Chapter 4.16
BUSINESS LICENSE
Sections:
4.16.010 General.
4.16.020 Definitions.
4.16.030 Application for license.
4.16.040 Fee.
4.16.050 Renewal.
4.16.060 Penalties—Enforcement.
4.16.070 Posting.
4.16.080 Revocation.
4.16.090 Appeals.
4.16.010 General.
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.)
4.16.020 Definitions.
When not otherwise indicated by context, the following words and phrases have the following meanings:
“Business” means 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.
“Home business” means the sale of goods or services produced from one’s home and which have not produced gross revenues in excess of ten thousand dollars in any of the preceding calendar years.
“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. (Ord. 92-13 § 1 (part), 1992.)
4.16.030 Application for license.
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. An applicant seeking a license for a home business shall also certify that the business satisfies the definition set forth in Section 4.16.020 in all respects. An applicant that is a transient vendor as defined in Section 6.04.020(D) shall also satisfy the requirements of Chapter 6.04.
D. The city clerk may cause such investigation to be made as he or she deems necessary.
E. The license shall be issued or denied within thirty days after the application has been made and the fee paid or waived. If the license is refused, the reasons for the refusal will be stated in writing to the applicant.
F. A business refused a license may request a hearing before the clerk up until twenty days after service of the notice and, if hearing is timely requested, one shall be held after notice to the business. If still aggrieved, the business shall have ten additional days in which to appeal to the city council. (Ord. 92-13 § 1 (part), 1992; Ord. 09-06 § 2 (part), 2009.)
4.16.040 Fee.
Each application shall be accompanied by the fee, or a request for a waiver.
A. Regular license fee, fifty dollars per year.
B. Home business (fee waived upon request) and signing of certification by applicant.
C. All participants in nonprofit sponsored events where home craft items are sold, no license will be required.
D. Regularly operated nonprofit events will be required to file an application to be exempted from paying a license fee. (Ord. 92-13 § 1 (part), 1992; Ord. 98-3 § 1 (part), 1998.)
4.16.050 Renewal.
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. 98-3 § 1 (part), 1998; Ord. 09-06 § 2 (part), 2009.)
4.16.060 Penalties—Enforcement.
Any person who has effective control of a business required by this chapter to have a Dillingham business license and each business required by this chapter to have a Dillingham business license shall be subject to a civil penalty of one hundred dollars up to and including the forty-fifth day of unlicensed operation. For each day of operation without a valid Dillingham business license beyond the forty-fifth day, the amount of the penalty shall be one hundred dollars per day, with each day of unlicensed operation constituting a separate offense. Any surcharge required to be imposed under AS 12.55.039 shall also be assessed in addition to any penalty.
As used in this section, the following persons have effective control of a business: its proprietor or proprietors, general partners 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.
In addition to this 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.
The city may also have any person who has failed to obtain the business license required by this chapter, or any vessel owned by any such person, placed on the delinquent list of the port of Dillingham. (Ord. 92-13 § 1 (part), 1992; Ord. 95-13 § 1, 1995; Ord. 96-8 § 4, 1996; Ord. 99-04 § 5, 1999.)
4.16.070 Posting.
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.)
4.16.080 Revocation.
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(F). (Ord. 92-13 § 1 (part), 1992; Ord. 09-06 § 2 (part), 2009.)
4.16.090 Appeals.
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.)