(A) No vendor shall engage in the business of providing lodging in the Town of Clayton, New Mexico, who has not first obtained a license as provided in this section.
(B) Applicants for a vendor’s license shall submit an application to the Town Clerk- Treasurer stating:
(1) The name of the vendor including identification of any person, as defined in this subchapter, who owns or operates or both owns and operates a place of lodgings, and the name or trade names under which the vendor proposes to do business and the post office address thereof;
(2) A description of the facilities, including the number of rooms and the usual schedule of rates thereof;
(3) A description of other facilities provided by vendor or others to users of the lodgings, such as restaurant, bar, cleaning laundry, courtesy car, stenographic tailor or others, and a statement identifying the license issued, to whom issued, the authority issuing and the period for which issued. If applicable, also the identification number provided by the Bureau of Revenue of the State of New Mexico;
(4) The nature of the business practices of the vendor and to what extent, if any, this business is exempt from the Lodger’s Tax Act being NMSA §§ 3-38-13 through 3-38-24; and
(5) Other information reasonably necessary to effect a determination of eligibility for the license.
(C) The Town Clerk-Treasurer shall review applications for license within 10 days of receipt thereof, and grant the license in due course if the applicant is doing business subject to the Lodger’s Tax Act being NMSA §§ 3-38-13 through 3-38-24.
(D) If the Town Clerk-Treasurer finds the applicant not exempt under the terms of the Lodger’s Tax Ordinance, the Town Clerk-Treasurer shall, not more than 10 days after receipt of the application, advise the applicant of the decision and give the reasons therefor.
(E) An applicant who is dissatisfied with the decision of the Town Clerk-Treasurer may appeal the decision to the town governing body by written notice to the Town Clerk-Treasurer of the appeal to be made within 15 days of the date of the decision of the Town Clerk-Treasurer on the application. The matter shall be referred to the governing body for hearing at a regular or special meeting in the usual course of business. The decision of the governing body made thereof shall be expressed in writing and be communicated in the same manner as the decision of the Town Clerk- Treasurer is transmitted. The action of the governing body shall be deemed final.
(F) If the governing body finds for the applicant, the Town Clerk-Treasurer shall issue the appropriate license or other notice conforming to the decision made by the governing body.
(Ord. 622, passed 1-15-2002) Penalty, see § 35.999