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The following definitions shall apply unless the context clearly indicates or requires a different meaning.
“BUSINESS.” Carrying on, transacting or exercising, for gain or economic benefit, either directly or indirectly enterprise, trade, activity, profession, or undertaking, of any nature, including the collection of rent from real property within City (except for short term rental as defined herein), conducted by an individual, partnership, firm, joint venture, association, corporation or any other entity; but shall not include the usual activities of boards of trade, chambers of commerce, trade associations or unions, community chest funds or foundations, corporations or associations organized and operated exclusively for religious, charitable, scientific, literary, educational or civic purposes, or for the prevention of cruelty to children or animals, or clubs or fraternal organizations operated exclusively for social, literary, educational or fraternal purposes; nor shall it include Home Occupations, which are separately regulated under Chapter 117
of the City of Hurstbourne Codified Ordinances.
“PERSON.” Any natural person, partnership, firm, joint venture, fiduciary, association or corporation. Whenever PERSON is used in any clause prescribing and imposing a penalty in the nature of a fine, the work, as applied to a partnership or other form of unincorporated enterprise shall mean the partners or members thereof and as applied to corporations, shall mean the officers and directors thereof.
“RECEIPTS.” Money or other property of value.
“SHORT TERM RENTAL.” A dwelling unit that is rented, leased or otherwise assigned for a tenancy for less than 30 consecutive days duration, where no meals are served. This term does not include hotels or motel rooms, extended stay lodging facilities, bed and breakfast inns or boards and lodging house rooms.
(Ord. 13-01, passed 2-26-13; Am. Ord. 17-5, passed 10-10-17)
No person shall engage in any of the trades, businesses, or professions for which licenses are required by any provision of this code or any other ordinance of the city without first applying for and obtaining a license from the City Clerk or other duly authorized issuing authority. The fee for a license shall be $75.00. No person shall rent, operate, occupy or own any dwelling used for short term rental and no business license shall be issued for short term rental.
(Ord. 11-07, passed 6-14-11; Am. Ord. 13-01, passed 2-26-13; Am. Ord. 17-5, passed 10-10-17)
Registration of rental dwellings: Application shall include:
(A) The address of the rental dwelling. The number of rental dwelling units.
(B) The name, residence address, business address, business phone number and personal phone number of the owner and/or the local agent, if applicable. The address where the owner and/or the local agent, if applicable, will accept notices or orders from the city. Designation of local agent: If the owner of a rental dwelling, or a responsible member or officer of the owner, does not reside within 60 miles of the city, the owner shall designate a responsible local agent who shall be legally responsible for operating such rental dwelling in compliance with this chapter, this code of ordinances, and other applicable laws or regulations. All official notices may be served on the responsible local agent, and any notice so served shall be deemed to have been served upon the owner of record.
(C) Verification that all state and city taxes levied and assessed against the rental dwelling that are due and payable at the time of the filing of the application have been paid. Delinquencies on such taxes may result in the denial of an application for registration or re-registration under this section.
(D) Inaccurate or incomplete registration information: it shall be a violation of this chapter for an owner to provide inaccurate information for the registration or re-registration of rental dwellings or to fail to provide information required by the application.
(E) All rental property must be kept in compliance with the City of Hurstbourne Code of Ordinances, as well as Metro Louisville Ordinances, as a condition of operating a rental property in the City of Hurstbourne. Each rental dwelling shall provide measures acceptable to the city to prevent any excessive noise at any property line. Each rental dwelling shall provide measures acceptable to the City to prevent violations of the city’s parking ordinance by Tenants of the rental unit.
(Ord. 13-01, passed 2-26-13; Am. Ord. 17-5, passed 10-10-17)
(A) All original applications for licenses, unless otherwise specifically provided, shall be made to the City of Hurstbourne in writing upon forms to be furnished by the city and shall contain:
(1) Name of applicant and of each officer, partner, or business associate;
(2) Parent company, corporation name (if different than applicant name);
(3) Present occupation and local site address of business;
(4) Primary corporate/business address;
(5) Nature or type of intended business or enterprise;
(6) Period of time for which license is desired;
(7) Description of the merchandise to be sold, if for a vendor;
(8) Such other information concerning applicant and business as may be reasonable and proper, having regard to the nature of the license desired.
(B) Renewal of an annual license may be granted to a licensee in good standing upon the original application, unless otherwise provided.
(C) It shall be unlawful knowingly to make any false statement or representation in the license application.
(Ord. 11-07, passed 6-14-11; Am. Ord. 13-01, passed 2-26-13; Am. Ord. 17-5, passed 10-10-17)
(A) Upon receipt of an application, an investigation of the applicant’s business reputation and moral character shall be made.
(B) The application shall be approved unless such investigation discloses tangible evidence that the conduct of the applicant’s business would pose a substantial threat to the public health, safety, morals, or general welfare. In particular, tangible evidence that the applicant has done or possesses any of the following will constitute valid reasons for disapproval of an application:
(1) Has been convicted of a crime of moral turpitude; or
(2) Has made willful misstatements in the application; or
(3) Has committed prior violations of ordinances pertaining to itinerant merchants, peddlers, solicitors, and the like; or
(4) Has been found by a court of competent jurisdiction to have committed prior fraudulent acts; or
(5) Has a record of continual breaches of solicited contracts.
(Ord. 11-07, passed 6-14-11; Am. Ord. 13-01, passed 2-26-13; Am. Ord. 17-5, passed 10-10-17)
(A) A license shall not be valid beyond the expiration date therein specified.
(B) In no event shall a license be granted to any business or any person for a longer time than one year. (KRS 92.310)
(Ord. 11-07, passed 6-14-11; Am. Ord. 13-01, passed 2-26-13; Am. Ord. 17-5, passed 10-10-17)
Every licensee carrying on business at a fixed location shall keep posted in a prominent place upon the licensed premises, the license certificate. Other licensees shall carry their license certificates at all times and whenever requested by any officer or citizen, shall exhibit the license.
(Ord. 11-07, passed 6-14-11; Am. Ord. 13-01, passed 2-26-13; Am. Ord. 17-5, passed 10-10-17)
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