CHAPTER 110: BUSINESS LICENSE FEE
Section
General Provisions
   110.01   Definitions
   110.02   Imposition of fee
   110.03   Disposition of proceeds
   110.04   Application for license certificate
   110.05   Standards for issuance or denial
   110.06   Display of license certificate
   110.07   Due date; duration of license
   110.08   Transferability
   110.09   Multiple locations
   110.10   Tax liability for fee
   110.11   Delinquent payments
   110.12   Revocation
   110.13   Right to appeal license denial or revocation
   110.14   Appeals
Violations
   110.20   Responsibilities of owners
   110.21   Inspection
   110.22   Notice of violation after inspection
   110.23   Repairs and other corrective action after notice of violation
   110.24   Applications for hearing on inspection violation; appeals pertaining to inspections or notices of violations
 
   110.99   Penalty
GENERAL PROVISIONS
§ 110.01 DEFINITIONS.
   (A)   Meaning of certain words. Whenever the word BUILDING, BUILDING UNIT, DWELLING. DWELLING UNIT, PREMISES or STRUCTURE are used in this chapter, the word used shall be
construed as though it is followed by the words "or any part thereof or any premises accessory thereto." Words used in the singular include the plural and the plural the singular, the masculine gender includes the feminine and the feminine the masculine.
   (B)   Undefined words. Words not specifically defined in this chapter shall have the common definition set forth in a standard dictionary, or the city's Housing Code, Property Maintenance Code. Nuisance Code, statewide Building Code, or the statewide Fire Safety Code.
   (C)   Generally. For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
      AGENT. Any person who operates or conducts a business for and on behalf of another.
      BUILDING. A fixed construction with walls, foundation and roof, such as a house, factory, apartment building and garage.
      BUILDING INSPECTOR. Staff of the Northern Kentucky Area Planning Commission, or other such person as is designated by the City Administrative Officer - to include, but not be limited to. Building Inspectors, Housing Inspectors, and Fire Inspectors.
      BUSINESS. Includes all trades, occupations, professions, or services engaged in, carried on, or pursued in this city. Any business located within the corporate limits of the city is construed to be transacting all business in the city.
         (a)   The following shall be construed as a business: the rental of residential or commercial properties.
         (b)   The following shall not be construed as a business:
            1.   Any non-profit entity that engages in a trade, occupation, or service from which the net proceeds are used for a charitable purpose.
            2.   Any person who sells at an event sponsored by the city, School Board, or other entity which is considered non-profit pursuant to IRC § 501(c)(3), items created, manufactured, or assembled by that person.
      DILAPIDATED. In a state of disrepair, so that it may no longer be adequate for the purpose for which it was originally intended.
      DWELLING UNIT. Any enclosed space wholly or partly used or intended to be used for living and sleeping, whether or not cooking and eating facilities are provided: provided that temporary housing as hereafter defined shall not be classified as a DWELLING UNIT. Industrialized housing and modular construction, used or intended for use of living and sleeping purposes shall be classified as a DWELLING UNIT. DWELLING UNIT shall not include a room in a hotel, motel, suite hotels, or bed and breakfasts, that primarily rent rooms on a daily basis, if properly registered as such with the City of Ludlow, County of Kenton and the Commonwealth of Kentucky.
      FIRE SAFETY CODE. The National Fire Code of 1979, and all amendments, thereto, as the same may be amended from time to time.
      HABITABLE ROOM. A room or enclosed floor area used or intended to be used for living or sleeping purposes, excluding bathrooms, water closet compartments, basement laundries, furnace rooms, utility rooms of less than 50 square feet of floor space, connecting corridors, stairways, closets, storage spaces, unheated areas, and workshops and hobby areas, the floor level of which is more than three feet below the exterior grade immediately outside the walls of such room.
      HOUSEHOLD. One or more individuals living together in a single dwelling unit and sharing common living, sleeping, cooking and eating facilities.
      KENTUCKY BUILDING CODE. The statewide Building Code adopted pursuant to KRS 198B.010 et seq., as maybe amended from time to time.
      LUDLOW BUILDING REGULATIONS. Chapter 150 of the Ludlow Code of Ordinances, as amended from time to time.
      NUISANCE CODE. Chapter 91 of the Ludlow Code of Ordinances, as amended from time to time.
      OCCUPANT. Any individual having possession of a premises or any individual over one year of age, living, sleeping, cooking or eating in or having possession of a dwelling unit.
      OPERATOR. Any person who has charge, care, control, or management of a building, or part thereof, in which building units are let.
      OWNER. Any person who, alone or jointly or severally with others: (1) Shall have legal title to any premise, building, or building unit, with or without accompanying actual possession thereof: or (2) Shall have charge, care, or control of any premise, building, or building unit, as owner or agent of the owner, or any executor, administrator, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter and the rules and regulations adopted pursuant thereto, to the same extent as if he or she were the owner.
      PERSON. Any individual, firm, corporation, association, partnership, cooperative, or governmental agency.
      PREMISES. A platted lot or part thereof or unplatted lot or parcel of land or plat of land, either occupied or unoccupied by a dwelling or other structure, and includes any such building or part thereof, accessory structure or other structure thereon.
      RESIDENT. Any adult residing within the City of Ludlow.
      SAFETY. The condition of being reasonably free from danger and hazards which may cause accidents or disease.
      SUPPLIED. Paid for, furnished by, provided by or under the control of the owner-operator, or agent.
      TEMPORARY HOUSING. Any tent, trailer, mobile home, or any other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utility system and which remains on the same premises for more than 30 consecutive days.
      UNIT. A room or a group of rooms located within a building forming a single habitable unit.
(Ord. 2001-17, passed 1-10-2002; Am. Ord. 2002-3, passed 3-28-2002; Am. Ord. 2006-15, passed 9-28-2006; Am. Ord. 2011-6, passed 4-14-2011; Am. Ord. 2012-5, passed 3-8-2012; Am. Ord. 2014-10, passed 8-14-2014; Am. Ord. 2016-8, passed 11-10-2016)
§ 110.02 IMPOSITION OF FEE.
   (A)   There is levied and established an annual business license fee upon all persons doing business or conducting any business in this city. No person shall conduct any business within the corporate limits of the city without first having paid the established fee and having obtained the prescribed license therefore.
   (B)   Any person engaging in a business or occupation other than the rental of real property, shall pay an annual business license fee of $100.
   (C)   There is levied and established an annual rental license fee upon all persons or businesses who own rental property within the city. No person or business shall be allowed to rent out, or have occupied, parcels of real property within the corporate limits of the city without first having paid the established rental license fee and having obtained the prescribed license therefor. One rental license shall be required for each rental dwelling unit. Additionally, the city shall have authority to exercise its own regulatory powers under this chapter, including the power to issue, deny, renew, or suspend any rental dwelling license, with respect to any dwelling unit.
   (D)   Any person or business applying for a rental license within the city shall pay a non-refundable application fee of $100 and an additional license fee of$25 per unit, per building (a single family home rental fee is only $25 as it is considered one unit under this chapter) for said rental license and said fee is to be made payable to the city of and paid directly to the office of the City Clerk at the City Building, or other such place housing the office of the City Administrator and/or City Clerk.
   (E)   A separate rental license fee shall be paid as directed in division (D) for each individual parcel of real property owned by the person or business seeking the rental license.
(Ord. 2001-17, passed 1-10-2002; Am. Ord. 2007-11, passed 11-8-2007; Am. Ord. 2011-6, passed 4-14-2011; Am. Ord. 2012-5, passed 3-8-2012; Am. Ord. 2014-10, passed 8-14-2014; Am. Ord. 2016-8, passed 11-10-2016)
§ 110.03 DISPOSITION OF PROCEEDS.
   The license fee levied and established in this chapter shall be used to defray the city’s costs of inspecting to keep an accounting of all businesses, to insure that all businesses in the city obtain business licenses, and to generally fund the city’s attempts to regulate, inspect, and inventory those businesses in the city. The funds collected pursuant hereto shall be placed in the General Fund of the city for these purposes.
(Ord. 2001-17, passed 1-10-2002; Am. Ord. 2011-6, passed 4-14-2011; Am. Ord. 2012-5, passed 3-8-2012; Am. Ord. 2014-10, passed 8-14-2014; Am. Ord. 2016-8, passed 11-10-2016)
§ 110.04 APPLICATION FOR LICENSE CERTIFICATE.
   (A)   Any person desiring to conduct a business in this city shall make a written application each year to the City Clerk-Treasurer of the Kenton County Office of License Inspector upon the prescribed form. Upon payment of the fee, the City Clerk-Treasurer or the Kenton County Office of License Inspector shall thereupon issue to the applicant a license certificate authorizing him or her to carry on or conduct that business. All license certificates issued hereunder shall be in form approved by the City Attorney or the Kenton County Office of License Inspector and among other things shall bear on the face of thereof the name of the licensee, the place in which business is authorized, the type of business to be conducted, the period for which the license is granted, the date of issue, and shall be signed by the City Clerk-Treasurer or his assistant.
   (B)   Any person or business desiring to rent out, let or lease parcels of real property or units contained therein shall make application each year to the office of the City Clerk upon the prescribed form. Upon payment of the fee and inspection, if applicable, by the city, the City Clerk shall thereupon issue to the applicant a license certificate authorizing said person or business to conduct said business of renting, letting or leasing such property, or unit contained therein. All license certificates shall be presented by the business, its designated agent or the individual owner or agent, immediately, upon demand by the city or any of its designees and/or agents.
   (C)   No person shall rent, offer for rent, or allow to be occupied any rental dwelling unit unless the owner has first obtained a rental dwelling license as provided herein. One rental dwelling license shall be required for each rental dwelling unit.
   (D)   The city shall have authority to exercise its regulatory powers under this chapter, including, but not limited to, the power to issue, deny, renew or suspend any rental dwelling license, with respect to any dwelling unit.
   (E)   The application for any business license or rental dwelling license shall be renewed, via written application, on an annual basis.
(Ord. 2001-17, passed 1-10-2002; Am. Ord. 2007-12, passed 11-8-2007; Am. Ord. 2011-6, passed 4-14-2011; Am. Ord. 2012-5, passed 3-8-2012; Am. Ord. 2014-10, passed 8-14-2014; Am. Ord. 2016-8, passed 11-10-2016)
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