CHAPTER 110
GENERAL REGISTRATION PROVISIONS
Section
Registration Requirements
110.03 Registration fee; exemptions
110.04 Application for issuance
Licensing Requirements; Fees
110.22 Types of businesses and fees
110.24 Fees, assessments and issuance of license
REGISTRATION REQUIREMENTS
110.01 TITLE.
This subchapter may be cited as the “Business Registration Subchapter.”
(’87 Code, § 14-2-1) (Ord. 81-7; Am. Ord. 88-027; Am. Ord. 91-009; Am. Ord. 94-024)
110.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENGAGING IN BUSINESS. Persons operating, conducting, doing, carrying on, causing to be carried on, or pursuing any business, profession, occupation, trade, pursuit or activity for the purpose of profit and who are required to obtain a New Mexico taxpayer identification number.
PERSON. Any individual, male or female, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate or other entity engaging in a business, profession, occupation, trade, pursuit or commercial activity.
PLACE OF BUSINESS. The premises within the city, whether it be a personal residence, main business location or an outlet, branch or other location thereof, temporary or otherwise, where a person is engaging in business. In the event there is no location, but the business is transacted or the service provided in the location of the buyer, then the general sales area within the city shall be considered a PLACE OF BUSINESS. Unless a construction contractor has at least one permanent location within the city, PLACE OF BUSINESS includes a construction site, located therein.
SEPARATE BUSINESS. A business located or conducted at the same address as another registered business, whether or not owned by the same person, that is additional to and different from the other registered business. A business will be considered a SEPARATE BUSINESS if it has a different name and it is not so related to the other business as to be a component part of the other business.
(’87 Code, § 14-2-2) (Ord. 81-7; Am. Ord. 88-027; Am. Ord. 91-009; Am. Ord. 94-024)
110.03 REGISTRATION FEE; EXEMPTIONS.
(A) No business registration fee shall be imposed on any business which is licensed under Section 110.20 et seq., or which is exempted pursuant to NMSA § 3-38-1 et seq., as amended. (’87 Code, § 14-2-3)
(B) There is imposed on each place of business conducted in this municipality a business registration fee for each calendar year. The fee is imposed pursuant to NMSA § 3-38-3 as it now exists or is amended and shall be known as the “business registration fee.” The business registration fee shall be for a full 12-month period, but may be prorated for business conducted for a portion of the year in accordance with the city’s Schedule of Fees. (’87 Code, § 14-2-4)
(C) A business otherwise required to register with the city under this subchapter may obtain a limited-time business registration for a reduced registration fee as set forth in the city’s Schedule of Fees. Such limited-time business registration shall permit the holder to conduct business for no more than four consecutive calendar days in the city.
(Ord. 81-7; Am. Ord. 88-027; Am. Ord. 91-009; Am. Ord. 94-024; Am. Ord. 13-12)
110.04 APPLICATION FOR ISSUANCE.
(A) Any person proposing to engage in business within the municipal limits of the city, shall apply to the city and pay a business registration fee as stipulated for each place of business within the limits of the city, prior to engaging in business unless the business is exempt under § 110.03(A).
(B) Any person filing an application for issuance of a business registration shall include in the application the current taxpayer identification number, issued by the New Mexico Taxation and Revenue Department, and any other lawful information required by the city, including, but not limited to the disclosure of handling of hazardous, special materials, toxic or radioactive materials.
(C) The City Clerk shall not issue a business registration authorizing the conduct of commercial activity to any person whose records reflect any unresolved noncompliance with the business registration provisions or any other municipal ordinances or regulations.
(’87 Code, § 14-2-5) (Ord. 81-7; Am. Ord. 88-027; Am. Ord. 91-009; Am. Ord. 94-024)
110.05 RENEWAL.
(A) Thirty days before the expiration of the business registration, any person with a place of business in the city and subject to this subchapter shall apply to renew the business registration and shall pay an annual fee for each place of business to the City Clerk’s office.
(B) The City Clerk shall not issue a business registration authorizing renewal for the conduct of commercial activity to any person whose records reflect any unresolved non-compliance with the business registration provisions or any other municipal ordinances or regulations.
(’87 Code, § 14-2-6) (Ord. 81-7; Am. Ord. 88-027; Am. Ord. 91-009; Am. Ord. 94-024)
110.06 LATE FEE.
There shall be imposed upon each delinquent registration fee, a late fee, in the event a new business does not pay the registration fee before it commences business or the annual renewal fee is not paid prior to the expiration date of the registration.
(’87 Code, § 14-2-7) (Ord. 81-7; Am. Ord. 88-027; Am. Ord. 91-009; Am. Ord. 94-024)
110.07 COMPLIANCE REQUIRED.
Compliance with this subchapter shall not exempt any business from compliance with other provisions in this code, as follows:
(A) Chapter 154;
(B) Chapter 156;
(C) Chapter 112;
(D) Chapter 113;
(E) Chapter 115;
(F) Chapter 116; and
(G) Other requirements as may be enacted by ordinance of the governing body.
(’87 Code, § 14-2-9) (Ord. 81-7; Am. Ord. 88-027; Am. Ord. 91-009; Am. Ord. 94-024)
110.08 VIOLATION.
If any business is conducted in violation of this subchapter, the city may institute appropriate legal action brought to prevent the conduct of business or to restrain, correct or abate the violation of the subchapter. Any person who has not paid the business registration fee for issuance or renewal by the deadline date shall be sent a notice of violation by certified mail, ordering appearance before the City Clerk within 30 days from date notice is mailed, to show cause why the city should not initiate proceedings under this subchapter.
(’87 Code, 14-2-8) (Ord. 81-7; Am. Ord. 88-027; Am. Ord. 91-009; Am. Ord. 94-024)
LICENSING REQUIREMENTS; FEES
110.20 POLICY.
The governing body hereby declares and determines that the licensing and regulation of certain businesses would be conducive to the promotion and protection of the health and general welfare of the city. The fees imposed in this subchapter upon businesses which are hereby determined to affect the health and general welfare of the city shall bear a reasonable relation to the actual costs of the city in regulating each place of business named herein.
(’87 Code, § 14-4-1) (Ord. 86-022; Am. Ord. 88-027)
110.21 LICENSE REQUIRED.
It shall be unlawful for any person to engage in the following businesses, professions or trades, as defined herein within the corporate limits of the city without first obtaining a license as resolved herein and pursuant to NMSA §§ 3-38-1 et seq., as amended.
(’87 Code, § 14-4-2) (Ord. 86-022; Am. Ord. 88-027) Penalty, see § 110.99
110.22 TYPES OF BUSINESSES AND FEES.
(A) Before conducting, operating or engaging in any business, trade or occupation within the limits of the city every business, listed below, shall pay in advance a fee as determined by the City Clerk.
(1) Private detectives;
(2) Pawnbrokers and pawn shops;
(3) Amusement ticket brokers;
(4) Dealers in secondhand goods;
(5) Loan agents and agencies;
(6) Traveling shows;
(7) Circuses;
(8) Carnivals;
(9) Wrestling or sparring exhibitions and contests;
(10) Auctioneers; and
(11) Cannabis establishments.
(B) A separate license is hereby imposed on each place of business conducted or maintained by the same person, firm, corporation or association.
(’87 Code, § 14-4-3) (Ord. 86-022; Am. Ord. 88-027; Am. Ord. 21-29)
110.23 APPLICATION.
Applicants for licenses under this subchapter must file with the City Clerk, a sworn application in writing or electronically as prescribed by the Uniform Electronic Transactions Act, Section 14-16-1, NMSA 1978, on a form to be furnished by the City Clerk, which shall include, but is not limited to, the following information:
(A) Owner’s name;
(B) Owner’s home address;
(C) Business name, including DBA, when applicable;
(D) Physical business address;
(E) Email address;
(F) Current New Mexico Revenue Division taxpayer identification number or evidence of application for a current New Mexico Revenue Division taxpayer identification number;
(G) A brief description of the nature of the business; and
(H) Proof of insurance coverage and copy of government or industry licensure required of business category, when applicable.
(’87 Code, § 14-4-4) (Ord. 86-022; Am. Ord. 88-027; Am. Ord. 21-29)
110.24 FEES, ASSESSMENTS AND ISSUANCE OF LICENSE.
(A) On or before March 15 of each year, all businesses engaging in a type of business enumerated under § 110.22 shall apply for a business license for that year. These businesses shall include payment with the application.
(B) Upon payment of the business fee, the City Clerk shall send a business license to the applicant.
(C) Any business may protest the business license fee assessment by filing a written protest with the City Clerk on or before March 15. The governing body shall give the protesting business no less than five days’ notice of the hearing at which time the protest shall be heard by the governing body.
(D) Any business, which must have a business license as required by this subchapter and which begins operation after March 15 of the calendar year, shall apply to the City Clerk for a business license prior to engaging in business. The amount of the license fee shall not be prorated.
(’87 Code, § 14-4-5) (Ord. 86-022; Am. Ord. 88-027) Penalty, see § 110.99
110.99 PENALTY.
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B)(1) Any business which violates §§ 110.20 et seq. or fails to comply with any requirements shall be subject to a penalty of up to $500. Each day the business violates §§ 110.20 et seq. or fails to comply with any requirements shall constitute a separate offense.
(2) The municipality may also initiate collection and enforcement procedures as outlined in NMSA §§ 3-38-5 and 3-38-6, as amended.
(’87 Code, § 14-4-6) (Ord. 86-022; Am. Ord. 88-027)