ADMINISTRATION

§ 111.40 ADMINISTRATOR DESIGNATED.

   If the town has entered into a contract for police protection as provided in §§ 32.01 et seq., the Town Clerk or the Town Marshal shall perform the duties assigned to the Police Chief in this chapter.

(`87 Code, § 8-1-9)

BUSINESS LICENSES

§ 111.50 BUSINESS LICENSE REQUIRED.

   (A)   Purpose. The purpose of the business license is to provide an additional protection to the citizens and visitors of the town from fraud and misrepresentation; to ensure that sales tax revenues are reported equitably; and to provide a database of the commercial activities within the community.

   (B)   Requirements. The Town of Cave Creek requires that every person, firm, corporation, partnership or other business organization occupying real property within the town for business purposes shall obtain a business license. In addition, similar businesses which are engaged in business activities within the town but have no fixed place of business in the town shall also be required to obtain a business license.

   (C)   Types of business licenses.

      (1)   Business license. A business license shall be required of any person, corporation or partnership based within the town limits carrying on any trade, calling, profession, occupation or business. In addition, contractors (as defined in § 111.02) conducting business within the town limits shall also be required to obtain a business license. A business license shall be valid for a period not to exceed one year.

      (2)   Temporary business license. A temporary business license shall be required of any person operating as a solicitor, peddler, or transient merchant (as defined in § 111.02) within the town. A temporary business license shall be valid for a period not to exceed three consecutive days.

   (D)   Violations.

      (1)   It is unlawful for any person, whether as principal or agent, either for himself or herself or for another person, or for any corporation, or as a member of any firm or co-partnership, to commence practice, transact or carry on any trade, calling, profession, occupation or business within the town limits without first having procured a business license from the town.

      (2)   The practicing or carrying on of any trade, calling, profession, occupation or business by any person, corporation or partnership without first having procured a license from the town to do so, or without complying with any and all regulations of such trade, calling, profession, occupation or business, as required by other law or by this subchapter shall constitute a separate violation of this subchapter for each and every day that such trade, calling, profession, occupation or business is practiced, carried on or conducted within the town.

   (E)   Exceptions. The only exceptions to the licensing requirements of this section shall be:

      (1)   Non-profit educational institutions, fraternal and service clubs, bona fide religious organizations, and agencies of any federal, state or local governments.

      (2)   Non-profit private clubs where a basic membership fee covers the cost of the use of facilities.

      (3)   Fund-raising projects of non-profit and bona fide religious organizations, not conducted on a regular basis.

(Ord. O-2004-16, passed 4-5-04)

§ 111.51 APPLICATION; ISSUANCE.

   (A)   It shall be the duty of the Clerk upon receipt of a properly completed application for a business license and verification of the data contained thereon, to prepare and issue a license under this subchapter for every person, corporation or partnership required to pay a license fee hereunder and to state in each license the amount charged for the same, the period of time covered thereby, the name or the person, corporation or partnership for whom issued and the trade, calling, profession, occupation or business licenses and the location or place of business where the trade, calling, profession, occupation or business is to be carried on, transacted or practiced.

   (B)   In no case shall any mistake made by the Clerk in issuing any license or collecting the amount of fee for any license or the amount actually due from any person required to pay for a license as provided herein, prevent, prejudice or stop the town from collecting the correct amount of fee or charge for any license or the amount actually due from any person required to pay for a license as provided herein, or revoking any license erroneously issued and refunding the fee collected.

   (C)   No greater or lesser amount of money shall be charged or received by the Clerk for any license than is provided for in this subchapter, and no license shall be issued for any period of time other than as provided herein.

   (D)   All charges for a license required by this subchapter shall be paid in advance and in lawful money of the United States of America at the office of the Clerk.

(Ord. O-2004-16, passed 4-5-04)