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(A) No present or former employee of the city shall intentionally and without authorization inspect or divulge any information acquired by him or her of the affairs of any person, or information regarding the tax scheduled, returns, or reports required to be field with the city or other proper officer, or any information produced by a hearing or investigation, insofar as the information may have to do with the affairs of the person’s business. This prohibition does not extend to information required in prosecutions for making false reports or returns for taxation, or any other infraction of the tax law, or in any way made a matter for public record, nor does it preclude furnishing any taxpayer or the taxpayer’s properly authorized agent with information respecting his or her own return. Further, this prohibition does not preclude any employee of the city form testifying in any court or by deposition, or from introducing as evidence returns or reports filed with the city, in an action for violation of a tax or fee law of the city or other tax district or in any action challenging the city’s tax or fee laws or in any action in which the income of the business entity is a relevant issue at trial.
(B) The city reserves the right to disclose to the Commissioner of Revenue of the Commonwealth of Kentucky or his or her duly authorized agent all such information and rights to inspect any of the books and records of the city if the Commissioner of Revenue of the Commonwealth of Kentucky grants to the city the reciprocal right to obtain information from the files and records of the Kentucky Department of Revenue and maintains the privileged character of the information so furnished. Furthermore, that the city may publish statistics based on such information in such a manner as not to reveal data respecting gross receipts or compensation of any person or business entity.
(C) In addition, the city is empowered to execute similar reciprocity agreements as described in division (B) above with any other taxing entity should there be a need for exchange of information to effect diligent enforcement of this section or the ordinances of the other taxing entity.
(Ord. 2007-12-01, passed 12-19-07)
All money derived from the occupational license fees under the provisions of this chapter shall be paid to the City Clerk-Treasurer, placed to the credit of the General Fund of the city, and be used and expended in defraying the current, general, and incidental expenses of the city.
(Ord. 2007-12-01, passed 12-19-07)
(A) A business entity subject to the fee on gross receipts may be subject to a penalty equal to 5% of the fee due for each calendar month or fraction thereof if the business entity:
(1) Fails to file any return or report on or before the due date prescribed for filing or as extended by the city; or
(2) Fails to pay the fee computed on the return or report on or before the due date prescribed for payment.
(3) The total penalty levied pursuant to this division shall not exceed 25% of the total fee due; however, the penalty shall not be less than $25.
(B) Every employer who fails to file a return or pay the fee on or before the time prescribed under § 110.10 may be subject to a penalty in an amount equal to 5% of the fee due each calendar month or fraction thereof. The total penalty levied pursuant to this division shall not exceed 25% of the total fee due; however, the penalty shall not be less than $25.
(C) In addition to the penalties prescribed in this section, any business entity or employer shall pay, as part of the fee, an amount equal to 12% per annum simple interest on the fee shown due, but not previously paid, from the time the fee was due until the fee is paid to the city. A fraction of a month shall be counted as an entire month.
(D) Every fee imposed by this chapter, and all increases, interest and penalties thereon, shall become, from the time the fee is due and payable, a personal debt of the taxpayer to the city.
(E) The city may enforce the collection of the occupational fee due under § 110.06 and any fees, penalties and interest as provided in divisions (A) through (D) above by civil action in a court of appropriate jurisdiction. To the extent authorized by law, the city shall be entitled to recover all court costs and reasonable attorney fees incurred enforcing any provision of this chapter.
(F) In addition to the penalties prescribed in this section, any business entity or employer who willfully fails to make a return or willfully makes a false return, or who willfully fails to pay fees owing or collected, with the intent to evade payment of the fee or amount collected, or any part thereof, shall be guilty of a Class A misdemeanor.
(G) Any person who willfully aids or assists in, or procures, counsels or advises the preparation or presentation under, or in connection with, any matter arising under this chapter of a return, affidavit, claim or other document, which is fraudulent or is false as to any material matter, whether or not the falsity or fraud is with the knowledge or consent of the person authorized or required to present the return, affidavit, claim or document, shall be guilty of a Class A misdemeanor.
(H) A return for the purpose of this section shall mean and include any return, declaration, or form prescribed by the city and required to be filed with the city by the provisions of this chapter or by the rules of the city or by written request for information to the business entity by the city.
(Ord. 2007-12-01, passed 12-19-07)
(A) Any person or business entity engaged in any franchise, trade, occupation profession or other business in the city shall file an Occupational/Business Regulatory License Application with the city Clerk-Treasurer and must first obtain an annual license before commencing or continuing business in the city.
(B) This section shall be administered by the City Clerk/Treasurer, under the direction of the Mayor. The City Clerk/Treasurer with the approval of the Mayor shall have authority to issue and promulgate such regulations as he or she may consider necessary for the administration of this chapter, provided such regulations are not inconsistent with the provisions of this chapter; and provided further that such regulations when promulgated are approved by the City Council. No license shall be issued for any unlawful activity, or for any business that the City Clerk/Treasurer with the approval of the Mayor, shall consider to be detrimental to the public welfare, or contrary to the public interest, but any such decision to refuse to issue a license may be appealed to the City Council.
(C) If any business entity, person, association, firm or corporation should fail to comply this chapter, the City Clerk/Treasurer shall report in writing the names, address and nature of the trade, profession, occupation or business being carried on by such delinquents to the Mayor.
(D) Provided that an applicant is not in violation of any city ordinance and not otherwise operating in violation of any law, a license certificate shall be issued to each person or business entity filing a business license application and paying all fees and occupational license fees due under this or any other city ordinance. Such certificate shall show the year for which issued, the name of the person to whom issued and the address or location of the place of business being licensed. A license may be transferred from one person to another if the kind of business is not materially changed and may be transferred to cover another location if a taxpayer moves his or her place of business. Each taxpayer shall display the license certificate in a conspicuous place in each licensed place of business. The licenses issued under the provisions of this chapter shall be for the same license year provided for under § 110.10.
(Ord. 2007-12-01, passed 12-19-07)
(A) Any occupational license or other business license issued under this chapter, or any other authority of the city, may after notice to the holder thereof, and after a hearing before City Council as hereinafter provided, be revoked or suspended by the City Council for the following reasons:
(1) If any person licensed under this chapter is convicted of a felony, a misdemeanor for which a jail sentence may be imposed, any other crime in which moral turpitude is involved, or any other crime which directly relates to the business, occupation or profession of which a license was issued pursuant to the terms of this chapter. However, in making the decision to revoke or suspend the license, the City Council shall consider:
(a) The nature or seriousness of the crime for which the person was convicted;
(b) The relationship of the crime to the purpose of regulating the business, occupation or profession for which the license was issued;
(c) The relationship of the crime to the ability, capacity and fitness required to perform the duties and to discharge the responsibilities of the operation of the business, occupation or profession for which the license was issued; and
(d) The extent to which the person may have been successfully rehabilitated.
(2) If there shall occur in, on or at the premises covered by the license any constitution which is a nuisance or obnoxious to the morals and general welfare of the public; or
(3) If any person is disorderly in, on or at the premises covered by the license and disturbs the good order of the community or the license holder suffers or permits any disorderly conduct in, on, or at the licensed premises; or
(4) If the holder of the license shall misrepresent any material facts as to the kind of business in his or her application or return or other fact necessary or proper to determine the regulatory fee to be paid.
(5) If the holder of the license shall refuse right of entry to the Building Inspector or other city officer or employee requiring entry for the purpose of conducting inspection as specified or permitted by ordinance; or
(6) If there shall occur in, on or at the premises covered by the license any violation of any city or state code or ordinance or if the license holder suffers or permits any violation of any city or state code or ordinance in, on or at the licensed premises.
(B) When the Mayor or City Administrative Officer has probable cause to believe that a license should be revoked for any of the causes enumerated herein, he or she shall prefer charges against the holder of the license with the City Clerk-Treasurer. The charges shall be in writing and each charge shall be clearly set out. Within three days after the filing of the charges and of the time of the hearing thereof shall be mailed to the licensee at the address shown on the license and a hearing before the City Council shall be held within ten days after the filing of the charges with the Council. The evidence shall be transcribed and the action and decision of the Council on the charges shall be reduced to writing and recorded in the minute book.
(Ord. 2007-12-01, passed 12-19-07)
No license shall be issued for the conduct of any business, and no permit shall be issued for any thing, or act, if the premises and building to be used for the purpose do not fully comply with all applicable state statutes and ordinances of the city. No license or permit shall be issued for the conduct of any business or performance of any act which would involve a violation of the zoning ordinance of the city or otherwise constitute a nuisance.
(Ord. 2007-12-01, passed 12-19-07)
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