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ADMINISTRATION
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
(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)
(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)
(A) The renewal charge for annual licenses provided herein shall become due and payable between January 1 and January 31 of each calendar year and each year thereafter, except that any new license charge shall become due and payable and be paid on or before the day of commencing to carry on, transact or practice the trade, calling, profession, occupation or business for which a license is required by this subchapter.
(B) The charge for daily licenses required by this subchapter shall become due and payable and be paid before each day for which required.
(Ord. O-2004-16, passed 4-5-04)
(A) A separate charge for a license shall be paid for each branch establishment or separate place of business in which any person, corporation or partnership shall carry on, transact or practice a trade, calling, profession, occupation or business.
(B) When more than one trade, calling, profession, occupation or business is carried on, transacted or practiced by the same person, corporation or partnership at one fixed place of business, only one license shall be required and the charge for such license shall be the highest charge applicable to any of the activities, and all activities shall be listed on the license issued.
(C) When more than one trade, calling, profession, occupation or business shall be carried on, transacted or practiced by the same person, corporation or partnership without any fixed place of business, a separate license shall be required and a separate appropriate charge be paid for each activity for which a license is required by this subchapter.
(Ord. O-2004-16, passed 4-5-04)
(A) Each person, corporation or partnership having a license and having a fixed place of business shall keep the license, while in force, at some conspicuous place or location within the place of business.
(B) Each person, corporation or partnership having a license and having no fixed place of business shall carry such license with them at all times, while engaged in any activity for which the license was issued, except that a person acting for any such corporation, firm or company may carry with them a copy of the license which has been issued by the Clerk and plainly marked or stamped "Duplicate."
(C) Each person, corporation or partnership having a license shall produce and exhibit the license whenever requested to do so by any designated officer of the town or by the Clerk.
(Ord. O-2004-16, passed 4-5-04)
(A) The Clerk shall be inspector of licenses and may appoint, with approval of the Manager, such assistant inspectors as may be required to enforce these regulations.
(B) Each assistant inspector of licenses, immediately upon the facts coming to his or her knowledge, shall report to the Clerk the name of any person, corporation or partnership carrying on, transacting or practicing any trade, calling, profession or business within the town without first having obtained a license as required by this subchapter.
(Ord. O-2004-16, passed 4-5-04)
(A) The inspector of licenses and assistant inspectors, each in the discharge and performance of his or her duties, shall have and exercise the following powers:
(1) To file a complaint for any violation of the provisions of this subchapter with the Town Magistrate.
(2) To enter, free of charge and at any reasonable time, any place of business for which a license is required by this subchapter and to demand exhibition of the license for the current period of time from any person, corporation or partnership engaged in carrying on, transacting or practicing any trade, calling, profession, occupation or business at such place of business and, if such person, corporation or partnership shall fail then and there to exhibit such license, such person, corporation or partnership shall be liable for the penalties provided for violation of this subchapter.
(B) When the charge for any license required hereunder shall remain unpaid for ten days from and after the due date, the charge shall be delinquent and the Clerk, on the day upon which the charge becomes delinquent, shall add thereto an amount equal to 25% of the charge as a penalty and no receipt or license shall be issued thereafter by the Clerk until the charge and penalty shall be paid in full.
(Ord. O-2004-16, passed 4-5-04)
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