8-7-10 ENFORCEMENT.

ARTICLE 8-7
Business Registration Permits

Section

8-7-1 Definitions

8-7-2 Business registration permit required

8-7-3 General requirements

8-7-4 Business registration permit

8-7-5 [Reserved]

8-7-6 Display or posting of permit

8-7-7 Inspection of permit

8-7-8 Location restrictions

8-7-9 Penalty

8-7-10 Enforcement

8-7-1 DEFINITIONS.

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

BUSINESS. 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, or owners/operators of more than one residential rental unit, but not casual activities or sales. The term BUSINESS shall include any trade, business, game, amusement, calling, profession or occupation. BUSINESS does not include schools, churches, athletic groups or nonprofit organizations as deemed by the IRS. For purposes of this chapter, BUSINESS shall not include peddlers (Ch. 8-1 et seq.), special events, or park and swap operation (Ch. 8-3 et seq.).

CASUAL ACTIVITY OR SALE. A transaction of an isolated nature made by a person who neither represents himself to be nor is engaged in a business subject to a registration permit imposed by this chapter.

PERSON. A sole proprietor, firm, partnership, joint venture, association, corporation, estate, trust, receiver, syndicate, or broker.

(Ord. 04-902, passed 6-14-2004; Am. Ord. 06-1029, passed 10-10-2006)

8-7-2 BUSINESS REGISTRATION PERMIT REQUIRED.

(A) Any person engaged in business within the city is required to first obtain a business registration permit. This includes businesses subject to a transaction privilege tax or a use tax, as well as businesses not subject to a transaction privilege tax or use tax, but which has a physical presence within the city.

(B) All permits shall be issued for a period of one year and shall run January 1 through December 31. Registration permits issued shall not be transferable.

(Ord. 04-902, passed 6-14-2004; Am. Ord. 06-1029, passed 10-10-2006)

8-7-3 GENERAL REQUIREMENTS.

(A) Every person conducting business within the city must obtain a permit, whether you have a fixed location within the city or not.

(B) A separate permit must be obtained for each physical location within the city in which any business is conducted.

(C) When more than one business is carried on, transacted or practiced in the same location by the same person, only one permit shall be required.

(D) When more than one business is carried on, transacted, or practiced in one location by a different person, a separate permit shall be obtained for each person conducting the business at that location.

(Ord. 04-902, passed 6-14-2004; Am. Ord. 06-1029, passed 10-10-2006)

8-7-4 BUSINESS REGISTRATION PERMIT.

(A) Issuance of business registration permits.

(1) Applications for business permits or renewals of business registration permits shall be submitted to the Finance Department. Upon compliance with this article, it shall be the duty of the Finance Department to issue business registration permits within 30 days of submittal of a complete application.

(2) The Finance Department shall provide copies of completed business registration permit applications to the Community Development Department, Fire Department, and such other city departments as deemed advisable for review or inspection.

(3) Nothing herein, including the issuance of a permit, shall be deemed to legalize any act which otherwise may be in violation of the law, including the violation of the city’s zoning codes, or to exempt any person from any penalty for such violations.

(B) Payment of fees and renewal of business registration permit.

(1) All fees may be set by resolution.

(2) All permits will expire on December 31 of the year in which it is obtained. Renewal applications for business registration permits must be received by the Finance Department no later than the date of expiration. Renewals not received by such date will be suspended and an administrative fee may be levied for late renewal.

(Ord. 04-902, passed 6-14-2004; Am. Ord. 06-1029, passed 10-10-2006)

8-7-5 [RESERVED].

8-7-6 DISPLAY OR POSTING OF PERMIT.

(A) Every person engaged in business at a fixed location within the city shall display a business registration permit issued hereunder in some conspicuous part of the place of business.

(B) Every person engaged in business within the city but that does not have a fixed place of business shall carry a business registration permit with him or her at all times while carrying on the business or other activity for which the permit or any renewal thereof was granted, provided that persons who are engaged in the business of leasing or renting buildings or other structures used for commercial or business purposes are not required to display a permit at such premises or to carry such permits with them. Other structures used for commercial or business purposes are not required to display a permit at such premises or to carry such permits with them.

(C) Every person having a business registration permit under the provisions of this article shall produce and exhibit a business registration permit whenever requested to do so by any police officer, code compliance officer, or by any other authorized person.

(Ord. 04-902, passed 6-14-2004; Am. Ord. 06-1029, passed 10-10-2006)

8-7-7 INSPECTION OF PERMIT.

The city’s code compliance officers, the Chief of Police or any other duly authorized law enforcement official have the authority to:

(A) Enter, free of charge and at any reasonable time, any place of business open to the public for which a business registration permit is required by this article;

(B) To request exhibition of the business registration permit for the current period of time from any person engaged or employed in carrying on any business at the place of business; and

(C) If a business registration permit is not produced pursuant to such request, to require the disclosure of any or all of the information requested in the city’s business registration permit application.

(Ord. 04-902, passed 6-14-2004; Am. Ord. 06-1029, passed 10-10-2006)

8-7-8 LOCATION RESTRICTIONS.

(A) No permittee hereunder shall have any exclusive right to any location in a public street, nor shall the permittee be permitted to operate in any congested area where their operations might impede or inconvenience the public. For the purpose of this article, the judgement of a police officer or code compliance officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public is impeded or inconvenienced.

(B) It shall be the responsibility of the permittee to ensure that the city’s zoning regulations are complied with before applying for a business registration permit and during the term of the permit. The issuance of a permit shall not be deemed to validate the conduct of any business, activity, calling, vocation, profession, or trade at the address.

(Ord. 04-902, passed 6-14-2004; Am. Ord. 06-1029, passed 10-10-2006)

8-7-9 PENALTY.

(A) A person who fails or refuses to apply for or renew a business registration permit within 30 days of having received a written notice of demand from the Finance Department shall pay a penalty of $250 except upon a demonstration that the failure to apply for or renew a business registration permit was due to reasonable cause and not due to willful neglect.

(B) A person who fails to comply with any request of any city code compliance officer, the Chief of Police or any other duly authorized law enforcement official pursuant to the authority granted hereunder shall pay a penalty of $500.

(Ord. 04-902, passed 6-14-2004; Am. Ord. 06-1029, passed 10-10-2006)