The provisions of this article shall be known as the "Business License and Registration Act."
(Ord. 6592, 1990; Ord. 11-08, 2011; Ord. 15-07, 2015; Ord. 20-07 § 1, 2020)
A. 
This Act is necessary to assure minimum compliance by regulated businesses with local planning ordinances.
B. 
This Act requires all business entities (public and private) to register with the City, and, unless exempted, to obtain authorization prior to the business commencing operations.
C. 
The business registration shall be used for determining occupancy as it relates to the Community Development Ordinance.
(Ord. 6592, 1990; Ord. 11-08, 2011; Ord. 15-07, 2015; Ord. 20-07 § 1, 2020)
A. 
In this Act, "business" means any trade, profession, occupation or pursuit conducted within the City whether at a permanent location or from a mobile platform.
B. 
Businesses shall include those persons or entities whose physical plants or facilities are located outside the City and whose physical services are rendered within the City. The following are not required to obtain a City business license:
1. 
Those entities who only deliver goods manufactured outside City limits.
2. 
Consulting services performed within City limits by entities located outside City limits.
C. 
For purposes of this Act, each branch establishment of a business shall be considered a separate business and subject to issuance of a business license under Section 7.045 and the associated business fee under Section 7.095.
D. 
For the purposes of this Act, any entity which conducts business activities wholly within the framework of another entity shall be exempt from this Act, pending approval by the City Manager.
(Ord. 15-07, 2015; Ord. 20-07 § 1, 2020)
A. 
No entity shall carry on any business as defined in Section 7.015, without first paying in advance the business fee imposed by Section 7.095 and obtaining a business license, unless exempted by Federal or State law.
B. 
Conducting business without a current valid business license is a violation of this Act and may be punished by a fine not to exceed $200.00.
(Ord. 6592, 1990; Ord. 11-08, 2011; Ord. 15-07, 2015; Ord. 20-07 § 1, 2020)
Except for temporary business licenses, new licenses shall be valid from the date of issuance for up to one year, ending on December 31st. Renewal licenses shall be valid from January 1st for one, two or three years, ending on December 31st. Temporary business licenses shall be valid only for a 45-day period.
(Ord. 6496, 1985; Ord. 93-23, 1993; Ord. 02-21, 2003; Ord. 11-08, 2011; Ord. 15-07, 2015)
Each person wishing to engage in a new business or assuming ownership of an existing business shall apply for a license to carry on business for the license year. Suitable application forms will be furnished by the City. Application for a business license shall be made before the business is operational. Applications for businesses wishing to conduct residential door-to-door solicitation must be accompanied by a door-to-door solicitation registration form as required in Article 14 (Residential Door-to-Door Solicitations). At the time of filing, the applicant shall pay the license fee required in Section 7.095 (Business license fee). The application shall contain the information required.
(Ord. 6592, 1990; Ord. 93-23, 1993; Ord. 11-08, 2011; Ord. 15-07, 2015; Ord. 20-07 § 1, 2020)
A. 
The City Manager shall refer each application to the City departments to review the Community Development Ordinance, City Codes and State and Federal laws and regulations.
B. 
The City Manager may deny an application or revoke a business license if it does not meet the Community Development Ordinance, City Codes, State and Federal laws and regulations or, after an investigation by the City Police Department, the business owner has criminal convictions directly related to the business operations or if criminal activity giving rise to a conviction is conducted by business owners or employees on the business premises.
(Ord. 6592, 1990; Ord. 11-08, 2011; Ord. 15-07, 2015)
The City may require the applicant to supply information necessary to determine compliance with the requirements under this Act and applicable zoning ordinances. If the applicant fails to supply information so required or submits false or misleading information, the license shall be suspended or denied.
(Ord. 11-08, 2011; Ord. 15-07, 2015; Ord. 20-07 § 1, 2020)
A. 
The City Manager shall determine whether the business as described in the application and as operated would comply with the requirements of this Act and applicable zoning ordinances. If the business qualifies, the City Manager shall issue the license.
B. 
No license shall be issued to a person if the person has, prior to making application, conducted a business without a current, valid business license unless an additional amount equal to the license fee is paid for the period during which the business was conducted.
(Ord. 6592, 1990; Ord. 11-08, 2011; Ord. 15-07, 2015; Ord. 20-07 § 1, 2020)
The application for renewal of a business license shall be made to the License Clerk prior to the expiration of the license. A penalty of 10% of the license fee for each month or part thereof during which the fee remains unpaid shall be added to the license fee accompanying a later renewal application. Following February 28, renewal shall no longer be permitted, a new license application and fee shall be required.
(Ord. 6496, 1985; Ord. 6592, 1990; Ord. 93-23, 1993; Ord. 02-21, 2003; Ord. 11-08, 2011; Ord. 13-03, 2013; Ord. 15-07, 2015; Ord. 20-07 § 1, 2020)
A renewal shall be processed without a review unless the City has reason to believe the business is not in compliance with this Act.
(Ord. 11-08, 2011; Ord. 15-07, 2015; Ord. 20-07 § 1, 2020)
If a licensed business presents an immediate danger to persons or property, the City Manager may immediately suspend the license. The suspension takes effect immediately upon receipt of notice of the suspension by the licensee or local agent, or delivery to the licensee's business address as stated on the licensee's application. Such notice shall be mailed to the licensee and state the reason for the suspension and inform the licensee of the provisions for appeal under Section 7.080.
(Ord. 6592, 1990; Ord. 11-08, 2011; Ord. 15-07, 2015)
A. 
The aggrieved applicant or licensee may submit an appeal to Council under Section 1.025 (Uniform Appeal and Hearing Procedure).
B. 
An appellant who fails to file the statement within the permitted time waives objections, and the appeal shall be dismissed. If a notice of revocation is appealed, the revocation does not take effect until final determination of the appeal. The Council shall hear and determine the appeal on the basis of the written statement and any additional evidence it considers appropriate. The decision of the Council is final.
(Ord. 6592, 1990; Ord. 11-08, 2011; Ord. 15-07, 2015)
A. 
Except as provided in subsection B, the business license shall be posted, at all times, in a conspicuous place upon the business premises, and available for inspection by the public and by employees and prospective employees of the business.
B. 
When the licensee has no office, business premises or other established place of business in the City, the business license shall be in the possession of the representative of the business who is present in the City at all times during which business is being transacted by any employee or representative in the City.
(Ord. 11-08, 2011; Ord. 15-07, 2015)
A. 
The City Manager shall establish a schedule of business license fees according to Section 1.075 (Fees).
B. 
Non-profit corporations and businesses excluded from local business licensing by Federal or State law shall be exempt from the business license fee.
C. 
Assignments or transfers of a business license to another entity or location shall be exempt from a new business license fee for the remaining duration of the assigned or transferred license.
D. 
Public utilities covered by franchise ordinances and paying taxes under the franchise shall be exempt from the business license fee.
E. 
If two or more related businesses are operated at the same premises by the same owners, one license may be issued to the business with the primary business use. Two or more businesses operated by different persons on the same premises must be separately licensed.
F. 
If a business with a current business license has a physically separate warehouse that is used solely for storage related to the licensed business and is not accessed by the public, a separate business license is not required for the warehouse.
(Ord. 6572, 1989; Ord. 6592, 1990; Ord. 93-23, 1993; Ord. 02-21, 2003; Ord. 11-08, 2011; Ord. 15-07, 2015; Ord. 20-07 § 1, 2020)
A. 
No business shall assign or transfer a business license to another entity without prior notification and approval from the City. Any transfer or assignment of a business shall be subject to a new business license application per Section 7.030.
B. 
No business shall change its location without prior notification and approval from the City. Any change in location of a business shall be subject to a new business license application per Section 7.030.
C. 
Failure to notify the City as required by subsection A or B of this section shall invalidate the current business license.
(Ord. 6496, 1985; Ord. 6592, 1990; Ord. 11-08, 2011; Ord. 15-07, 2015; Ord. 20-07 § 1, 2020)