Chapter 10 - LICENSES AND BUSINESS REGULATIONS [1]

Transcription

1 Chapter 10 - LICENSES AND BUSINESS REGULATIONS [1] ARTICLE I. - IN GENERAL Secs Reserved. ARTICLE II. - OCCUPATIONAL LICENSES [2] Sec Required; schedule of fees. The following businesses, trades, occupations or professions shall not lawfully be engaged in within the city until the enumerated licenses and occupational taxes shall be paid to the city, and a license obtained therefor, by the persons or organizations engaged in the various activities hereinafter set forth: ADVERTISING Agency, firm or corporation advertising business or commercial activity by use of banners, floats, balloons, handbills, preparation of advertisements, developing advertising commercials or strategies or similar activity. Must conform to article IV of this chapter... $ If activity licensed under other section of this chapter: no charge Each individual engaged in advertising not otherwise licensed except as provided in article IV of this chapter ALCOHOLIC BEVERAGES Remitted by state AMUSEMENT DEVICES (Pinball, video or other nonvending machine) Amusement machine parlor or establishment, one machine Each additional machine Also, see Automatic phonograph APARTMENT HOUSE (see Residence) ARCHITECT (see Professional) AUDITOR (see Professional) AUTOMATIC PHONOGRAPH (Juke box or other device producing music or sound upon insertion of money) AUTOMATIC VENDING MACHINE, per machine Operated by $ Operated by $0.02 to $ Operated by $0.11 to $ Operated by $0.25 or more AUTOMOBILE SALES, STORAGE OR REPAIR (see Retail) BANK, SAVINGS & LOAN OR LENDING AGENCY, Inc. or not BARBER SHOP (see Services) BEAUTICIAN OR BEAUTY PARLOR (see Services) BILLIARDS (see Entertainment) BOAT BUILDER (see Manufacturing) BOOKKEEPER (see Professional) CARNIVAL OR CIRCUS (see Entertainment) CONTRACTOR (see Services) Page 1

2 DIVINE OR FAITH HEALER (Does not apply to ordained ministers of any faith) Per day ENTERTAINMENT Animal rides Per day Billiard or pool table (each) Bowling alley Carnival, circus or rodeo (per day) Dance hall Fortune teller, phrenologist, palm reader, psychic Ferris wheel (per week) Other entertainment EXPRESS COMPANY FOOD PROCESSING OR SALES Bakery Dairy Fast food establishment Ice cream shop Lunch stand Restaurant, cafe or coffee shop seating up to Seating 15 or more Delicatessen Other processing of food or sales FORTUNE TELLER (see Entertainment) HOSPITAL (see Services) JUKE BOX (see Automatic Phonograph) MANUFACTURING Boat builder Bottling plant Candy Canning plant Concentrate plant Furniture Ice plant Ice cream Machine shop Metal work, furniture, signs Packing house Capacity 125 boxes per hour or more Page 2

3 Capacity under 125 boxes/hr Printing Propellers Public utility (producer and distributor of natural gas, electricity, power, water) Publishing Stone work, monuments, tombstones Welding Wood carving Other manufacturing NURSING HOME (see Services) PROFESSIONAL (Each person or firm engaged in public practice of the profession. Does not apply to employees or properly licensed businesses who do not offer direct freelance service to the public) Abstractor of title Accountant Architect Attorney Auditor Bookkeeper Chiropodist Chiropractor Dentist, dental surgeon or orthodontist Druggist or pharmacist Engineer Funeral director Ophthalmologist Optician, optometrist or oculist Pediatrician Podiatrist Physician or surgeon Surveyor Veterinarian or veterinary surgeon Other professional activity RAILROAD COMPANY RESIDENCE (Apartment house, boarding or rooming house, hotel, motel, lodging place, trailer park, camp ground) Up to 15 rooms Units or sites rooms Units or sites Over 25 rooms Units or sites RETAIL BUSINESS (sale or rental) Alcoholic beverages (remitted by state) Page 3

4 Appliances Arms or weapon dealer Art supplies Auctioneer (Annual, allows unlimited auctions in city) Resident Nonresident Per day Automotive equipment Repair garage or shop Storage garage Parking lot Sales, new or used Car washing, manual or automatic Car washing, temporary (not over 3 days, every four months): no charge Service station, four pumps or less Each additional pump Auto painting Auto parts and sales, new or used Auto lease or rental Awnings or tents Bait and tackle Boats Book or magazine sales Boutique Candy store Clothing store Convenience store Electrical machinery, parts or supplies Farm equipment Fertilizer Fencing Fish or seafood Flea market (see Open air sales) Florist Fruits and vegetables Fuel (wood, coal or coke) Fuel oil Furniture, new or used Page 4

5 Garage or yard sale (Sale of personal goods, only in a residential district on property owned or rented by the seller. Not more often than once in four months for up to three consecutive days): no charge Gas, bottled or LP Gas, natural (franchise necessary) Gasoline and oil (see Automotive equipment, service station) Open-air sale or flea market (Sales in a commercial district not in a permanent structure or location. Must have permission of the owner or tenant of the property. Items must not be displayed on or in vehicles, but shall be placed on tables or platforms, or on the ground. Not more often than once in four months, for up to three consecutive days) Greeting card or gift shop Grocery Hardware Hobbies Ice cream Land development Monuments, stone or tombstones Music or musical instruments Nursery, trees and shrubs Office equipment and supplies Paint and lumber Souveniers and trinkets (in permanent structure) Sporting goods Transient merchant (selling out of a vehicle) Other retail activity SANITARIUM (see Services, hospital) SERVICES Animal clinic Barber shop Beauty parlor Bicycle repair Boot and shoe repair Bootblack or shoe shining Builder (see Contractor) Contractor (General) Contractor (Roofer, plasterer, plumber, brick or stone mason, concrete, sidewalk builder, electrician, tile setter, glazer, painter, paper hanger, house wrecker, mover or similar activity. Holder of a city general contractor license does not require separate license as contractor) Dry cleaner Exterminator Grove caretaker Hospital, sanitarium, nursing or retirement home Page 5

6 Up to 25 beds Over 25 beds Insurance agency or company Jeweler Landscaping, lawn or garden maintenance Laundry, laundromat Pawnbroker (Police investigation required) Photographer (Resident) (Itinerant) Per day Piano tuner Per day Real estate broker or agency Real estate salesman (Not required if representing a city-licensed broker or agency) Sign painter or maker Stenographer (Public) Storage warehouse or mini-warehouse Studio, art or dance Taxicab (one vehicle) Each additional vehicle Taxidermy Telegraph service Telephone service Theater or auditorium Travel agency Upholstery Watchmaker Wrestling, judo or karate instruction Other service activity VENDING MACHINE (see Automatic vending machine) WHOLESALER Gasoline and oil (truck or R.R. car sales to retailers) Produce, general grocery Machinery, hardware, equipment parts All other wholesale businesses (Code 1972, 13-1) Sec Persons liable for payment of license tax. Page 6

7 The fact that any person is engaged in any profession, business or occupation for the transaction of which a license is required under this article, or otherwise engaged in such business, profession or occupation, shall be conclusive evidence of the liability of such person to pay a license tax under this article, regardless of whether any business has actually been transacted or not. (Code 1972, 13-2) Sec Revocation. The right to revoke any license issued under the provisions of this article, for cause, is reserved to the city, and such revocation shall be made by the city commission. The city manager, when he considers that proper cause exists, may suspend a license for up to sixty (60) days or until the city commission acts to review the suspension, or to revoke the license, whichever comes first. (Code 1972, 13-3) Sec Businesses subject to two or more licenses. Whenever in any instance two (2) or more licenses shall appear to be collectible from the same person, where the same are jointly conducted in the same place of business, then the highest taxable business shall be paid for; provided that separate licenses shall be required for sale of beer or alcoholic beverages and a separate license shall be required for each slot or vending machine operated. (Code 1972, 13-4) Sec When payable; term; prorating of tax; failure to pay tax. All city licenses shall be payable on the first day of October of each year and shall expire on the thirtieth day of September of the next succeeding year. It is hereby made the duty of the city treasurer and collector to make affidavit for the arrest of any person failing or refusing to pay the same. No license shall be issued for longer than one (1) year. No license shall be issued for any fractional portion of a year, except that any license not otherwise specifically provided in this article may be issued on or after the first day of April to expire on the thirtieth day of September, next succeeding, upon payment of one-half of the amount fixed as the price of such annual license. (Code 1972, 13-5) Sec Penalty for failure to obtain license; enforcement of payment of tax. Any person who shall be carrying on or conducting any business, profession, occupation or industry for which a license is required without first obtaining such license shall be punished as provided in section 1-7, in addition to fifty (50) percent of any license fee evaded or not paid after December 31 of the license year in which the same was due and payable as is herein provided for. The payment of all license taxes may be enforced by seizure and sale of the property by distress warrant in the same manner as provided for the collection of personal property taxes. (Code 1972, 13-6) Sec Conditions of license. A license issued in accordance with the provisions of this article is subject to the following conditions, for breach of any of which the license is subject to revocation, in addition to punishment of the offender as provided in section 10-31: (1) All activities must conform to zoning requirements in the location for which they are licensed; Page 7

8 (2) Nonprofit activity, in which at least seventy-five (75) percent of gross receipts goes to a recognized religious, charitable or civic activity, may be conducted at no charge; (3) A temporary profit-making activity, sponsored by a local religious or civic organization may be exempted from charge by commission resolution provided that at least seventy-five (75) percent of gross receipts go to that civic or religious organization; (4) All activity licenses shall take place at the specified location identified on the license. This shall not apply in cases where the nature of the activity precludes operating from a specific location. (Code 1972, 13-7) Sec Use of streets restricted. No peddler, solicitor, hawker, itinerant merchant or transient vendor shall have an exclusive right to any location in the public streets, nor shall they be permitted to operate in any congested area where their operations might impede or inconvenience the public. For the purpose of this section, the judgment of a police officer or code compliance officer of the city exercised in good faith shall be deemed conclusive as to whether an area is congested or the public is impeded or inconvenienced. (Code 1972, 13-8) Sec Doing business from vehicles. The practice of parking vehicles on the streets or in other public places by solicitors, peddlers, hawkers, itinerant merchants or transient vendors of merchandise and/or disposing of, and/or peddling or hawking the same, is declared to be a nuisance and punishable as such nuisance as a misdemeanor; this section comes within the municipal police power of the city and bears a reasonable relationship to public health, safety, morals, welfare and convenience. (Code 1972, 13-9) Sec Sale of junk prohibited. The maintenance or operation of a junkyard and the sale of junk is hereby declared to be a public nuisance and is forbidden within the city limits. The opinion of the code enforcement officer or chief of police, made in good faith, shall be considered a valid identification of "junk" for the purposes of this chapter. (Code 1972, 13-10) Secs Reserved. Page 8