CHAPTER 4-6: BUSINESS LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS

SECTIONS:

4-6-1:    DEFINITIONS:

4-6-2:    LICENSE REQUIRED; EXEMPTIONS:

4-6-3:    APPLICATION AND ISSUANCE; APPROVALS REQUIRED:

4-6-4:    LICENSE TERM AND FEES; PENALTIES:

4-6-5:    CANCELLATION, REVOCATION, OR DENIAL OF BUSINESS LICENSE:

4-6-6:    NONTRANSFERABILITY; DISPLAY:

4-6-7:    COMPLIANCE WITH OTHER LAWS:

4-6-1 DEFINITIONS:

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

"Business" means activities or acts engaged in or caused to be engaged in with the object of gain, benefit or advantage, or consideration either directly or indirectly; and shall include any trade, game or amusement, calling, profession, occupation or performance of services whether engaged in for profit or not for profit.

"Casual activity or sales" means a transaction of an isolated nature made by a person who neither represents himself to be nor is engaged in a business for which a license is required. The sale, rental, license for use, or lease transaction concerning real property shall not be treated, or be exempt, as casual. Examples of casual activities or sales include but are not limited to:

1. Individuals engaging in private sales activities, such as the sale of a personal automobile or yard sale, on no more than three (3) separate occasions during any calendar year.

2. Persons under the age of eighteen (18) years engaged in part time or seasonal employment while still attending school full time.

"Delivery" includes wholesale or retail deliveries.

"Person" includes all individuals and legal entities which may, under applicable law, conduct business.

"Profession" means any occupation which requires advanced learning acquired by a prolonged course of specialized intellectual instruction or which involves original or creative work depending primarily on invention, imagination, or talent, including, but not limited to, accountants, architects, artists, attorneys, dentists, doctors, medical technicians, nurses, engineers, surveyors, and veterinarians.

"Separate business location" means a different physical address or branch location of the same business or franchise. A single business occupying more than one (1) suite in the same building does not constitute a separate business location.

"Special event" means any fair, parade, march, motorcade, ceremony, show, exhibition, procession, festival, street dance, circus, carnival, concert, performance, rodeo, organized race, seasonal/holiday sales lot or other temporary activity which invites public participation and patronage (with or without charge) whether held on public or private property. Special events do not include block parties or private events to which the public is not invited or allowed to participate.

"Special event sponsor/promoter" means an individual who promotes, schedules, contracts for, or otherwise arranges for a sales event, show, exhibition or any other public event where other individuals gather to sell, show, exhibit, display, entertain or in any other way render services to the general public.

"Vendor" means all activities or acts, personal or corporate, engaged in and caused to be engaged in with the object of gain, benefit, or advantage, either direct or indirect. The term "vendor" shall include any trade, business, game, amusement, calling, profession or occupation. (Ord. 4973-1513, 5-3-2016, eff. 1-1-2017)

4-6-2 LICENSE REQUIRED; EXEMPTIONS:

(A) All persons engaging in any business, occupation or profession within the City, including businesses located outside the City limits, except for those persons specified in subsection (B) of this section, shall be required to obtain a business license pursuant to this chapter and to pay an annual license fee.

(B) The following persons, when engaging in activities subject to the following licensing provisions, shall not be required to obtain a license:

1. Casual activity or sales.

2. Churches as religious institutions engaged solely as a place of worship.

3. Schools whether public or private.

4. Governmental entities, whether federal, state or municipal.

5. Political organizations and homeowner associations as defined and registered by the Internal Revenue Service (IRS).

6. Businesses physically located outside the municipal limits whose only contact within the City is the delivery of pre-ordered goods.

7. Any person who engages in a business, occupation or profession for which a City license is required only as an employee of or as an independent contractor for another person or entity which holds a City license for such business, occupation or profession.

8. All exemptions granted pursuant to the Arizona Revised Statutes.

(C) It is unlawful for any person to practice, transact or carry on any business within the municipal limits of the City without first having procured a license from the City to do so, or without complying with any and all regulations of such business designated in this chapter.

(D) A separate license shall be obtained for each branch or separate place of business and for each business transacted or carried on at the same place or location; provided, however, that a residential landlord who leases three (3) or fewer rental units shall obtain a single license listing the rental units as a residential landlord. Each license issued shall authorize the licensee to practice, transact and carry on only that business set forth on such license and only at the location or place of business described thereon.

(E) A single license will be required for multiple professionals co-located at a single business address.

(F) Special event vendors and sponsor/promoters are required to obtain a business license, unless already possessing an annual license to operate in the City. All vendors and sponsor/promoters must also comply with the City Tax Code. In addition, all special event sponsor/promoters shall furnish a list of all vendors participating in the event, including information requested by the Finance Department, within ten (10) days of the close of the event. (Ord. 4973-1513, 5-3-2016, eff. 1-1-2017)

4-6-3 APPLICATION AND ISSUANCE; APPROVALS REQUIRED:

(A) Every person seeking a business license must complete an application and furnish the information requested by the City. The City reserves the right to request any information deemed necessary to insure public safety and the collectability of license fees. Refusal to provide any requested information is grounds for denial of license.

(B) If the business is to be located within the City limits, the application may require approval by the appropriate department(s) prior to the issuance of a business license. (Ord. 4973-1513, 5-3-2016, eff. 1-1-2017)

4-6-4 LICENSE TERM AND FEES; PENALTIES:

(A) The license fee shall be set by resolution.

(B) The business license shall be valid only for the calendar year in which it is issued unless renewed each year by filing the appropriate application for license renewal and paying an annual license renewal fee.

(C) Proration of license fees is not allowed.

(D) The annual license renewal fee is due on or before January 1st of each year and delinquent if not paid and received on or before the last business day of January.

(E) The annual license fee is subject to a fifty percent (50%) penalty if the annual license fee is not paid within thirty (30) days of beginning business within the City. The annual license fee is delinquent and subject to the fifty percent (50%) penalty if not paid and received on or before the last business day of January.

(F) Penalties may be waived in accordance with City departmental policy. (Ord. 4973-1513, 5-3-2016, eff. 1-1-2017)

4-6-5 CANCELLATION, REVOCATION, OR DENIAL OF BUSINESS LICENSE:

(A) A business license issued under this chapter may be cancelled or revoked at any time during the term of such license, or the application or renewal may be denied if the City or its designee determines that a person or entity owning or operating the business or an employee of the business has violated one or more of the following:

1. Failed to provide complete and accurate information of the applications required by this chapter; or

2. Failed to renew business license when required; or

3. Failed to pay the business license fees in full when due and payable; or

4. Violated or is not in compliance with either Prescott City Code, Prescott Land Development Code, or the Arizona Revised Statutes; or

5. Been determined by the City to owe delinquent City transaction privilege taxes, and/or other delinquent fees payable to the City.

(B) A notice of cancellation or refusal to issue or renew, or the revocation of an existing license, will be given to the applicant(s) and licensee(s), specifying the nature of the violation(s). Notice shall be delivered or mailed to the address of the applicant(s), licensee(s), or statutory agent(s), as shown on the current business license application. The giving of notice shall be completed upon the date of mailing or delivery.

(C) No business license revoked or cancelled pursuant to this section shall be reinstated until the cause for cancellation has been fully rectified and a new fee collected.

(D) It is unlawful for any person to continue to engage in or conduct any business within the City upon the revocation or nonrenewal of that person’s business license until the license required by this chapter has been secured. In the event a person violates this subsection, the City may seek, in addition to all remedies available in this code, an injunction in the Yavapai Superior Court enjoining the violator from engaging or continuing in business within the City until such person has complied with this chapter. (Ord. 4973-1513, 5-3-2016, eff. 1-1-2017)

4-6-6 NONTRANSFERABILITY; DISPLAY:

(A) Business licenses are not transferable.

(B) Every licensee under this chapter shall display the license conspicuously at the applicable place of business and shall upon demand display the same to the City police or other designee of the City. If the licensee does not have a place of business within the City limits, the license shall be kept on the person conducting the licensee’s business. (Ord. 4973-1513, 5-3-2016, eff. 1-1-2017)

4-6-7 COMPLIANCE WITH OTHER LAWS:

The granting of a license is not deemed as evidence or proof that the business is in compliance with the provisions of this chapter or other ordinances of the City, nor shall it stop the prosecution by the City for any such violations of this code. (Ord. 4973-1513, 5-3-2016, eff. 1-1-2017)