5.04.190: FEE NOT TO CONSTITUTE UNDUE BURDEN ON INTERSTATE COMMERCE:
None of the license fees provided for by this title shall be applied as to occasion an undue burden on interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he or she may apply to the building license official for an adjustment of the fee(s) so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. Such application may be made before, at, or within six (6) months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his or her method of business and the gross volume or estimated gross volume of business and such other information as the business license official may deem necessary to determine the extent, if any, of such undue burden on such commerce. The business license official shall then conduct or cause to be conducted an investigation that compares the applicant's business with other businesses of like nature, and shall make findings of fact from which he or she shall determine whether the fee fixed by this title is discriminatory, unreasonable, or unfair as to applicant's business and shall adjust the license fee accordingly. If the regular license fee has already been paid, the business license official shall order a refund of the amount over and above the fee determined by the business license official. (Ord. 2015-13, 10-6-2015)