TITLE 3
BUSINESS AND LICENSE REGULATIONS
BUSINESS AND LICENSE REGULATIONS
CHAPTER 1
GENERAL LICENSE PROVISIONS
GENERAL LICENSE PROVISIONS
SECTION:
3-1-1: Definitions
3-1-2: License Assessor And Collector
3-1-3: Business License Required; Penalty
3-1-4: Application For License
3-1-5: Fee For License
3-1-6: Payment Dates
3-1-7: Certificate Of License
3-1-8: Transfer Of License Prohibited
3-1-9: Branch Establishments
3-1-10: Joint Business Licenses
3-1-11: Reciprocal Recognition; Delivery Of Goods
3-1-12: Exemptions To License
3-1-13: Revocation Or Denial Of License
As used in this title:
BUSINESS: Includes all activities engaged in within the town carried on for the purpose of gain or economic profit, except that the acts of employees rendering service to employers shall not be included in the term "business", unless otherwise specifically provided.
EACH SEPARATE PLACE OF BUSINESS: Each separate establishment or place of operation, whether or not operating under the same name, within the town, including a home or other place of lodging if the same is held out by advertisements, listings or otherwise as the establishment or place of operation of a person engaging in the business of selling tangible, personal property at either retail or wholesale, or both, in the town.
EMPLOYEE: The operator or manager of a place of business and any persons employed in the operation of said place of business in any capacity and also any salesperson, agent or independent contractor engaged in the operation of the place of business in any capacity.
ENGAGING IN BUSINESS: Includes, but is not limited to, the sale of tangible personal property at retail or wholesale, the manufacturing of goods or property and the rendering of personal services for others for a consideration by persons engaged in any profession, trade, craft, business, occupation or other calling, except the rendering of personal services by an employee to his employer under any contract of personal employment.
PLACE OF BUSINESS: Each separate location maintained or operated by the licensee within the town from which business activity is conducted or transacted.
WHOLESALE: A sale of tangible personal property by wholesalers to retail merchants, jobbers, dealers or other wholesalers for resale, and does not include a sale by wholesalers or retailers to users or consumers not for resale, except as otherwise specified.
WHOLESALER: A person doing a regularly organized wholesale or jobbing business and selling to retail merchants, jobbers, dealers or other wholesalers, for the purpose of resale. (1976 Code § 9-111; amd. 2001 Code)
The town clerk is designated and appointed as ex officio assessor of license fees for the town. Upon receipt of any application for a license, the town clerk shall assess the amount due thereon and shall collect all license fees based upon the rate established by resolution. He shall enforce all provisions of this title, and shall cause to be filed complaints against all persons violating any of the provisions of this title. (1976 Code § 9-113; amd. 2001 Code)
It shall be a class B misdemeanor, subject to penalty as provided in section 1-4-1 of this code, for any person to transact, engage in or carry on any business, trade, profession, calling or to operate a vending, pinball or coin operated machine without first receiving the class or type of license required by the town. (1976 Code § 9-112; amd. 2001 Code)
A. Contents: All applications for license shall include:
1. The name of the person desiring a license.
2. The kind of license desired, stating the business, calling, trade or profession to be performed, practiced or carried on.
3. The class of license desired, if such licenses are divided into classes.
4. The place where such business, calling, trade or profession is to be carried on, giving the street number if the business, calling, trade or profession is to be carried on in any building or enclosure having such number.
5. The period of time for which such license is desired to be issued.
B. Coin Operated Machine Or Device: In the event that the license application relates to a coin operated machine or device, the application shall identify the machine or device to which it applies and the location thereof. (1976 Code § 9-116)
A. Fee Schedule: There is hereby imposed and levied a business license fee in such amount as established by resolution of the town council on the business, location, trade, calling or profession on every person engaged in a business within the town. (1976 Code § 9-211; amd. 2001 Code)
B. Interstate Commerce: None of the license fees provided for by this section 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, he may apply to the license assessor and collector 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 his method of business and the gross volume or estimated gross volume of business and such other information as the license assessor and collector may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The license assessor and collector shall then conduct an investigation, comparing applicant's business with other businesses of like nature and shall make findings of fact from which he shall determine whether the fee fixed by this section is discriminatory, unreasonable or unfair as to applicant's business and shall recommend to the town council a license fee for the applicant in an amount that is nondiscriminatory, reasonable and fair, and if the town council is satisfied that such license fee is the amount that the applicant should pay, it shall fix the license fee in such amount. If the regular license fee has already been paid, the town council shall order a refund of the amount over and above the fee fixed by the town council. In fixing the fee to be charged, the license assessor and collector shall have the power to base the fee upon a percentage of gross sales, or 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. (1976 Code § 9-125; amd. 2001 Code)
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