(a) The license fees which shall be charged for such license shall be as provided in Section 701.07, the General Fee Schedule.
(b) None of the license fees provided for in the General Fee Schedule shall be so applied as to occasion an undue burden upon 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, he may apply to the Zoning Board of Appeals 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 months after payment of the prescribed license fee. The applicant shall, upon proper application and by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the Zoning Board of Appeals may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The Zoning Board of Appeals shall then conduct, a hearing, and shall make findings of fact from which they shall determine whether the fee fixed by this chapter is unfair, unreasonable or discriminatory as to applicant's business and shall fix as the license fee for the applicant, an amount that is fair, reasonable and nondiscriminatory, or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the Zoning Board of Appeals shall have the power to base the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by subsection (a) hereof. Should the Zoning Board of Appeals determine the gross sales measure of the fee to be the fair basis, they may require the applicant to submit, either at the time of termination of applicant's business in the City or at the end of each three-month period, a sworn statement of the gross sales and pay the amount of fee therefor, provided that no additional fee during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license as prescribed in subsection(a) hereof.
(Ord. 78-2021. Passed 10-12-21.)