Chapter 5.16
TEMPORARY BUSINESSES

Sections:

5.16.010    Exercise of revenue license power.

5.16.020    Definitions.

5.16.030    License – Required.

5.16.040    License – Exemptions.

5.16.050    License – Bond required.

5.16.060    License fees – Amount.

5.16.070    License fees – Method of payment.

5.16.080    Fee and penalties constitute a debt to city.

5.16.090    Responsibility for licensing employees.

5.16.100    Rules and regulations – City clerk authority.

5.16.110    Violation – Penalty.

5.16.010 Exercise of revenue license power.

The provisions of this chapter shall be deemed an exercise of the power of the city to license for revenue the privilege of engaging in temporary business in the city. (Ord. 400 § 2, 1982).

5.16.020 Definitions.

For the purposes of this chapter, words and phrases have the following meanings:

A. “Business” means all activities engaged in with the object of financial gain, benefit or advantage to the licensee or to another person or class, directly or indirectly.

B. “License year” means the calendar year.

C. “Nonprofit” means that a nonprofit status was granted pursuant to the Internal Revenue Code of 1954.

D. “Temporary” means operating less than 30 days in a calendar year at a non-fixed or nonpermanent location. (Ord. 400 § 4, 1982).

5.16.030 License – Required.

It is unlawful for any person to engage in a temporary business in the city without first obtaining a license pursuant to the provisions of this chapter. (Ord. 400 § 3, 1982).

5.16.040 License – Exemptions.

Except as hereinafter provided, the provisions of this chapter shall not apply to:

A. Any edible products raised and sold by any farmer or gardener;

B. Any edible fish or other edible aquatic animals taken from the water and sold by any fisherman;

C. Merchants or their employees in delivering goods in the regular course of business;

D. Any organization with a nonprofit status; and

E. Persons delivering newspapers. (Ord. 400 § 5, 1982).

5.16.050 License – Bond required.

Each applicant for a license shall file with an application a good and sufficient bond in the sum of $500.00, which shall be approved by the city attorney. (Ord. 400 § 6, 1982).

5.16.060 License fees – Amount.

The license fees for a temporary business shall be and are hereby fixed at $20.00 a day or $400.00 per calendar year. The applicant shall select a per-day or per-year fee at the time of application. (Ord. 400 § 7, 1982).

5.16.070 License fees – Method of payment.

The license fee shall be paid to the city by bank draft, certified check, cashier’s check, personal check or money order, or in cash. If payment is made by draft or check, the fee shall not be deemed paid unless the check or draft is honored in the usual course of business; nor shall the acceptance of any sum by the city be an acquittance or discharge of the fee unless the amount of the payment is in the full and actual amount due. Full payment shall be filed with the application. (Ord. 400 § 8, 1982).

5.16.080 Fee and penalties constitute a debt to city.

Any license fee due and unpaid under this chapter, and all penalties thereon, shall constitute a debt to the city, and may be collected by court proceedings in the same manner as any other debt in like amount, which remedy shall be in addition to all other existing remedies. (Ord. 400 § 12, 1982).

5.16.090 Responsibility for licensing employees.

Any person, firm or corporation employing any group of persons in any temporary business in the city shall be responsible for the licensing of all such persons so engaged, and failure to carry out this duty shall constitute a violation of this chapter. (Ord. 400 § 9, 1982).

5.16.100 Rules and regulations – City clerk authority.

The city clerk shall adopt, publish and enforce rules and regulations not inconsistent with this chapter for the purpose of carrying out the provisions thereof, and it is unlawful to violate or fail to comply with any such rule or regulation. (Ord. 400 § 10, 1982).

5.16.110 Violation – Penalty.

It shall be the duty of all persons operating a temporary business to comply with the provisions of this chapter. Failure to comply shall be a violation, and shall result in the application of one or all of the following penalties:

A. Violation of any portion of this chapter is an infraction and subject to a penalty of $100.00 as provided in GHMC 1.16.010D. The license shall be suspended or denied until all fees and penalties are paid.

B. The business owner shall be assessed a penalty in the amount of $25.00 for each and every day of violation. (Ord. 460 § 7, 1985; Ord. 400 § 11, 1982).