In this chapter unless the context otherwise requires:
"Additional employees"
means regular employees as carried on the payroll of the previous quarter.
"Agents, salesmen, solicitors, representatives, peddlers or drummers"
means those who, in any manner and in any type of commercial activity, do contact homes or individuals other than purchasers engaged in buying merchandise, materials, supplies or services for a licensed business or occupation.
"Business"
means all activities or acts, personal or corporate, engaged in or caused to be engaged in with the object of gain, benefit or advantage either directly or indirectly, but not casual activities or sales. Making deliveries within the town from a plant or establishment located outside the town shall be included in the definition of business.
"Contracting"
means activities engaged in by a person who, for either a fixed sum, price, fee, percentage, bonus or other compensation other than actual wages, undertakes to or offers to undertake to or purports to have the capacity to undertake or submits a bid to or does himself or by or through others construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement or to do any part thereof, including the erection of scaffolding or other structures of works in connection therewith. The term "contractor" means one who is engaged in contracting and includes subcontractors, specialty contractors, developers and speculative builders.
"Engaging"
means when used with reference to engaging or continuing in business the exercise of corporate or franchise powers.
"Home type business"
means any business conducted and operated wholly within the home of the person and not providing the primary or principal source of income for such person.
"Person or company"
means the individual, firm, partnership, joint venture, association, corporation, municipal corporation, estate, trust or any other group or combination acting as a unit and the plural as well as the singular number.
"Resident"
means any person having a permanent place of business residing or owning real property within the corporate limits of the town.
(Prior code § 9-2-1)
It is unlawful for any person to engage in any business specified in this chapter without first having obtained a license from the town to engage in such business.
(Prior code § 9-2-2)
Every person who engages in a business or other activity for which a license is required by this chapter, desiring to engage or to continue in such business or other activity, shall make application to the clerk for a business license.
(Prior code § 9-2-3)
The clerk shall issue and renew licenses in accordance with the provisions of this chapter. If the business is to be located within the town limits, a zoning compliance certificate must be obtained from the building official before a business license can be issued. Upon verification by the building official that the business is in the approved zoning, the clerk may issue a license to the applicant before the formal zoning compliance certificate is approved by the building official, and that the determination from the building official concerning the zoning compliance certificate be forthcoming in a period not to exceed five business days.
Exceptions. A zoning compliance certificate shall not be required for the following:
A. 
The renewal of a business license by the original holder of the license for the same use at the same location.
B. 
The issuance of a new business license for a use permitted within a commercial building or shopping center developed and constructed in conformance with a site plan approved by the building official.
C. 
The business is located outside the limits of the town.
(Prior code § 9-2-4; Ord. 98-004, 1998; Ord. 24-01 § 1, 2024)
In no case shall any mistake made by the clerk in stating, fixing or collecting the amount of any license or the acceptance by the clerk of anything other than legal currency in payment thereof or the issuance of any license certificate prevent, prejudice or stop the town from collecting the correct amount of the license as provided by this chapter in legal currency.
(Prior code § 9-2-5)
Every license fee imposed by this chapter, and all increases and penalties thereon shall become, from the time they are due and payable, a personal debt of the taxpayer to the town and may be collected by action in court as any other debt may be collected. Such remedy shall be in addition to any other remedies afforded under the laws of the state and of the town.
(Prior code § 9-2-6)
All taxes and licenses required by this chapter shall be paid in advance in legal currency of the United States to the clerk at the Town Hall.
(Prior code § 9-2-9)
A. 
The daily licenses provided for in this chapter shall be due and payable to the town in advance of the day for which issued.
B. 
The monthly licenses provided for in this chapter shall be due and payable to the town on the first day of each month.
C. 
The annual licenses provided for in this chapter shall be due and payable to the town on the first day of January and shall expire on the last day of each year.
(Prior code § 9-2-10)
Every person engaged in more than one business in the same location for which license fees are hereinafter provided shall pay all fees which are set up for all of the businesses in which he is engaged at such location.
(Prior code § 9-2-11)
Every person, firm or corporation engaged at more than one location within the city in any business for which license fees are hereinafter provided shall pay a separate license fee for each location at which such business is conducted.
(Prior code § 9-2-12)
Every person having a license under the provisions of this chapter and carrying on a trade, calling, profession, occupation or business at a fixed place of business shall keep his license certificate posted and exhibited while in force in some conspicuous part of such place of business. Every person having such a license and not having a fixed place of business shall carry such license certificate with him at all times while carrying on the business or other activity for which the license or any renewal thereof was granted. Every person having a license under the provisions of this chapter shall produce and exhibit a license certificate whenever requested to do so by any police officer or by any officer or person authorized to issue license certificates, inspect or audit records or collect license taxes.
(Prior code § 9-2-13)
No license or renewal thereof pursuant to this chapter shall be issued to any applicant who has engaged in a business or other activity without a license in violation of the provisions of this chapter, unless the applicant first pays the amount of license tax for which he would have been liable under the terms of this chapter had he been licensed, plus an additional sum equal to 25 percent of the amount.
(Prior code § 9-2-14; Ord. 01-015 § 6, 2001)
No license granted or issued under the provisions of this chapter shall be in any manner assignable or transferable to any other person, firm, company or corporation other than is therein mentioned or named to do business, or authorize any other business than is therein mentioned or named to be done or transacted, or at any place other than is therein mentioned or named, without permission from the council.
(Prior code § 9-2-15)
Town business license fees shall be in the amounts established by resolution of the council and amended from time to time.
(Prior code § 9-2-16; Ord. 01-015 § 6, 2001; Ord. 18-12 § 1, 2018)
A. 
The chief of police shall be inspector of licenses for the town and all police officers of the town shall be assistant inspectors of licenses.
B. 
Each police officer, as such assistant inspector of licenses, shall report to the police chief the names of all such persons, firms, companies or corporations doing business without a license, immediately upon the facts coming to his knowledge.
C. 
A police officer shall have the power to enter, free of charge, at any time any place of business for which a license is required by this chapter, and to demand the exhibition of such license for the current term, from any person engaged or employed in the transaction of such business, and if such person shall then and there fail to exhibit such license, such person shall be guilty of a misdemeanor.
D. 
It shall be the duty of the police department to cause complaints to be filed against all persons violating any of the provisions of this chapter.
(Prior code § 9-2-17)
No greater or less amount of money shall be charged or received for any license than is established by the council, and no license shall be issued for any period of time other than as provided in this chapter.
(Prior code § 9-2-18; Ord. 18-12 § 2, 2018)
Licenses issued under the provisions of this chapter may be revoked by the clerk after notice and hearing, for any of the following causes:
A. 
Fraud, misrepresentation or false statement contained in the application for license.
B. 
Any violation of this chapter.
C. 
Conducting a trade, business, game or amusement, calling, profession or occupation in violation of any town ordinance or state statute.
(Prior code § 9-2-20; Ord. 98-004, 1998; Ord. 01-015 § 6, 2001)
A. 
Notice of the hearing for revocation of license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. The notice shall be mailed, postage prepaid, to the licensee at the address shown on application for license at least 10 days prior to the date set for hearing.
B. 
Any person aggrieved by the denial of an application for license as provided in this chapter or the decision with reference to the revocation of a license shall have the right to appeal to the council. The appeal shall be taken by filing with the council, within 14 days after notice of the clerk's decision to revoke said license has been mailed to the person's address shown on application for license, a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for a hearing on the appeal, and notice of the hearing shall be given to the applicant in the same manner as provided for notice of hearing on revocation. The decision and order of the council in the appeal shall be final and conclusive, except any person aggrieved may pursue any proper judicial proceedings.
(Prior code § 9-2-21; Ord. 98-004, 1998)