(A) (1) Upon receipt of each application, it shall be referred to a deputy sheriff, who shall immediately institute such investigation of the applicant’s business and moral character as he or she deems necessary for the protection of the public good and shall endorse the application in the manner prescribed in this section within 30 days after it has been filed by the applicant with the City Recorder.
(2) If, as a result of such investigation, the applicant’s character and business responsibility is found to be unsatisfactory, a Deputy Sheriff shall endorse on such application his or her disapproval and his or her reasons for the same, and return the said application to the City Recorder, who shall notify the applicant that his or her application is disapproved and no license will be issued.
(3) If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Deputy Sheriff shall endorse on the application his or her approval and return the application the City Recorder who shall, upon payment of the prescribed license fee, deliver to the applicant his or her license. Such license shall contain the signature of the issuing officer and shall show the name, address and photograph of said licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such licensed business. Each peddler, canvasser or solicitor or transient merchant must secure a personal license. No license shall be used at any time by any person other than the one to whom it is issued. The Recorder shall keep a permanent record of all licenses issued.
(B) (1) The license fees shall be established by the Council by resolution and may, in like manner, be amended or altered from time to time:
(a) Less than $50 investment: exempt from fee;
(b) Peddlers, canvassers, solicitors: an annual fee from date of issuance in the amount of $110 shall be charged and payable to the city for all applicants; and
(c) Transient merchants:
1. Commercial food concessionaires who wish to set up a business under this chapter: an annual fee from date of issuance in the amount of $210 shall be charged and payable to the city for all applicants; and
2. All other concessionaires who wish to set up a business under this chapter: an annual fee from date of issuance in the amount of $110 shall be charged and payable to the city for all applicants.
(2) The Council may prescribe separate fees for an applicant who owns property within the county which is on the tax rolls of the county who is an agent or representative of a person, firm or corporation who owns property located within the county and which is on the tax rolls of the county.
(3) The Council may prescribe separate fees for an applicant who does not own property described in division (B)(2) above or who does not act as a agent or representative for any person, firm or corporation owning property as described in division (B)(2) above and separate fees for such a person who makes sales upon any street or within the street area with or without the use of any vehicle.
(4) None of the license fees provided for by this chapter 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 or she may apply to the City Council for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair to such commerce. Such application may be made before, at or within six months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his or her method of business and the gross volume of business and such other information as the City Council may deem necessary in order to determine the extent, if any, of undue burden on such commerce. The City Council shall then conduct and investigation comparing the applicant’s business with other businesses of like nature and shall make findings of fact from which it shall determine whether the fee fixed by this chapter is unfair, unreasonable of discriminatory as to the applicant’s business and shall fix as the license fee for the applicant, an amount that is fair, reasonable and non-discriminatory 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 City Recorder shall have the power to use any 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 established by the Council.
(5) Where the employer takes out the license or permit, he or she shall pay a fee equal to one-half the fee that would be required for the same number of persons under the above provisions of this chapter; provided that, fee shall not be less than $10.
(Ord. 95-04, passed 9-5-1995)