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The issuance of a license pursuant to the provisions of this chapter evidences compliance with the requirements of this chapter that a licensee obtain a license and pay a tax and all applicable fees and shall not authorize the licensee to engage in any activity which for any reason is in violation of any federal, state or local law. Any business license issued with respect to any such business shall be void.
(Ord. 2082-C-S, passed 3-25-14)
A licensee must report the loss of any license, whether in the form of a sticker, tag, card, paper, or otherwise. The Tax Administrator or his or her designee shall issue the licensee a duplicate license upon the payment of a prescribed fee which shall be established by resolution of the City Council from time to time.
(Ord. 2082-C-S, passed 3-25-14)
(A) Posting. Every person required to have a license pursuant to this chapter engaged in business at a fixed place shall conspicuously post such license at that place at all times business is conducted there.
(B) Carrying. Every person required to have such a license and not having a fixed place of business shall carry such license at all times while conducting the business activity for which the license was granted.
(C) Presentation on demand. Every person having a license shall produce and exhibit the license when applying for a renewal thereof and whenever requested to do so by any police officer, the Tax Administrator or his or her designee or by any other person authorized to issue or inspect licenses or collect business license taxes, or authorized to enforce the provisions of this chapter or of this Code.
(Ord. 2082-C-S, passed 3-25-14)
(A) Every application for a business license submitted under this chapter shall include an application fee in an amount established by resolution of the City Council from time to time, be signed by the applicant and contain information prescribed by the Tax Administrator or his or her designee. The determination of whether the application is complete shall be made in the manner prescribed by the Tax Administrator or his or her designee.
(B) Such application shall contain the name, location, and ownership of the business and the actual total gross receipts thereof for the 12 months immediately preceding month in which the application is submitted, or a fair and reasonable estimate of total gross receipts for the first 12 months of operation if operated less than 12 months prior to the date upon which the application is submitted.
(C) An applicant shall furnish all other information pertinent to the provisions of this chapter or other city laws applicable to the operation of such business in the manner the Tax Administrator or his or her designee shall prescribe. Where the substantive regulations of particular business activities under this Code or applicable law require, the Tax Administrator or his or her designee may require fingerprints and photo identification of every person authorized to conduct business under the license.
(Ord. 2082-C-S, passed 3-25-14)
(A) Business license applications shall be subject to the approval of the Tax Administrator or his or her designee. Any person aggrieved by a decision of the Tax Administrator or his or her designee may request a review of that decision by the City Manager by a writing submitted to the City Clerk within seven calendar days of the decision of which review is sought.
(B) Before issuing any business license pursuant to this chapter, the Tax Administrator or his or her designee must confirm the applicant has agreed to abide by all the conditions and restrictions imposed under this Code.
(C) Each license issued under this chapter shall state the period of its validity, the name of the licensee, the business licensed, and the location or place where the business is to be conducted.
(Ord. 2082-C-S, passed 3-25-14)
(A) Generally. Upon receipt of a complete application, the Tax Administrator or his or her designee shall investigate facts in consultation with appropriate city and county agencies. This investigation shall ensure that the action on each business license application is consistent with the intent and purpose of this chapter and the activity to be licensed is in compliance with zoning and other applicable laws.
(B) First Amendment activities. In the case of businesses involving First Amendment activities, this investigation shall be completed within ten days and the Tax Administrator's or his or her designee decision approving or denying the business license shall be made within that ten-day period.
(Ord. 2082-C-S, passed 3-25-14)
(A) Business activities involving free speech. The Tax Administrator or his or her designee shall approve an application for business activities involving free speech unless he or she makes any of the following findings on the basis of substantial evidence in the record of the decision:
(1) The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building and safety laws of the state or of the city;
(2) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for the business license or in any report or statement required to be filed with the Tax Administrator; or his or her designee;
(3) The business is prohibited by applicable law, including but not limited to zoning requirements applicable to the propose site of the business;
(4) The applicant has failed to pay any sum required by this Code or other applicable law with respect to the activity to be licensed;
(B) Business activities not involving free speech. The Tax Administrator or his or her designee shall not approve an application for a business license for business activities not involving free speech if he or she makes any of the following findings:
(1) The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building and safety laws of the state or of the city.
(2) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for the business license or in any report or statement required to be filed with the Tax Administrator, or his or her designee.
(3) The business is prohibited by regulation applicable law, including but not limited to zoning requirements applicable to the propose site of the business.
(4) The applicant is found to have committed a crime involving moral turpitude which is substantially related to the business activity for which the license is sought.
(5) The applicant, his or her agent or employee, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager, has committed, assisted in, or incited the commission of any act, or act of omission, which would be grounds for adverse action under this chapter if committed by a licensee.
(6) The establishment of the business will be detrimental to the public health, safety or welfare.
(7) The applicant has failed to pay any sum required by this Code or other applicable law with respect to the activity to be licensed.
(Ord. 2082-C-S, passed 3-25-14)
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