not be limited to a lapse in insurance coverage or the revocation of a bond required by this article.
(b) 
The permit official shall issue the written notice of denial, suspension or revocation of a registration, license or permit to the business and it shall contain, as a minimum, the following:
(1) 
The name and address of the business;
(2) 
A statement that the registration, license or permit is denied, suspended or revoked;
(3) 
The reasons for the denial, suspension or revocation;
(4) 
Recommended corrective measures to bring the business into compliance with the requirements of this article and any other applicable ordinance of the city;
(5) 
The reasonable time limit established for the completion of the corrective measures;
(6) 
A statement that the registration, license or permit, if suspended, is subject to revocation for failure to complete the corrective measures within the allotted time; and
(7) 
A statement that the denial, suspension or revocation may be appealed to the city council.
(A) 
Within ten business days of denial, suspension or revocation, the permit official shall prepare a report indicating the reasons for the denial, suspension or revocation, and shall provide a copy to the applicant or business. The permit official’s decision is final unless, within ten calendar days from the date of receiving such official’s report, the applicant or business representative files with the city clerk a written appeal to the city council specifying reasons for the appeal. Said appeal shall also include a written rebuttal to the permit official’s report.
(B) 
The city council shall review the report of the permit official and the appellant’s rebuttal and may allow the appellant to make an oral presentation or submit additional rebuttal. The city council shall make its review and make a ruling on the appeal within a reasonable period of time after the appeal has been filed.
(C) 
The city council shall sustain, reverse or modify the action of the permit official and shall direct city staff to notify the appellant of the decision in writing and, if so ordered, to issue a registration, license or permit. The decision of the city council is final.
(a) 
The requirements for registration for trash haulers shall take effect on January 1, 2016, and those businesses, entities and persons requiring to register as a trash hauler shall register no later than February 28, 2016.
(b) 
Any person holding a business registration and is in good standing as of the effective date of this article shall not be required to obtain a new registration under this article until January 1, 2016. Any person who registers a business between the effective date of this article and December 31, 2015 shall receive a registration effective through December 31, 2016.
(c) 
Any liquor licensee who holds a business registration and is in good standing as of the effective date of this article shall not be required to obtain a license or permit under this article until the expiration of the business registration held on the effective date of this article.
(d) 
Any person who holds a registration as a subcontractor or service contractor and is in good standing as of the effective date of this article, who now falls under the definition of “contractor” or “subcontractor” under this article, shall not be required to re-register under the requirements of this article until the expiration of such registration held on the effective date of this article.
(Ordinance 0069 adopted 11/12/96; Ordinance 0069 adopted 4/13/05; Ordinance 0069, secs. 1–10, adopted 11/10/15; Ordinance adopting Code)