In order to operate a business within the city, it is necessary to obtain a Dillingham business license. This chapter shall be known as the Dillingham Business License Ordinance.
(Ord. 92-13 § 1 (part), 1992)
When not otherwise indicated by context, the following words and phrases have the following meanings:
"Business"
means:
A. 
A person (as defined in Section 4.20.020), partnership, corporation or company of any sort providing goods or services within the city for a profit, unless the goods or services consist entirely of casual or isolated sales (as defined in Section 4.20.050);
B. 
A person (as defined in Section 4.20.020), partnership, corporation or company of any sort providing the service of operating a taxicab or vehicle-for-hire and required to have a business license and remit sales tax regardless of amount of sales.
"Nonprofit sponsored event"
means an event by a nonprofit organization meeting all requirements of state and federal law.
"Regularly scheduled nonprofit event"
means an event scheduled daily, weekly or monthly and permanently staffed by paid or volunteer but keeping scheduled hours. Example: thrift store, gift shop owned by nonprofit businesses, bingo or other games of skill and chance.
"Taxicab" or "vehicle-for-hire"
means a motor vehicle regularly employing a seating capacity of fifteen persons or less, including the driver, used to transport passengers for a fee whether furnished pursuant to a lease agreement, rental agreement or any other kind of agreement, however communicated. The seating capacity of a taxicab or vehicle-for-hire is limited to the number of manufacturer's installed seat belts. Notwithstanding the foregoing, the term "taxicab" or "vehicle-for-hire" shall not include motor vehicles used to provide passengers a sightseeing experience or used incident to an organized tourist excursion.
(Ord. 18-05 § 2, 2018; Ord. 17-08 § 3, 2017; Ord. 13-08 § 2, 2013; Ord. 92-13 § 1 (part), 1992)
A. 
All applicants for a Dillingham business license shall supply the following facts on a form provided by the finance department:
1. 
Name under which the business is to be conducted;
2. 
Name of applicant, including the president and chief executive officer of corporations, or partners and owners when applicable;
3. 
Mailing and street address;
4. 
Nature of business (short description, and attach a copy of state license or the number and type of business license issued by the state).
B. 
The applicant shall also certify that the business has or has applied for an Alaska business license if required by state law, has all necessary permits and licenses required by state and federal law, that all of the statements made in the application are true and made as an inducement for the issuance of the license, and that the business agrees to comply with all applicable city ordinances.
C. 
The city may cause such investigation to be made as it deems necessary.
(Ord. 17-08 § 4, 2017; Ord. 13-08 § 3, 2013; Ord. 09-06 § 2 (part), 2009; Ord. 92-13 § 1 (part), 1992)
Each application shall be accompanied by the fee or a request for a waiver.
A. 
Regular licensing fee of fifty dollars per year.
B. 
All participants in regularly scheduled nonprofit events or nonprofit sponsored events where home craft items are sold, no license will be required nor sales tax levied.
C. 
Regularly operated nonprofit events will be required to file an application to be exempted from paying a license fee.
(Ord. 17-08 § 5, 2017; Ord. 13-08 § 4, 2013; Ord. 98-3 § 1 (part), 1998; Ord. 92-13 § 1 (part), 1992)
Each license is for one calendar year and expires on December 31st each year of issuance. Forms for renewal shall be mailed by the finance department to those businesses holding licenses as of November 1st, to be sent no later than November 15th. The failure of the finance department to send an application in a timely manner constitutes cause for the waiver of the penalties set forth in Section 4.16.060 if the applicant is otherwise diligent. The finance department's retention of the list of businesses sent renewal applications shall be prima facie evidence that they were in fact sent to all listed businesses.
(Ord. 09-06 § 2 (part), 2009; Ord. 98-3 § 1 (part), 1998)
A. 
It is unlawful:
1. 
For any person to operate a business within the city of Dillingham without obtaining a city business license within forty-five days of commencing business within the city.
2. 
For any person to fail to renew a business license on or before January 1st of any year in which the business continues to operate in Dillingham.
3. 
For any person to engage in a business or activity regulated by this code contrary to any provision of this title or contrary to any provision, term or condition of a license or regulation issued under this title.
4. 
For any person to obtain or attempt to obtain a license by making a false statement in the application, or by other fraudulent or deceptive means.
5. 
For any person to forge, counterfeit or fraudulently alter a license issued under this title.
6. 
For any person licensed or regulated under this title to knowingly or willfully authorize, order, instruct or permit an employee, agent or person under his supervision or control to do an act in connection with the licensed activity which violates any provision of this code, a municipal regulation, or a license issued under this title.
B. 
For the purposes of this section:
1. 
"Person"
includes any person who has effective control of a business.
2. 
A person has effective control of a business if the person supervises the day-to-day affairs or holds any of the following positions in the business, or the equivalent thereof: the proprietor or proprietors, general partner in case of a partnership, the president, and each person or entity owning more than thirty percent of the voting stock in case of a corporation; and in case of a limited liability company the manager of the company, or if there is no manager, all members of the company.
C. 
In addition to any monetary penalty, the city may seek an injunction in the superior court requiring the business, or each person with effective control of the business, to obtain the required business license and also recover compensatory damages, including full, actual, reasonable attorneys' fees, from each such person. Upon application for an injunction under this section, the superior court shall issue the injunction.
D. 
The city may also have any person or business that violates this section, or any vessel owned by any such person or business, placed on the city's denied services list using the procedures set forth in Chapter 4.40.
(Ord. 13-19 § 6, 2013)
The Dillingham business license shall be posted on the premises in a conspicuous place that is in view of the public.
(Ord. 92-13 § 1 (part), 1992)
The license may be revoked after notice by the finance department at any time for any violation of federal, state or municipal law relating to the business and causing a public nuisance or endangering the public health, safety or well-being. Appeal shall be to the council as provided in Section 4.16.030(E).
(Ord. 09-06 § 2 (part), 2009; Ord. 92-13 § 1 (part), 1992)
In the event that a license is denied or revoked, for any of the reasons listed in Section 4.16.080, or is denied, the applicant shall have the right to appeal to the city council within forty-five calendar days after such action. The applicant and the city administration shall have the right to address the city council, and the city council shall have the right to reverse the action of the city administration if they deem it fitting and in the best interest of the city and the applicant.
(Ord. 92-13 § 1 (part), 1992)