5.02.230: FEE ADJUSTMENT TO AVOID BURDENING INTERSTATE COMMERCE:
None of the license fees provided in this chapter shall be applied to occasion an undue burden on interstate commerce. State law requires local governments to establish license fees based on the cost to the city to regulate and license the businesses. The city has an interest in not bearing undue burden for licensing any type of business practice or enterprise. The fee structure approved by municipal council shall be reasonably related to the actual cost to the city of the licensing process and uniformly assessed on businesses of like nature. In any case, where a license fee is believed by a licensee or an applicant for a license to place an undue burden upon such interstate commerce, such licensee or applicant may apply to the administrator for an adjustment of the fee to relieve such burden. The licensee or applicant shall indicate her or his method of doing business and such other information that may be relevant to establishing the license category for the fee assessment. The administrator shall then evaluate the information provided, comparing the subject business with other businesses of like nature and shall make findings of fact to determine whether the license is discriminatory, unreasonable or unfair as to the licensee or applicant from the standpoint of its impact on interstate commerce. The administrator shall make any adjustments to the license category and/or fee assessment, if merited, and report to the licensee or applicant any findings and subsequent action taken. If the applicant or licensee is not satisfied with the decision of the administrator, he or she may appeal the decision according to section 5.02.160 of this chapter. (Ord. 05-25 § 1, 2005: Ord. 97-76 § 1, 1997)