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A. Verification: An applicant for a business license shall fill out the application in full and sign it as verification under penalty of law that all information contained therein is true.
B. Payment Of Fees: The application shall be submitted to the city with full payment of all business license fees.
C. Copies To Officials: The business license coordinator shall submit copies to the inspection services division, the current planning division, the fire department and county health department and, for certain businesses where specifically provided for herein, to the police department, unless a specific provision of this title requires submission to fewer or additional departments, divisions or agencies than those named.
D. Preparation Of Certificate Of License: Only after receiving signed, written approval from each of the entities named in this section, the business license coordinator shall be authorized to prepare a certificate of license for issuance, unless a specific provision of this title requires the mayor or the mayor's designee to approve issuance of the license in which case no license shall be issued without approval of the mayor or the mayor's designee.
E. Signature, Information On Certificate: The certificate of license shall be signed by the business license coordinator and shall contain the following information:
1. The name of the licensee;
2. The business name;
3. The type of business licensed; including the class of the license, if such licenses are divided into classes;
4. The date the license was issued;
5. The expiration date of the license;
6. The place where the licensed business is to be conducted, giving the street number if such business is to be carried on at a fixed place;
7. The business license number.
F. More Than One Business Type: If the business is licensed to conduct more than one type of "business", as defined herein, the certificate of license shall state each type of business licensed.
(1979 Code § 5.04.110; Ord. 88-49, 12-28-1988; amd. Ord. 92-22, 3-24-1992; Ord. 97-94, 12-16-1997)
A. Application; Fee: Licensees shall annually renew their business licenses by submitting an application for a license renewal, signed under penalty of law that the information contained therein is true, along with the required fees.
B. Renewal Certificate: Upon receipt of the application, fees and any required departmental or mayoral approvals, the business license coordinator shall be authorized to issue either a renewal certificate of license or a renewal validation to be affixed to the prior year's license certificate.
(1979 Code § 5.04.120; Ord. 88-49, 12-28-1988; amd. Ord. 92-22, 3-24-1992; Ord. 97-94, 12-16-1997)
A. Fee Required: All business license fees established pursuant to article B of this chapter shall be payable in advance for the term of licensure and shall be paid upon making application to the business license coordinator. The application shall not be processed until the required fees are paid.
B. New Rental Dwelling Licenses: During the first year of licensure, fees assessed against rental dwellings for disproportionate municipal services under section 5-1B-2 of this chapter shall be prorated quarterly and the licensee shall only be required to pay the proportionate fee for those quarters in which the business actually engages in business. This provision shall not be construed as exempting a late applicant from payment of the full license fee, or permitting a refund of any portion of a license fee already paid.
C. Discounts Or Exemptions Granted Provisionally; Disallowance And Collection:
1. Any discount or exemption to the full payment of licensing fees authorized under this title is granted conditioned upon the licensee's initial and continued compliance with the provisions of such discount or exemption. If the discount or exemption was improperly granted in reliance upon false, inaccurate or misleading information provided by the licensee, or if the licensee has become otherwise unqualified to receive such discount or exemption during the licensing year, the business license coordinator is authorized and directed to:
a. Determine the discounted portion of the business license fee that was improperly granted or for which the licensee is unqualified;
b. Notify the licensee by first class mail, postage prepaid, that the discount or exemption has been disallowed and the reasons therefor; and
c. Proceed to collect the amount representing the disallowed discount or exemption.
2. The amount of such discount shall be considered to be delinquent if not paid within sixty (60) days after notification that the discount or exemption has been disallowed, or before renewal of the business license, whichever occurs first.
3. The business license coordinator's determination is subject to appeal pursuant to section 5-1A-18 of this article.
D. Term: Unless another term is provided under the provisions of this title:
1. Business licenses issued prior to October 1, 2006, except rental dwellings, licenses for beer wholesalers and alcohol retail and consumption, and sidewalk vendor licenses, shall expire on December 31 of each year, with all business license fees, along with the required application for renewal, due and payable on or before January 2 following the expiration date.
2. All business licenses for rental dwellings shall commence on the date of issuance and shall expire on January 31 of each year, with all business license fees, along with the required application for renewal, due and payable on or before February 1 following the expiration date.
3. Business licenses issued on or after October 1, 2006, except rental dwelling licenses, licenses for beer wholesalers and alcohol retail and consumption, and sidewalk vendor licenses, shall commence on the date of issuance and shall expire in the next calendar year on the last day of the month of issuance, with all business license fees, along with the required application for renewal, due and payable on or before the first business day following the expiration date.
4. All business licenses for beer wholesalers and alcohol retail and consumption shall commence on the date of issuance and shall expire on December 31 of each year, with all business license fees, along with the required application for renewal, due on or before the preceding November 30 of each year.
5. All business licenses for sidewalk vendors shall commence on the date of issuance and shall expire on December 31 of each year, with all business license fees, along with the required application for renewal, due and payable on or before the first business day following the expiration date, unless specified otherwise by administrative order.
(1979 Code § 5.04.130; Ord. 88-49, 12-28-1988; amd. Ord. 97-94, 12-16-1997; Ord. 2004-71, 10-12-2004, eff. 12-31-2004; Ord. 2006-42, 7-11-2006; Ord. 2007-5, 1-16-2007; Ord. 2008-49, 10-7-2008; Ord. 2009-76, 12-22-2009)
A. Renewals:
1. If any license fee is not paid by the due date, a penalty of twenty five percent (25%) of the amount of such license fee shall be added to the original amount thereof, and, if such amount is not paid within two (2) months of the due date, an additional penalty of seventy five percent (75%) shall be added to the original amount thereof for a total of one hundred percent (100%) of such license fee. Penalties provided for in this section shall be collected by the business license coordinator and the payment thereof enforced by him in the same manner as the license fees are collected and payment thereof enforced. No license shall be issued until all penalties legally assessed have been paid in full.
2. If the license fee for a renewal is not obtained within sixty (60) days of the due date, then the business shall be considered to be operating without a business license in violation of this article and the business shall terminate business operations at the previously licensed location. No business shall be conducted thereafter at said location unless and until licensed in accordance with the provisions of this title. Notwithstanding the above, any business requiring an alcoholic beverage license which has not applied for renewal thirty (30) days prior to expiration shall be considered to be operating without an alcoholic beverage license upon the due date.
B. Unlicensed Businesses: In addition to any criminal prosecution or civil proceedings, if any person found violating section 5-1A-2 of this article later applies for a license and if a license is granted, a penalty fee of one hundred percent (100%) of the amount of such license fees for the current year, and the business shall pay an additional penalty for each prior year or portion of a prior year in which the business operated without a license. The penalty fee for each prior year or portion of a prior year without a license shall be an amount equal to one hundred twenty five percent (125%) of the current business license fees; provided that the amount of the current business license fees shall not include disproportionate impact fees or enhanced services fees for the current year if no such fees were in effect in such prior years.
C. Reduction Or Waiver Of Fees: The business license coordinator may reduce or waive the penalty fees to be paid by businesses operating without a license one time per calendar year for a period not to exceed one month, for the purpose of encouraging unlicensed businesses to properly license.
(1979 Code § 5.04.140; Ord. 88-49, 12-28-1988; amd. Ord. 92-22, 3-24-1992; Ord. 97-94, 12-16-1997; Ord. 2004-46, 6-15-2004; Ord. 2005-28, 5-17-2005)
A. Assessment By Business License Coordinator: If any person subject to license under any ordinance of the city fails, refuses, or neglects to file his application for the license and to pay the license fee or tax provided by ordinance within the time prescribed by ordinance, or fails to pay any other amount determined to be delinquent under the provisions of this title, the business license coordinator is authorized and directed to determine the amount of the license fees due from any information which may be available to him, and such information shall be prima facie correct. The business license coordinator shall thereupon proceed to collect such tax or fee by all lawful means.
B. Remedies: Every license fee imposed by any ordinance of the city and all interest accruing thereon after the date of delinquency and all penalties levied or assessed thereon by any ordinance of the city for failure to pay the same within the time required constitutes a debt to the city, and the city may maintain an action to recover the same in any court of competent jurisdiction, which remedy shall be in addition to any and all other remedies which may be provided.
(1979 Code § 5.04.150; Ord. 88-49, 12-28-1988; amd. Ord. 97-94, 12-16-1997; Ord. 2007-5, 1-16-2007)
No rebate shall be allowed upon any license fee, unless the licensed premises has been damaged by fire or other unavoidable accident. Rebates may also be allowed upon disruption of the business due to the use of the city's power of eminent domain. In all such cases the business license coordinator shall determine whether the request for rebate is authorized under this section. Any rebate shall be prorated using the number of days of business disruption in relation to the remainder of the calendar year.
(1979 Code § 5.04.170; amd. Ord. 88-49, 12-28-1988; Ord. 92-22, 3-24-1992; Ord. 97-94, 12-16-1997)
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