(b) Bond for . Before a new license will issue or upon the renewal of an existing license after the effective date of this amendment to city code, every applicant must submit a $10,000 bond on the forms provided by the . The bond must be maintained for at least 180 days after the conclusion of the temporary sales event. The bond shall be for the benefit of the city or any suffering damage through the actions of the in violation of this code or other applicable laws. The bond by its terms shall not be terminable without 180 day advance notice to the city and must be conditioned upon the applicant’s observation of all laws relating to the regulated business and the applicant’s ability to conduct business in conformity therewith, specifically including the duty to provide the City Police Department with true and correct copies of all records mandated by this Division V of the code within 48 hours of the event’s conclusion. The bond must also ensure that the applicant will pay to the city, when due, all taxes, license fees, penalties and other charges provided by law. Additionally, in the event of a violation of any law relating to the business for which the license has been granted, the bond shall be forfeited to the city and distributed first for the payment of all of the city’s costs relative to the law violation, taxes, fees and penalties, those funds remaining shall be held for a period of one year for the purpose of victim compensation on a pro rata basis, all funds remaining after victim compensation shall be directed to the city’s General Fund.
(c) Investigation fee for . An applicant for a license under this Division V shall deposit with the at the time an original application is submitted $500 to cover the costs involved in verifying the license application and to cover the expense of any investigation needed to assure compliance with this Division V. If the investigation is conducted outside the state, the may recover the actual costs of investigation not to exceed $1,500. Investigations shall be valid for a period of three years. At any time that an additional investigation is necessary because of a change of the managing partner, store or general manager, proprietor or other in charge of the or its corporate structure, the shall pay an additional nonrefundable investigation fee of $100.
(d) Transaction fee. In addition to the application fee, a transaction fee, based upon the actual number of transactions conducted by the for which a report to police is required shall be billed to the and is due and payable within 25 days after the billed date. The transaction fee shall reflect the cost of processing reportable transactions, and other regulatory expenses related to processing reportable transactions information, including the cost of participating in the automated record keeping system. The amount of the transaction fee shall be as detailed in § 14.03 of this code and is dependent on the accuracy of the report and the type of medium (modem or other approved electronic method or manual) by which the daily reports are submitted to the City Police Department pursuant to this Division V.
(e) Late transaction fees. A failing to make a transaction fee payment within 25 days after the billed date shall be required to pay a penalty of 5% of the amount remaining unpaid. The amount of the transaction fee not timely paid, together with the penalty shall bear interest at the rate of 12% per annum, from the time the transaction fee should have been paid until it is paid. Any interest and penalty shall be added to the transaction fee and be collected as part thereof. If payment of the amount due plus the 5% penalty is not paid within 30 days after the due date, an additional 10% penalty shall be imposed upon the amount due and the 5% penalty. If the delinquency continues beyond 60 days, a license revocation notice may be sent and a revocation hearing may be commenced. The City Manager shall have the power to abate penalties when their enforcement would be unjust or inequitable.
(Ord. 92-12, passed 3-2-1992; recodified by Ord. 95-13, passed 8-7-1995; amended by Ord. 2007-18, passed 5-7-2007; Ord. 2011-2, passed 1-24-2011)