It shall be unlawful to operate any business, whether retail,
wholesale, manufacturing, industrial or otherwise, from or on any
premises located in the city, without first obtaining a business registration
permit from the city.
(Ordinance 05-06-0102, sec. 18.01,
adopted 5/1/06)
(a)
The
purpose of this article is to enable the city and its officials to
know of the existence, location, ownership and nature of all the businesses
operated from and on property within the city limits in order to ascertain
whether the operation of the business is in compliance with ordinances
of the city or other applicable state or federal law.
(b)
Each
business registration permit issued shall be effective for the calendar
year in which issued and the permit shall be renewable annually on
or before March 1 of each calendar year.
(Ordinance 05-06-0102, sec. 18.02,
adopted 5/1/06; Ordinance adopting
2020 Code)
Application for a permit under this article shall be in writing
and shall contain the following information:
(1)
The
address within the city upon or from which the business is operated;
(2)
A
legal description of the property on which the business is located;
(3)
The
names and addresses of the owners of the business;
(4)
The
names and addresses of the persons in a managerial position operating
the business, if different from the owners;
(5)
The
date of commencement of the business and its expected duration;
(6)
A
description of the nature of the business, that is, whether retail
or wholesale, manufacturing, service or otherwise, including information
as to the nature of the products manufactured, sold, stored and distributed
by or through the business; and
(7)
If
applicable, the applicant’s state sales tax number and federal
employer’s identification number.
(Ordinance 05-06-0102, sec. 18.03,
adopted 5/1/06)
The following businesses are expressly exempt from the provisions
of this article:
(1)
Any
business which is required to obtain a license or permit from the
city for its operation within the city under the provisions of some
other ordinance or regulation of the city; in the event of regulation
and licensing under any other ordinance of the city, it is the intent
of the city council that such businesses shall apply for and be issued
permits under the provisions of such regulatory ordinances, not this
article;
(2)
Any
business that involves only distribution within the city, such as
distribution by street delivery, through the mail or otherwise, without
the location of a business office or headquarters, warehouse, store,
shop, or other identifiable premises within the city; and
(3)
Any
business for which a permit or license is required under state or
federal law, but only if the licensing or permit legislation of the
state and/or federal government is of such a nature as to constitute
a preempting of the field to the extent that a registration permit
requirement by the city would be deemed unlawful interference with
state or federal regulation of the particular business.
(Ordinance 05-06-0102, sec. 18.04,
adopted 5/1/06)
(a)
Applications
under this article shall be made to the city secretary, and it shall
be the duty of the city secretary to issue a permit to any business
upon the submission of a proper application and payment of the required
fee. The city secretary shall not pass upon the legality of the business
or its operation.
(b)
The
issuance of a permit shall be evidence only that the business has
registered with the city, for identification and disclosure of its
existence and operation.
(c)
Issuance
of such permit shall not be construed to constitute municipal approval
of the business, and shall not be deemed to authorize the conduct
of the business in violation of any federal, state or municipal law
or regulation or to stop the city from complaining of the violation
by the business of any other valid ordinance or regulation, either
federal, state or municipal.
(Ordinance 05-06-0102, sec. 18.05,
adopted 5/1/06)
(a)
It
shall be unlawful to operate any business, whether retail, wholesale,
manufacturing, industrial or otherwise, from or on any premises located
in the city, in a manner inconsistent with the description of the
nature of the business stated on the business registration permit
application.
(b)
For
the purposes of this section, operation of a business in a manner
inconsistent with the description of the nature of the business stated
in the business registration permit application means offering new,
different or additional merchandise, products or services that are
not stated on the business registration permit application currently
on file with the city.
(c)
A
business may file an amended business registration permit application
at any time during the calendar year to set forth new, different or
additional merchandise, products or services to be offered by the
business or to correct any other incorrect information stated in the
current business registration permit application.
(d)
The
application fee for an amended business registration permit shall
be equal in amount to the application fee for an original business
registration permit.
(Ordinance O-2007-03-19.2 adopted 3/19/07)
