(A) No vendor shall engage in the business of providing lodging within the city limits of Elephant Butte who has not first obtained a license as provided in this section. The failure of a person to obtain a license may be investigated and enforced by the Code Enforcement Officer pursuant to the provisions of Chapter 155: Zoning.
(B) Applicants for vendor's license shall submit an application to the City Clerk-Treasurer pursuant to the provisions of Ch. 110: Business Registration and License, together with the following additional information:
(1) The name of the vendor including identification of any person, as defined in this chapter, 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, the physical location, and post office address thereof, and the Tax Identification Number issued by the New Mexico Department of Taxation and Revenue for the business;
(2) A description of the facilities, including the number of rooms, cabins, or spaces and usual schedule of rates therefor, with revised figures, as applicable, submitted for these items upon submission of the vendor’s annual business registration renewal;
(3) Any claim of exemption; and
(4) Other information reasonably necessary to effect a determination of eligibility for the license.
(C) The City Clerk-Treasurer shall review the application and approve or disapprove it as provided in Chapter 110 and shall provide written notice to the applicant.
(D) A decision of the Clerk may be appealed to the governing body by filing a Notice of Appeal with the City Clerk-Treasurer within 15 days of the date of the notice of denial, provided, that any such appeal shall be subject to the provisions for appealing denial of a zoning permit or other land-use permit as applicable. The governing body shall conduct a quasi-judicial hearing on the appeal and issue a written decision. The action of the governing body shall be final.
(E) An applicant who is dissatisfied with the decision of the City Clerk-Treasurer may appeal the decision to the City Council by written notice to the City Clerk-Treasurer of such an appeal within 15 days of the date of the decision of the City Clerk-Treasurer on the application. The matter shall be referred to the City Council for a public hearing at a regular or special meeting in the usual course of business. The decision of the City Council made thereof shall be expressed in writing and be communicated to the applicant in the same manner as the decision of the City Clerk-Treasurer was transmitted. The action of the City Council shall be final.
(Ord. 7, passed 8-5-1998; Am. Ord. 37, passed 11-17-1999; Am. Ord. 151, passed 5-6-2015)