Chapter 5.05
BUSINESS LICENSE
Sections:
5.05.010 Definitions.
5.05.020 License required.
5.05.030 Application and issuance.
5.05.040 Fees – Payment – Term of licenses.
5.05.050 Number of licenses required.
5.05.060 License to be exhibited.
5.05.070 Inspector of licenses.
5.05.080 Duties and powers of inspectors.
5.05.090 Transfer of license.
5.05.100 Prorating prohibited.
5.05.110 Revocation of business license.
5.05.120 Denial – Restrictions – Suspension – Revocation.
5.05.130 Appeal.
5.05.010 Definitions.
In this chapter, unless the context otherwise requires, the following words and phrases shall be construed as follows:
A. “Business” means all activities or acts including any occupation, trade, calling, or profession, whether personal or corporate.
B. “Transaction of business” means to practice, carry on, engage in, or operate a business with the object of profit, gain, benefit or advantage, either direct or indirect, whether or not profit is actually generated.
C. “Public market” means any group or groups of persons brought together by a central organizing body at a single event, or periodically, for the purpose of selling or reselling goods or merchandise for profit at a public location including, but not limited to, farmers’ markets, swap meets, and other similar events. [Ord. 2009-20 § 1.]
5.05.020 License required.
A. It is unlawful for any person, whether as principal or agent, either for himself or for another person, or for any corporation, or as a member of any firm or partnership, to commence, practice, transact or carry on any trade, calling, profession, occupation or business within the town limits without first having procured a license from the town to do so and without complying with all regulations of such trade, calling, profession, occupation or business as specified or required by the United States government or the state of Arizona and its political subdivisions. No license shall be issued without proof by the applicant of such compliance and verification by the town clerk that no violation of the town’s zoning or sales tax regulations will occur by such issuance.
B. The practicing or carrying on of any trade, calling, profession, occupation or business by any person, corporation or partnership without first having procured a license from the town to do so, or without complying with any and all regulations of such trade, calling, profession, occupation or business, as required by other law or by this chapter, shall constitute a separate violation of this chapter for each and every day that such trade, calling, profession, occupation or business is practiced, carried on or conducted within the town.
C. The only exceptions to the licensing requirements of this chapter shall be:
1. Nonprofit educational institutions, fraternal and service clubs, bona fide religious organizations, and agencies of any federal, state or local governments.
2. Nonprofit private clubs where a basic membership fee covers the cost of the use of the facilities.
3. Community organizations/events upon approval of the town clerk.
4. Businesses and trades which are exempt from licensing and tax regulations under federal and state statutes. [Ord. 2009-20 § 2; Ord. 2009-21 § 1; Ord. 1996-15; Ord. 1996-11; prior code § 11-1-1. Formerly 5.05.010.]
5.05.030 Application and issuance.
A. It shall be the duty of the town clerk, upon receipt of a properly completed application for a business license and verification of the data contained thereon, to prepare and issue a license under this chapter for every person, corporation or partnership required to pay a license fee hereunder and to state in each license the amount charged for the same, the period of time covered, and the trade, calling, profession, occupation or business licensed, and the location or place of business where the trade, calling, profession, occupation or business is to be carried on, transacted or practiced.
B. In no case shall any mistake made by the town clerk in issuing any license or collecting the amount of fee for any license or the amount actually due from any person required to pay for a license as provided herein, prevent, prejudice or stop the town from collecting the correct amount of fee or charge for any license or the amount actually due from any person required to pay for a license as provided herein, or revoking any license erroneously issued and refunding the fee collected.
C. It shall be a condition precedent to licensing that all ordinances and regulations affecting the public peace, health and safety be complied with in full. [Ord. 2009-20 § 2; Ord. 1996-11; prior code § 11-1-2. Formerly 5.05.020.]
5.05.040 Fees – Payment – Term of licenses.
A. The fee for any license issued under this chapter shall be as set forth in Chapter 3.10 STC.
B. No greater or lesser amount of money shall be charged or received by the town clerk for any license than is provided for in this chapter, and no license shall be issued for any period of time other than as provided herein.
C. All charges for a license required by this chapter shall be paid in advance and in lawful money of the United States of America at the office of the town clerk.
D. The renewal charge for all licenses provided herein shall become due and payable on the anniversary date of the issuance of the license and every anniversary date thereafter, except that any new license charge shall become due and payable and be paid on or before the day of commencing to carry on, transact, or practice the trade, calling, profession, occupation or business for which a license is required by this chapter.
E. Any person, firm, company or corporation who discontinues the business, trade, calling, profession or occupation during the period covered by the current license shall not be entitled to any refund of license fee for that portion of the period remaining after discontinuing the business, trade, calling, profession or occupation.
F. License fees provided for this chapter shall become delinquent 15 days after they become due. [Ord. 2009-20 § 2; Ord. 2008-07 § 4; Ord. 1996-11; prior code § 11-1-3. Formerly 5.05.030.]
5.05.050 Number of licenses required.
A. A separate charge for a license shall be paid for each branch establishment or separate place of business in which any person, corporation or partnership shall carry on, transact or practice a trade, calling, profession, occupation or business.
B. When more than one trade, calling, profession, occupation or business is carried on, transacted or practiced by the same person, corporation or partnership at one fixed place of business, only one license shall be required and the charge for such license shall be the charge applicable to any of the activities, and all activities shall be listed on the license issued. [Ord. 2009-20 § 2; Ord. 1996-11; prior code § 11-1-4. Formerly 5.05.040.]
5.05.060 License to be exhibited.
A. Each person, corporation or partnership having a license and having a fixed place of business shall keep said license, while in force, at some conspicuous place or location within the place of business.
B. Each person, corporation or partnership having a license and having no fixed place of business shall carry such license with him or her at all times, while engaged in any activity for which the license was issued, except that a person acting for any such corporation, firm or company and not being the only person acting for such corporation, firm or company may carry with him or her a copy of the license which has been issued by the town clerk and plainly marked or stamped “Duplicate.”
C. Each person, corporation or partnership having a license shall produce and exhibit the same whenever requested to do so by the town clerk, any police officer or any agent of the town authorized to issue, inspect, or collect licenses. [Ord. 2009-20 § 2; Ord. 1996-11; prior code § 11-1-5. Formerly 5.05.050.]
5.05.070 Inspector of licenses.
A. The town clerk shall be inspector of licenses, and all police officers of the town shall be assistant inspectors of licenses and, in addition to their several duties, are hereby required to see that all required licenses are obtained. The town clerk shall maintain a record for each license issued and record the reports of violations therein.
B. Each assistant inspector of licenses, immediately upon the facts coming to his or her knowledge, shall report to the town clerk the name of any person, corporation or partnership carrying on, transacting or practicing any trade, calling, profession or business within the town without first having obtained a license as required by this chapter. [Ord. 2009-20 § 2; Ord. 1996-11; prior code § 11-1-6. Formerly 5.05.060.]
5.05.080 Duties and powers of inspectors.
A. The inspector of licenses and the assistant inspectors, each in the discharge and performance of his or her duties, shall have and exercise the following powers:
1. To issue a citation through an officer of the Pima County sheriff department or Sahuarita police department for any violation of the provisions of this chapter.
2. To enter, free of charge and at any reasonable time, any place of business for which a license is required by this chapter and to demand exhibition of the license for the current period of time from any person, corporation or partnership engaged in carrying on, transacting or practicing any trade, calling, profession, occupation or business at such place of business and, if such person, corporation or partnership shall fail then and there to exhibit such license, such person, corporation or partnership shall be liable to the penalties provided for violation of this chapter.
B. When the charge for any license required hereunder shall remain unpaid for 15 days from and after the due date, such charge shall be delinquent and the town clerk, on the day upon which said charge becomes delinquent, shall add thereto an amount equal to $5.00 as a penalty and no receipt or license shall be issued thereafter by the town clerk until the charge and penalty shall be paid in full. [Ord. 2009-20 § 2; Ord. 1996-11; prior code § 11-1-7. Formerly 5.05.070.]
5.05.090 Transfer of license.
No license issued under the provisions of this chapter shall be assigned or transferred to any other person, corporation or partnership without first obtaining permission from the town. [Ord. 2009-20 § 2; Ord. 1996-11; prior code § 11-1-8. Formerly 5.05.080.]
5.05.100 Prorating prohibited.
No license fee herein provided shall be prorated. [Ord. 2009-20 § 2; Ord. 1996-11; prior code § 11-1-9. Formerly 5.05.090.]
5.05.110 Revocation of business license.
Business licenses issued under this chapter may be revoked by the town clerk at any time, if deemed necessary in the interest of public safety, protection, health, or morals. [Ord. 2009-20 § 2; Ord. 1996-11; prior code § 11-1-10. Formerly 5.05.100.]
5.05.120 Denial – Restrictions – Suspension – Revocation.
A. Licenses issued under the provisions of this chapter may be denied, restricted, suspended or revoked by the town clerk, after notice, for any of the following causes:
1. Fraud, misrepresentation or material false statement contained in the application for license.
2. Fraud, misrepresentation or material false statement made in the course of carrying on the business.
3. Any violation of this chapter.
4. Conducting business in violation of any town ordinance, county ordinance, state law or federal law, relating to the public health, safety and welfare.
B. Upon notification of a violation, the business licensee shall have 30 days in which to remedy the violation before the license is suspended. Business activity shall be allowed to continue during this period, unless the violation threatens public health, protection, safety, or morals, in which case the business activity shall cease immediately upon notification of violation.
C. If after 30 days the violation has not been remedied and brought to the attention of the license inspector or town clerk, the license inspector shall give written notice to the licensee or the person in control of the business within the town by personal service or registered mail that the license is suspended pending a hearing before the town manager, or his or her appointee, for the purpose of determining whether the license should be revoked. The notice shall state the time and place at which the hearing is to be held, which shall be within 15 days from the date of service of the notice. The notice shall contain a brief statement of the reasons for suspension and proposed revocation.
D. The licensee may take the necessary actions during the 15-day suspension period to remedy the violation(s), if allowable, and apply to the town clerk to have the license fully restored. The suspension notice shall be void and the suspended license shall be promptly reinstated as soon as the licensee in violation receives notice in writing from the appropriate town official indicating the violation has been cured, removed or rectified.
E. During the period of the license suspension or revocation but awaiting appeal, no business activity shall be conducted at, on, or in such premises or by any such person, principal, agent, corporation, group, or member of any firm or partnership. [Ord. 2009-20 § 2; Ord. 1996-11; prior code § 11-1-11. Formerly 5.05.110.]
5.05.130 Appeal.
A. Any person aggrieved by the denial of an application for license or by the restrictions placed upon the license or by the suspension or revocation of such license and who is not satisfied with the decision of the town manager or his or her designee shall have the right to an appeal before the town council. An appeal shall be taken by filing with the town clerk, within 15 days after the decision of the hearing officer, a written statement requesting an appeal, and setting forth fully the grounds for the appeal. If an appeal is not requested within such time limit, no appeal shall be granted, and the decision of the hearing officer will become final and binding. Such written statement of appeal must be delivered in person to the town clerk.
B. The town council shall hear the matter of the appeal at the next regularly scheduled meeting that provides sufficient notice to the licensee, and notice of such hearing shall be mailed to the appellant at least seven days prior to the meeting. Notice shall be deemed delivered upon mailing, whether received or not.
C. The decision and order of the town council on appeal shall be final. [Ord. 2009-20 § 2; prior code § 11-1-12. Formerly 5.05.120.]