(a) Conditions Precedent to Doing Business. It shall be unlawful for any person to engage in or prosecute within the City any business, trade, occupation, profession, calling, vocation or activity for which the payment of any City license tax or fee is required or for which a City license certificate is required without having paid to the City such license tax or fee or without holding a currently valid City license certificate so to do, as provided in this article; and the fulfillment of all terms and conditions of such license certificate and the provisions of this article relating thereto shall be conditions precedent to engaging in or prosecuting within the City any such business, trade, occupation, profession, calling, vocation or activity.
(b) Separate License Required. Except as may be provided otherwise in this Code or other Ordinance, any person who, at more than one fixed place of business within the City, engages in or prosecutes any business, profession, calling, vocation, trade or activity for which a City license is required, or who within the City engages in or prosecutes more than one type of business, profession, calling, vocation, trade or activity for which a City license is required, shall obtain a separate license and pay the prescribed tax or fee therefore for each such fixed place of business and for each such business, profession, calling, vocation, trade or activity.
(c) Application and Issuance of Licenses. The licenses provided for in this article shall be issued in the form of a certificate by the City Treasurer to any person making proper application therefore and tendering the license tax and a filing fee of fifty cents for each license certificate requested. The City Treasurer shall collect in full the proper taxes and fees and determine to his satisfaction that all the conditions precedent to the granting of such license have been fulfilled by the applicant before issuing a certificate of license.
(d) Time for Which Licenses Granted; Minimum Fee. Except as may be otherwise expressly provided in this article, all licenses issued under the provisions of this article shall be for a period of one year beginning on the first day of July and ending on the thirtieth day of the following June; provided, that no license for any purpose for any length of time shall be issued for less than two dollars.
(e) Exhibition of Licenses.
(1) Every person to whom a certificate of license shall be issued under the provisions of this article shall keep such certificate posted in a conspicuous position in the place where the privileges of such license are exercised, except that licenses regarding a business or other activity not conducted at an established place of business shall be carried on the person of the licensee at all times while engaged in such business or activity, and except as otherwise may be specifically provided for in this article.
(2) Such certificate of license shall be produced for inspection whenever required by any member of the City Council, the Mayor, the City Treasurer or the City police.
(f) Personal Privilege. Every license issued under the provisions of this article shall confer a personal privilege only to transact the business, activity, trade, occupation, profession, calling or vocation which may be the subject of the license and shall not be exercised except by the person holding the license and shall not be assignable.
(g) Effect of Change in Partners or Name of Firm. No changes in the name of a firm, nor the taking in of one or more new partners, nor the withdrawal of one or more members of the firm, so long as at least one member remains the same, shall be considered as terminating the privileges of any license granted to such partners or firm.
(h) Additional Penalties. Any person engaging in or prosecuting any business, activity, trade, occupation, profession, calling or vocation contrary to the provisions of this article, whether without obtaining a license therefore before commencing the same, or by continuing the same after the termination of the effective period of such license, shall, in addition to paying the license tax, be liable to the following penalties: If the license tax to which he is subject is an annual one, or for a period of one month or more, ten percent of such tax for each month or part thereof during which he has been in default; if the license tax aforesaid is for any period less than one month, ten percent of such tax for each such tax period or part thereof during which he has been in default; and it shall be the duty of the City Recorder to collect the full amount of the license and penalty therefore.
(i) Collection of Back Taxes. Any person engaging in or prosecuting any business, activity, trade, occupation, profession, calling or vocation contrary to the provisions of this article, whether without obtaining a license therefore before commencing the same, or by continuing the same after the termination of the effective period of any such license, shall, in addition to all other penalties provided for in this article, be liable to the payment of all back taxes and penalties for a period not exceeding five years.
(j) Collection by Action or Suit. The City Treasurer may collect any license tax and penalty unpaid under the provisions of this article by any appropriate proceeding in any court of competent jurisdiction.
(k) Criminal Liability. Any person violating any of the provisions of this article, upon conviction thereof, shall be fined not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00), or confined to jail not more than thirty days, or both, and each day or part thereof that any violation shall continue shall be deemed to constitute a distinct and separate offense and be punishable accordingly.
(Ord. 279. Passed 4-6-19.)
(l) Revocation or Alteration of License. Any license issued under the provisions of this article may be revoked, or any of the terms and conditions of its issuance altered, by the City Council, upon written petition by any interested person or by the Council upon its own motion, and if a showing is made of a violation by the licensee of any of the terms or conditions of the license or of any of the provisions of this article. Ten days written notice of the proposed revocation and the privilege of being heard in person or by counsel shall be given the licensee. In the event the license is revoked, any fees paid on account thereof shall be forfeited to the City.