Chapter 5.05
BUSINESS LICENSES
Sections:
5.05.040 Peddlers, solicitors, street vendors, and temporary merchants.
5.05.050 Multiple businesses on same premises.
5.05.070 Procedure for obtaining licenses.
5.05.080 Violation and penalty.
Cross-reference: Temporary sales, peddlers and solicitors, see Chapter 5.15 NMC.
5.05.010 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Business” means professions, trades, occupations, shops and every kind of calling carried on for profit or livelihood.
Liability of Agent. The agent or agents of a nonresident proprietor engaged in any business for which a license is required by this chapter shall be liable for the payment of the fee as herein provided and for the penalties for failure to pay the same or to comply with the provisions of this chapter to the extent and with like effect as if such agent or agents were themselves proprietors.
“Person” means all domestic and foreign corporations, associations, syndicates, partnerships of every kind, joint ventures, sole proprietorships, societies, and individuals transacting and carrying on any private business in the city, whose gross income exceeds $1,000 annually. No person employed by a licensed or exempt business shall, for the purpose of this chapter, be deemed a person transacting and carrying on any business in the city. [Ord. 2586, 9-2-03. Code 2001 § 114.01.]
Penalty: See NMC 5.05.080.
5.05.020 Purpose.
A. Revenue. This chapter is enacted, except as hereinafter otherwise specified, to provide revenue for municipal purposes relating to economic development and for the necessary expenses required to administer the city’s business license program.
B. Separate.
1. The license fees levied by this chapter shall be independent and separate of any license or permit fees now or hereafter required of any person to engage in any business by any city ordinance regulating any business herein required to be licensed.
2. All such businesses shall remain subject to the regulatory provisions of any such ordinances or ordinance now or hereafter in effect, and the persons engaged therein liable to the payment of any license fees therein provided.
C. Application. Nothing in this chapter shall be construed to apply to any person while transacting and carrying on any business within the city which is exempt from taxation or regulation by the city by virtue of the constitutions or applicable statutes of the state or the United States.
D. Unlawful Business. The levy or collection of a license fee upon any business shall not be construed to be a license or permit of the city to the person engaged therein, to engage therein in the event such business shall be unlawful, illegal or prohibited by city ordinances or by the laws of the state or the United States. [Ord. 2586, 9-2-03. Code 2001 § 114.02.]
5.05.030 Basic fees.
A. Fee Amount.
1. There is imposed upon the business trades, shops, professions, callings and occupations specified in this chapter a basic license fee of $50.00, and it shall be unlawful for any person to transact and carry on any such business in the city without first having obtained the license for the current calendar year as herein provided or complied with any and all application provisions of this chapter.
2. Home occupation businesses shall pay a license fee of $25.00.
B. Term. The business license shall be valid for 12 calendar months from date of issuance.
C. Fee Due Date. Business license fees are due and payable upon expiration of a previously issued license, or for new businesses upon the first day any trades, shops, professions, callings and occupations are conducted within the city.
D. Different Branch or Location.
1. Each branch establishment of a business or location of a business conducted by any person shall, for the purposes of this chapter, be a separate business and subject to the license fee herein provided.
2. However, warehouses used solely incidentally in connection with a business licensed pursuant to the provisions of this chapter and operated by the person conducting such business shall not be separate places of business or branch establishments. [Ord. 2586, 9-2-03. Code 2001 § 114.03.]
Penalty: See NMC 5.05.080.
5.05.040 Peddlers, solicitors, street vendors, and temporary merchants.
A. Activities Governed. Notwithstanding any other provision of this chapter, businesses conducted by peddlers, solicitors, street vendors and temporary merchants shall be governed in accordance with the provisions of NMC 5.15.050 et seq.
B. General Merchant’s Fee. Peddlers, solicitors and street vendors shall pay a license fee of $25.00 for each six-month registration period.
C. Temporary Merchant’s Fee.
1. Temporary merchants shall pay a license fee of $50.00 for each operating period of from four to 45 days.
2. Temporary merchants operating for more than 45 days during any 12-month period shall pay a license fee of $75.00. [Ord. 2586, 9-2-03. Code 2001 § 114.04.]
5.05.050 Multiple businesses on same premises.
A. If two or more businesses are carried on at the same premises by the same owners, one license issued in the name of the business for which the premises are primarily used shall be sufficient for all such activities.
B. Any business activity leased, under concession to, or owned wholly or in part by a different person or persons on the same premises must be separately licensed. [Ord. 2586, 9-2-03. Code 2001 § 114.05.]
Penalty: See NMC 5.05.080.
5.05.060 Exemptions.
A. Charitable, Religious, and Fraternal Organizations. Raising funds for any bona fide charitable, religious, or fraternal organization by said organization.
B. Limited Lessors. Leasing of two or fewer units of residential real estate within the city.
C. Garage or Yard Sales. A person who is conducting a garage or yard sales on a noncontinuous basis at the person’s private residence.
D. City-Sponsored Activities. Any activity sponsored by the city.
E. City Franchise Fee. Any business operating under a city franchise. [Ord. 2586, 9-2-03. Code 2001 § 114.06.]
5.05.070 Procedure for obtaining licenses.
A. Issuance.
1. All licenses shall be issued by the city, upon written application.
2. All licenses and permits are subject to revocation at any time by the city council for cause.
B. Application. The application for such license shall contain the following information:
1. A description of the trades, shops, professions, callings and occupations to be carried on within the city;
2. The name of the applicant, with a statement of all persons having an interest in the business, either as proprietors or owners;
3. The location of the place where the business is carried on;
4. Date of application;
5. Amount of money tendered with application;
6. Signature of the applicant; and
7. Other indicated information the city manager may deem necessary.
C. Changes.
1. Change of Business Name. If a business changes only its name, but continues to be owned by the same persons or entity, the name change shall be made upon the city business license records for an administrative fee of $10.00.
2. Change of Ownership. If ownership of a business changes, though continuing with a same or different name, the new owners shall obtain a new business license for the business. [Ord. 2586, 9-2-03. Code 2001 § 114.07.]
Penalty: See NMC 5.05.080.
5.05.080 Violation and penalty.
A. Unlawful Acts. It is unlawful for any person to willfully make any false or misleading statement on the application for the purpose of determining the amount of any license fee herein provided to be paid by any such person, or to fail or refuse to comply with any of the provisions of this chapter to be complied with or observed by such person, or to fail or refuse to pay before the same shall be delinquent any license fee or penalty required to be paid by any such person.
B. Failure to Obtain License. In the event any person required to obtain a license shall fail or neglect to obtain the same before it shall become delinquent, the city shall collect the license fee in addition to a penalty of five percent of the fee for each calendar month or fraction of a month the same shall be delinquent.
C. Vested Right.
1. Nothing herein contained shall be taken or construed as vesting any right in any license as a contract obligation on the part of the city as to the amount of the fee hereunder.
2. Other or additional taxes or fees, and the fees herein provided for, may be increased or decreased, and additional or other fees provided for and levied in any and all instances at any time by the city, and any business may be reclassified or subclassified at any time and other or additional fees levied upon any business or parts of a business.
D. Convictions.
1. The conviction of any person for violation of any of the provisions of this chapter shall not operate to relieve such person from paying any fee or penalty thereupon for which such person shall be liable.
2. Nor shall the payment of any such fee be a bar to or prevent any prosecution in the city court of any complaint for the violation of any of the provisions of this chapter.
E. Penalty.
1. Any person violating any provision of this chapter shall have committed a Class 4 civil infraction and shall be processed in accordance with the procedures set forth in the uniform civil infraction procedure ordinance, Chapter 2.30 NMC.
2. Every day of a continuing violation shall be deemed a separate offense. [Ord. 2586, 9-2-03. Code 2001 § 114.99.]