2-1-2: DEFINITIONS:

   A.   The words and terms used herein shall be given their usual and ordinary meanings.

   B.   When a name or title is used, it shall include the designee of such office or officer or agency which has contracted with the City to perform the designated function. (Ord. 477, 12-10-2013, eff. 12-31-2013)

2-1-3: LICENSE AND FEE REQUIRED:

   A.   License Required: It is unlawful for any person to commence, carry on, engage in or continue (including the making of deliveries of goods, wares and merchandise sold elsewhere) in the City, any business, trade, occupation or employment upon which a License Tax is imposed by the terms and provisions of licensing ordinances or regulations for which a License Tax is required to be procured by the terms of licensing ordinances or regulations without first paying such License Tax and procuring such license as hereinafter provided.

   B.   Nonapplicability: The License Tax imposed by this title shall not be deemed or construed as applying to any person engaged in any of the professions or occupations herein enumerated solely as an employee of any other person conducting, managing or carrying on any such business unless specifically so provided herein.

   C.   Responsibility For Obtaining License: It shall be the responsibility of a person engaging in business within the City to voluntarily apply for and maintain in full force and effect a valid license. The agents or other representatives of nonresidents who are doing business in this City shall be personally responsible for the compliance of their principals and of the businesses they represent with the terms of this title.

   D.   Wrongful Acquisition Of License: Any license required hereunder that is obtained by deceit, fraud or misrepresentation or other crime is null and void.

   E.   License Terms:

      1.   Annual licenses shall be issued in accordance with this title within the area covered by licensing ordinances. Licenses, other than annual licenses, may also be issued as permitted by the provisions of this Code.

      2.   All license terms when payable annually, as used in this title, do not necessarily mean a year commencing January 1, but shall mean a period of twelve (12) months. No license fee for less than a full year shall be accepted by the business license official upon any application for an annual license.

      3.   In a case where the annual license fee is at least two hundred fifty dollars ($250.00), the business license official may, in his or her discretion and for good cause shown, permit semiannual payments of the annual license fee. (Ord. 477, 12-10-2013, eff. 12-31-2013)

   F.   Authorization And Classification Of License: A license shall authorize a party to transact the business described in such license at a particular location.

      1.   Separate licenses shall be obtained for each branch, establishment, or separate place of business.

      2.   Separate licenses shall be obtained for each type of business operated, even if under the same owner and in the same location.

         a.   This provision shall not apply if the licensee operates multiple business types that are all required by this title to pay a gross revenue license fee and are: 1) in the same location and 2) under the same business name. In such cases, the licensee shall be required to apply for and obtain one gross revenue license. (Ord. 541, 8-28-2018, eff. 9-18-2018)

   G.   Display Of License: Every person having a license under the provisions of this title and carrying on a business at a fixed place of business shall prominently display the permanent license in said place of business for which it is issued and it shall be retained by the licensee as long as the business is in operation at the licensed address under the same name.

   H.   Amendment Of Business License Fees By Resolution: The City Council, for good cause, may establish, modify or eliminate any annual business license fee by resolution. (Ord. 477, 12-10-2013, eff. 12-31-2013)

2-1-4: APPLICATION FOR LICENSE; ISSUANCE:

   A.   Application Forms; Preparation And Contents: The business license official shall be the collector of City license fees and it shall be the duty of the business license official to adopt all forms and prescribe the information required therein as to all matters relevant to the issuance of the license. It shall be the duty of the business license official to prepare and have printed adequate numbers of application forms for licenses. The application form shall include:

      1.   The name of the person, persons or other business entity to whom the license is to be issued, together with the location for which the license is sought.

      2.   Business mailing address, telephone number, e-mail address.

      3.   Owner's name, residence address and telephone number.

      4.   The kind of business authorized to be carried on under the license.

      5.   The date when the license begins.

      6.   An affidavit stating whether there has been any change in ownership in the business of the applicant during the preceding calendar year, and if there has been any change, that such change was made in compliance with Nevada Revised Statutes 104.

      7.   If the applicant was engaged in business under a fictitious name, an affidavit that the applicant has complied with the provisions of Nevada Revised Statutes 602.

      8.   Where the License Tax depends upon the receipts or amount of the business which the applicant, or the firm of which he is a member, or for which he is attorney, or the association or corporation of which he is president, secretary or managing agent, will do, the applicant shall state under oath the amount of business which the business did do in the next preceding period for which the license may be issued. The application form may include any number of additional questions as determined by the business license official.

   B.   Application Filled Out And Returned: Each applicant for a business license shall fill out in full an application form and shall present the same to the business license official, who shall determine the amount of License Tax due and payable. In certain specified instances an advance, nonrefundable deposit toward the actual cost of investigation is also required.

   C.   Receipt Of Application; License Statements: Upon the receipt of a complete application form, a license shall be filled out in full and shall state thereon:

      1.   To whom the license is issued, together with the location for which the license is valid.

      2.   The kind of business authorized to be carried on under the license.

      3.   The date the license begins and ends.

The signature of the business license official shall be affixed upon the face of each license in order for it to be valid.

   D.   Delivery Of License And Receipt:

      1.   The business license official, upon payment of the License Tax due, and any outstanding payments due for the actual costs of specified investigations, shall deliver a business license and receipt for the money paid to the purchaser thereof.

      2.   The business license official shall demand that all persons and other business entities required to procure a business license take out and pay for the same. (Ord. 477, 12-10-2013, eff. 12-31-2013)

2-1-5: PAYMENT OF LICENSE FEES:

   A.   Payment Due; Notification; Affidavit Concerning Change Of Ownership Or Location:

      1.   All businesses required to have a license shall be notified, before the due date, of each license fee required; provided, however, that the failure to notify any lawful business shall not be held to waive the payment of a business license; and provided, further, that the actual receipt of such notice is in no case required.

      2.   Any business licensed by the City and where there has been no change of ownership or location, is required only to pay the applicable license fee and is not required to make application for a new license; however, the licensee is required to furnish to the business license official the following information:

         a.   An affidavit stating whether there has been any change in ownership in the business of the applicant during the preceding calendar year, and if there has been any change, that such change was made in compliance with Nevada Revised Statutes chapter 104.

         b.   If the applicant was engaged in business under a fictitious name, an affidavit that the applicant has complied with the provisions of Nevada Revised Statutes chapter 602.

         c.   Where the license fee depends upon a licensee's receipts or amount of business, the licensee shall provide, at the City's request, receipts or documentation of the amount of business performed during the preceding license period.

   B.   Nonpayment; Liability; Debt To City: The license fee imposed herein by the City Council shall be deemed a debt due the City from and against any person who commences, carries on, engages in or conducts any business, occupation, trade or employment for which a license is hereby required to be produced without first having paid such license fee and procured a license. Such person shall be liable in a civil action in the name of the City as plaintiff, in any court of competent jurisdiction, for the recovery of the amount of license fee imposed, and for the costs of the suit. (Ord. 477, 12-10-2013, eff. 12-31-2013)

   C.   Delinquency; Reinstatement; Special Fees; Underestimates:

      1.   All licenses, other than gambling and liquor licenses, are delinquent if not paid by the due date and ten percent (10%) of the fee shall be assessed as a penalty charge. If payment is made after fifteen (15) days after the due date and before thirty (30) days after the due date, twenty five percent (25%) of the license fee shall be assessed as a penalty charge. All licenses for which the fees have not been paid within thirty (30) days after the due date are automatically revoked. Any such license shall not be reinstated until the twenty five percent (25%) penalty fee and a twenty five percent (25%) reinstatement fee shall have been paid. (Ord. 541, 8-28-2018, eff. 9-18-2018)

      2.   In all cases where a material underestimate of sales has been made by the licensee, the licensee making such material underestimate, or the company represented, in addition to paying the City the sums to which it was entitled under this Code, shall also be required to pay a sum double otherwise required for the next period for which the license may be issued. The business license official or their designee shall have the power and authority to enter any store, building, or any other place in which such business is being conducted at any time during business hours and have access to the books of such business for the purpose of ascertaining the amount of sales made. The information received from the licenses under the provisions of this section shall be confidential and available only to those City officials concerned in such matter.

   D.   Processing Fee: Unless a different processing fee is provided for in this title, a thirty five dollar ($35.00) nonrefundable processing fee will be charged for each application filed for a new business license, a change of business ownership, change of business name, change of business address or a business related permit provided for in this title. Processing of such applications and/or permits shall not commence until the City has received the processing fee. This processing fee is in addition to any other fee that may be required. (Ord. 477, 12-10-2013, eff. 12-31-2013)

2-1-6: INVESTIGATION COSTS:

Costs directly taxable to the license applicant include:

   A.   Cost of taking and processing fingerprints and photographs.

   B.   All costs directly attributable to the collection and review of criminal history information by the City or its designated agent, and the report and recommendation.

   C.   Costs of background investigation and reference interviews.

   D.   Cost of financial investigation.

   E.   Cost of report information. (Ord. 477, 12-10-2013, eff. 12-31-2013)