Chapter 5.12
LICENSES
Sections:
5.12.010 Application—Issuance—Contents.
5.12.020 Tax based on equipment—One license—Tags and stickers.
5.12.030 Application—First license—Contents.
5.12.040 Gross receipts estimate.
5.12.050 Sworn statement and tax payment prerequisite to issuance.
5.12.060 Renewal license.
5.12.070 License transferability.
5.12.080 Duplicate license.
5.12.090 Posting and keeping licenses.
5.12.010 Application—Issuance—Contents.
Every person required to have a license under the provisions of this article shall make application as hereinafter prescribed for the same to the collector of the city, and upon the payment of the prescribed license tax the collector shall issue to such person a license which shall contain the following information:
A. The name of the person to whom the license is issued;
B. The business licensed;
C. The place where such business is to be transacted and carried on;
D. The date of the expiration of such license; and
E. Such other information as may be necessary for the enforcement of the provisions of this article. (Ord. 45 § 1 (part), 1972: prior code § 4-109.010)
5.12.020 Tax based on equipment—One license—Tags and stickers.
Whenever the tax imposed under the provisions of this article is measured by the number of vehicles, devices, machines or other pieces of equipment used, or whenever the license tax is measured by the gross receipts from the operation of such items, the collector shall issue only one license; provided that he may issue for each tax period for which the license tax has been paid one identification sticker, tag, plate or symbol for each item included in the measure of the tax or used in a business where the tax is measured by the gross receipts from such items. (Ord. 45 § 1 (part), 1972: prior code § 4-109.020)
5.12.030 Application—First license—Contents.
Upon a person making application for the first license to be issued under this article or for a newly-established business, such person shall furnish to the collector a sworn statement, upon a form provided by the collector, setting forth the following information:
A. The exact nature or kind of business for which a license is requested;
B. The place where such business is to be carried on, and if the same is not to be carried on at any permanent place of business, the places of residences of the owners of same;
C. In the event that application is made for the issuance of a license to a person doing business under a fictitious name, the application shall set forth the names and places of residences of those owning the business;
D. In the event that the application is made for the issuance of a license to a corporation or a partnership, the application shall set forth the names and places of residences of the officers or partners thereof;
E. In all cases where the amount of license tax to be paid is measured by gross receipts, the application shall set forth such information as may be therein required and as may be necessary to determine the amount of the license tax to be paid by the applicant;
F. Any further information which the collector may require to enable him to issue the type of license applied for. (Ord. 45 § 1 (part), 1972: prior code § 4-110.010)
5.12.040 Gross receipts estimate.
If the amount of the license tax to be paid by the applicant is measured by gross receipts, he shall estimate the gross receipts for the period to be covered by the license to be issued. Such estimate, if accepted by the collector as reasonable, shall be used in determining the amount of license tax to be paid by the applicant; provided, however, the amount of the license tax so determined shall be tentative only and such person shall, within thirty days after the expiration of the period for which such license was issued, furnish the collector with a sworn statement, upon a form furnished by the collector, showing the gross receipts during the period of such license, and the license tax for such period shall be finally ascertained and paid in the manner provided by this article for the ascertaining and paying of renewal license taxes for other businesses, after deducting from the payment found to be due the amount paid at the time such first license was issued. (Ord. 45 § 1 (part), 1972: prior code § 4-110.020)
5.12.050 Sworn statement and tax payment prerequisite to issuance.
The collector shall not issue to any such person another license for the same or any other business until such person has furnished to him the sworn statement and paid the license tax as required in this article. (Ord. 45 § 1 (part), 1972: prior code § 4-110.030)
5.12.060 Renewal license.
In all cases, the applicant for the renewal of a license shall submit to the collector, for his guidance in ascertaining the amount of the license tax to be paid by the applicant, a sworn statement, upon a form to be provided by the collector, setting forth such information concerning the applicant’s business during the preceding year as may be required by the collector to enable him to ascertain the amount of the license tax to be paid by the applicant pursuant to the provisions of this article. (Ord. 45 § 1 (part), 1972: prior code § 4-111)
5.12.070 License transferability.
No license issued pursuant to this article shall be transferable; provided, that where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may upon application therefor and paying a fee of ten dollars have the license amended to authorize the transacting and carrying on of such business under the license at some other location to which the business is or is to be moved; provided further that transfer, whether by sale or otherwise, to another person under such circumstances that the real or ultimate ownership after the transfer is substantially similar to the ownership existing before the transfer shall not be prohibited by this section. For the purpose of this section, stockholders, bondholders, partnerships or other persons holding an interest in a corporation or other entity defined in this article to be a person are regarded as having the real or ultimate ownership of such corporation or other entity. (Ord. 45 § 1 (part), 1972: prior code § 4-117)
5.12.080 Duplicate license.
A duplicate license may be issued by the collector to replace any license previously issued under this article which has been lost or destroyed upon the licensee filing statement of such fact and at the time of filing such statement paying to the collector a duplicate license fee of ten dollars. (Ord. 45 § 1 (part), 1972: prior code § 4-118)
5.12.090 Posting and keeping licenses.
A. Any licensee transacting and carrying on business at a fixed place of business in the city shall keep the license posted in a conspicuous place upon the premises where such business is carried on.
B. Any licensee transacting and carrying on business but not operating at a fixed place of business in the city shall keep the license upon his person at all times while transacting and carrying on the business for which it is issued.
C. Whenever identifying stickers, tags, plates or symbols have been issued for each vehicle, device, machine or other piece of equipment included in the measure of a license tax, the person to whom such stickers, tags, plates or symbols have been issued shall keep firmly affixed upon each vehicle, device, machine or piece of equipment the identifying sticker, tag, plate or symbol which has been issued therefor at such locations as are designated by the collector. Such sticker, tag, plate or symbol shall not be removed from any vehicle, device, machine or piece of equipment kept in use, during the period for which the sticker, tag, plate or symbol is issued.
D. No person shall fail to affix as required in this section any identifying sticker, tag, plate or symbol to the vehicle, device, machine or piece of equipment for which it has been issued at the location designated by the collector, or give away, sell or transfer such identifying sticker, tag, plate or symbol to another person, or permit its use by another person. (Ord. 45 § 1 (part), 1972: prior code § 4-119)