None of the license fees provided for within this title shall be applied as to occasion an undue burden on interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, such person may apply to the city council for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at or within six (6) months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show the method of applicant's business, the gross volume or estimated gross volume of business, and such other information as the council may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The council may designate a person to conduct an investigation, comparing applicant's business with other businesses of like nature. The council's designee shall make findings of facts; shall determine whether the fee fixed by this chapter is discriminatory, unreasonable or unfair as to applicant's business; and shall recommend to the council a license fee for the applicant in an amount that is nondiscriminatory, reasonable and fair. If the council is satisfied that such license fee is the amount that the applicant should pay, the license fee shall be fixed in such amount. If the regular license fee has already been paid, the council shall order a refund of the amount over and above the fee fixed by the council. In fixing the fee to be charged, the council shall have the power to base the fee upon a percentage of gross sales, and the number of employees, or may use any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature. (Ord. 590, 2-15-2005)