As used in this Chapter, unless the context in which used clearly requires a different meaning, the words and phrases used herein shall have the meanings ascribed to them in Title
1, including specifically, but not limited to:
"Merchant"
means a person:
1.
Whose business is dealing in goods or services;
2.
Who by occupation claims to have knowledge or skill peculiar
to the practices or the goods or services involved in the transaction
of business; or to whom such knowledge or skill may be attributed
by the employment of an agent or broker or other intermediary who
claims to have such knowledge or skill; or
3.
Who is an itinerant vendor or peddler going from place to place,
house to house, or who locates on private property of another business
with a permanent location within the City, who, as principal or agent
of another sells or offers to sell, goods, wares, merchandise or services,
by sample or by catalog, to persons who are not merchants.
"Owner"
means any person having ownership interest in a business,
including an owner, partner, associate or lessee, but not including
a shareholder in a publicly owned corporation.
(Ord. 2961 § 1 (part),
1996; Ord. 3200 § 1, 2005)
This Chapter is intended for the protection of the public health,
safety and general welfare. It is designed to give the City a means
of collecting information on merchants and persons conducting business
within the City limits.
(Ord. 2961 § 1 (part),
1996)
Except for a business or merchant receiving a license or permit under the other Chapters in Title
9, no person shall engage in business or be a merchant within the City without first obtaining a business registration certificate from the City Recorder.
(Ord. 2961 § 1 (part),
1996)
Applications for a business registration certificate shall be
submitted to the City Recorder and shall provide the following information:
A. The
true name, date and place of birth, driver's license number and permanent
address of the business owner, and a physical and email address which
the City may use for purposes of notice to the business;
B. For
corporate ownership:
1. The
true name and address of the president or chief executive officer
of the corporation;
2. The
address and telephone number of the registered office of the corporation,
and
3. The
name, address, phone number and email address of the registered local
agent of the corporation. If the applicant is acting as the agent
of a foreign corporation, additional information including the place
and date of incorporation, home office, right to do business within
the state, firm or organization's officers and/or its duly authorized
local agent may be required;
C. The
name under which the business will be operated and a description of
the business to be conducted;
D. A description
of the goods, wares, merchandise or services the business will offer
for sale;
E. The
location from which the business will be operated;
F. The
length of time (temporary or ongoing) the business will be conducted
and the hours and days of the week during which the business will
be operated;
G. The
past business experience of the owner and applicant, including any
prior denial, suspension or revocation of a business license issued
to, or applied for by, the owner or applicant;
H. The
owner's or applicant's history of any conviction within the past seven
years of any felony or of any misdemeanor that relates to fraud or
theft or any law or statute where the elements of such law or statute
reasonably relate to the business activity to be conducted.
I. Verification
of compliance with all relevant federal and state bonding and licensing
requirements;
J. Any
other information which the City Recorder may reasonably feel is necessary
to accomplish the purposes of this Chapter.
Before awarding a business license, permit or registration,
the City will confirm appropriate zoning.
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(Ord. 2961 § 1 (part),
1996; Ord. 3120 § 1, 2002; Ord. 3200 § 2, 2005; Ord. No. 3519, § 1, 2-11-2019; Ord. No. 3552, § 1, 3-8-2021)
The applicant shall submit a nonrefundable registration fee,
in an amount set by Council resolution, with the application.
(Ord. 2961 § 1 (part),
1996)
Each merchant operating a business shall continuously display
in public view at its place of business the registration certificate
issued by the City Recorder. Mobile merchants shall have the registration
certificate in their possession at all times and present the certificate
for public view upon request.
(Ord. 2961 § 1 (part),
1996)
A merchant operating a business within the City must notify
the City Recorder ten days prior to any change of ownership of the
business. The new owner must file a business registration application
and pay the fee as required by this Chapter.
(Ord. 2961 § 1 (part),
1996; Ord. 3200 § 3, 2005)
A merchant operating a business within the City shall notify
the City Recorder thirty days prior to a change in location or termination
of an ongoing business activity. A change of location shall necessitate
the completion of a new business registration application and payment
of the registration fee as required by this Chapter.
(Ord. 2961 § 1 (part),
1996; Ord. 3200 § 4, 2005)
The City Recorder, or other City official upon the Recorder's
request, is authorized to make lawful inspections of business premises
and records to ensure compliance with this Chapter.
(Ord. 2961 § 1 (part),
1996)
The denial of any application for any business registration certificate, or the suspension or revocation of any business registration certificate issued under this Chapter shall be in accordance with Chapter
9.100 of this Code.
(Ord. 2961 § 1 (part),
1996)