(A) Violation a misdemeanor.
(1) Every person engaging in business without first obtaining a city business license as provided in this chapter shall be guilty of a misdemeanor.
(2) Jurisdiction for such violations shall be in the City Court and every day business that is conducted without a license shall constitute a separate offense.
(B) Enforcement.
(1) This chapter may be enforced by misdemeanor citation to City Court, and appropriate legal or administrative action brought to prevent the conduct of business; to restrain, correct or abate the violation of this chapter; to prevent the occupancy of a building, structure or land on which the business is located; or to withhold the issuance of permits or inspections as appropriate.
(2) In addition, the business license fee may be collected by suit in City or District Court.
(3) The municipality may institute any appropriate action or proceeding as provided for any time up to four years after the violation.
(C) Powers and duties.
(1) The city reserves the right to examine or cause to be examined all places of business in the city to ascertain whether all the provisions of this section have been complied with.
(2) The City Code Enforcement Officer, any police officer, or any hired or contracted city representative shall have the authority to ensure the applicable business license is posted in a conspicuous location, providing any special circumstances.
(3) Willfully failing to post a valid business license is a misdemeanor, subject to the penalties provided in this chapter.
(D) Penalty fees. There shall be imposed upon each delinquent business, a fee in the amount of 150% of the business license fee schedule up to and including any late fees. In the event a business does not pay the registration fee before it commences business, or the annual renewal fee is not paid prior to the first business day of July, a penalty fee will be assessed within 15 days.
(E) Suspension and revocation of licenses.
(1) Suspension.
(a) Whenever in the judgment of the city, the licensee under this chapter is conducting the licensed business in a manner which violates any ordinances or regulations of the city, or in any manner detrimental to the public health, morals or welfare, the city may suspend such license by notice to that effect personally served upon the licensee, or left at the place of business with the person in charge.
(b) Such license shall stand suspended until review and decision of the City Council.
(2) Revocation. Any license containing misleading information shall be automatically revoked.
(3) Review by City Council.
(a) At the next regular meeting of the City Council, or at any special meeting called for that purpose, such suspension/revocation shall be reported to the City Council.
(b) The City Council shall then have the power and authority to remove such suspension/revocation, continue the suspension/ revocation for any period not to exceed 60 days, or permanently revoke such license by order entered upon the minutes of the proceedings of the Council, a copy of which order shall be served upon the licensee, or left at the place of business with any person in charge there.
(F) Operating without a business license. Any licensee who fails to renew their business license or any person who fails to apply for a business license on or before the date provided in this chapter, shall be deemed to be operating without a business license and subject to all penalties imposed under this chapter. The non-license status may be removed by payment of an annual business license fee and late fee as set by the City Council in the business license fee schedule.
(G) Delinquent business license fees. A business license shall be not be issued, reinstated or reissued to any person, who at the time of applying, is indebted to the city for any delinquent business license fees, unless such person, with the consent of the City Finance Committee, enters into a written agreement with the city to pay such delinquent fees.
(1) Such agreement shall then be approved by the City Council.
(2) Such payment shall be in monthly installments, not to exceed three months, and shall include the cost of the business license plus any fine(s) and a 10% fee upon the unpaid balance.
(3) The written agreement shall affirm the obligation owed the city and provided that, in the event of failure to make timely payments, the whole amount unpaid shall become immediately due and payable and that the current license shall be revocable by the city upon seven days’ notice. In the event legal action is brought by the city to enforce collection of any amount included in the agreement, such person shall pay all costs of suit incurred by the city or its assignee, including reasonable attorney fees.
(4) The execution of such an agreement shall not prevent the prior accrual of penalties on unpaid balances at the rate provided by this chapter, but no penalties shall accrue on account of fees included in the agreement, after the execution of the agreement, and the payment of the first installment and during such time as such person shall not be in breach of the agreement.
(H) Debt to the city.
(1) The amount of any license fee and penalty imposed by the provisions of this chapter shall be deemed a debt to the city.
(2) An action may be commenced in the name of the city in any court of competent jurisdiction, for the amount of any delinquent license fee and penalties.
(Prior Code, § 5.02.070) (Ord. 128, passed 9-8-2009)