The provisions of this chapter shall govern all businesses within the municipal limits of the town, and shall regulate all business licenses required and granted by the town, excluding licenses for the sale of alcoholic beverages.
(A) Purpose. The purpose of this chapter is to regulate business activities, promote the safety, health and prosperity of the community, and protect the comfort and convenience of its citizens.
(B) Compliance required. It shall be unlawful for any person, either directly or indirectly, to conduct any business or non-profit enterprise, or to use in connection therewith, any vehicle, premises, machine or device in whole or in part for which a license is required by any law or ordinance of this town without a license first being procured and kept in effect at all such times as required by law. Failure to comply with these regulations shall be a Class B misdemeanor.
(C) One act constitutes doing business. For the purpose of this chapter, any person shall be deemed to be in business or engaging in non-profit business and thus subject to the requirements of this chapter when any of the following are done:
(1) Selling any goods or service;
(2) Soliciting business or offering goods or services for sale or hire; or
(3) Acquiring or using any vehicle or any premises in the town for business purposes.
(D) Responsibility for obtaining a license. It shall be the responsibility of the person engaging in business within the town to voluntarily apply and maintain in full force and effect a valid license. The agents or other representatives of non-residents who are doing business in the town shall be personally responsible for compliance by their principals and the businesses they represent with the terms of this chapter.
(E) Separate license for branch establishments. A license shall be obtained in the manner prescribed herein for each branch establishment or location of the business engaged in, as if each branch establishment or location were a separate business, provided that warehouses used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments.
(F) Joint license. A person engaged in two or more businesses at the same location may be required to obtain separate licenses for conducting each of such businesses, but in the discretion of the town when such businesses are complementary, a single license may be issued which shall specify on its face all such businesses operated at that location. A fee for each separate business activity specified on the face of such license shall be required. However, such joint license shall not include a license for beer sales.
(G) No license required. No license shall be required under this chapter for any business operating under the following conditions:
(1) Business is solely resale. No license shall be required for any solicitor or salesperson who solicits, obtains orders for or sells goods in the town solely for resale and maintains no premises in the town in connection therewith;
(2) Business is solely agricultural production. No license shall be required for any person in the business of producing crops or raising of livestock either for use or sale;
(3) Business is of an incidental nature. No license shall be required for any person who provides a service on a limited basis, does not have a regular place of business, does not meet the requirements of a “home occupation” as defined in this chapter, does not earn more than $1,000 per year from such activity and is determined by the Town Council to qualify under this section. This exclusion is intended to apply to, but is not limited to, activities such as limited local services provided by minors in an effort to generate limited supporting income;
(4) Business is non-profit. No license shall be required for any person engaged in business solely for religious, charitable, eleemosynary or any other types of strictly non-profit purpose which is tax exempt in such activities under the laws of the United States and the state;
(5) Business is exempt from municipal taxation. No license shall be required on any person engaged in a business specifically exempted from municipal taxation and fees by the laws of the United States or the state; or
(6) Business licensed by reciprocating authority. No license shall be required on any person who does not maintain a place of business within the town and has paid a similar fee to another municipality or county within the state; provided, such authority exempts from its fees, businesses domiciled in the town doing business within such authority.
(H) Class of license. All licenses issued under this chapter shall be of the following classes:
(1) Class I (general business license). This class shall include all businesses that do not meet the requirements of a “home occupation” as defined in this chapter;
(2) Class II (home occupation license). This class shall include all businesses that meet the requirements of a “home occupation” as defined in this chapter; and
(3) Class III license for temporary businesses. The class includes all types of businesses expected to do business in the town for a time period equal to or less than a “temporary use” as defined in the town zoning ordinance.
(I) Term of license. All licenses, except temporary business licenses, shall be effective from the date of issue through the end of the current calendar year and shall expire on January 1 of the succeeding year, unless the application for license specifically requests a shorter term. Licenses issued for a temporary business shall be effective from the date of issuance and will extend for the period of time the business is doing business within the town but not to exceed the time period for a temporary use as defined in the town zoning ordinance.
(Ord. 28C, passed 3-6-2002; Ord. passed 8-6-2003)