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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)
All license fees shall be due and payable as follows, except as may be otherwise provided. (1976 Code § 9-114; amd. 2001 Code)
A. Payable: Annual fees shall be payable before each calendar year, in advance. The annual license shall date from June 1 of each year and shall expire on May 31 of the following year.
B. Due: Annual fees shall be due on June 1 of each calendar year and shall become delinquent if not paid by July 1 of each year.
C. Issued After November 1: One-half (1/2) of the annual fee shall be payable for all licenses issued by the town pursuant to applications made after November 1 of each year, and licenses issued after November 1 shall expire on June 1 of the year following. Payment shall be due upon the date of application approval. (1976 Code § 9-114; amd. Res. 2008-07, 8-20-2008)
D. Penalty For Late Payment: If any license fee is not paid within thirty (30) days of the due date, a penalty of ten percent (10%) of the amount of such license fee shall be added to the original amount thereof. No license shall be issued until all penalties legally assessed have been paid in full. (1976 Code § 9-115)
A. Contents: All certificates of license shall be signed by the mayor, attested by the town clerk, and shall contain the following information:
1. Name: The name of the person to whom such certificate has been issued.
2. Amount: The amount paid.
3. Type: The type of license and the class of such license, if licenses are divided into classes.
4. Term: The term of the license with the commencing date and the date of its expiration.
5. Location: The place where such business, calling, trade or profession is to be conducted. (1976 Code § 9-117)
B. Display:
1. Required: Every certificate of license issued under this chapter shall be posted by the licensee in a conspicuous place upon the wall of the building, room or office of the place of business so that the same may be easily seen. When such certificate of license has expired, it shall be removed by the licensee from such place in which it has been posted, and no certificate of license which is not in force and effect shall be permitted to remain posted upon the wall or any part of any room within the place of business. If the licensee's business is such that a license cannot be displayed due to the transient or mobile nature of the business, then the licensee shall carry the license on his person, ready to be shown upon request by an authorized officer during all such time or times while the licensee is engaged in or pursuing the business for which a license is granted.
2. Coin-Operated Machine: In the event the license is for a coin-operated machine or device, the certificate shall be attached or displayed in the immediate vicinity of the machine for which it has been issued. (1976 Code § 9-118)
No license granted or issued under any ordinance of the town shall be assigned or transferred to any other person. It shall not be deemed to authorize any person other than therein named to do business or to authorize any other business, calling, trade or profession than is therein named, unless by permission of the town council. (1976 Code § 9-119)
A separate license must be obtained for each separate place of business in the town and each license shall authorize the licensee to engage only in the business licensed thereby at the location or in the manner designated in such license; provided, that warehouses and distributing places used in connection with or incident to a business licensed under this chapter shall not be deemed to be separate places of business or branch establishments. (1976 Code § 9-121)
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