A. Purpose: The purpose of this Section is to provide for the registration of businesses within the City.
B. Business Registration Fee:
1. Prorating Prohibited: Business registration fees shall not be prorated.
2. Registration Fees: The business registration fee shall be set by City Council resolution. (Ord. 2005-02, 4-5-2005)
C. Exemptions:
1. No business registration fee shall be imposed on any business which is licensed as a business pursuant to New Mexico Statutes Annotated section 3-38-1, and as listed in the schedule in subsection 3-1-3E of this Chapter. Any person who operates under the same name, two (2) or more businesses, one or more of which requires a business license and one or more of which does not require a business license, shall obtain a separate registration or license and shall pay a separate fee for each business.
2. Those businesses which are otherwise exempt by law.
3. A person who is a sanctioned and registered athletic official who officiates for any association or organization which regulates any public school activity and whose rules and regulations are approved by the State Board of Education.
4. A business which has no place of business located inside the boundaries of the City even though the business may do business within the City.
D. Term Of Registration: A business registration is effective until the last day of the month one year from issuance. Renewal is required within six (6) weeks from the expiration date, without penalty.
E. Application To Do Business:
1. Application And Fee Requirement: Any person proposing to engage in business within the City limits shall apply for and pay a business registration fee for each outlet, branch, location, or place of business within the City prior to engaging in business, unless such person is required to obtain a business license.
2. Information Required: Any person filing an application for issuance or renewal of any business registration or license shall include the following information:
a. The exact nature or kind of business for which a license is requested.
b. The form of business enterprise under which the business is to be conducted, i.e., sole proprietorship, partnership, limited partnership or corporation.
c. The place where such business is to be carried on, and if the same is not to be carried on at any permanent place of business, the places of residence of the owners of the same.
d. The name or names, other than the name of the applicant, which the business will be operating, if any.
e. The time of operation during the full twenty four (24) hour period and days of week.
f. The names and places of residence of all owners of the business; if the owner is a corporation or partnership, the application shall state the names and places of residence of the officers or general partners thereof.
g. The applicant's current revenue division taxpayer identification number or evidence of application for a current revenue division taxpayer identification number.
h. Such further information as the Clerk-Treasurer's office may deem necessary, including square footage of building and number of employees, to enable them to issue the applied for certificate.
F. Registration Not Transferable: No registration issued pursuant to this Section shall be transferable from one business to another, nor from one person conducting business to a succeeding person conducting the same business. A family-owned business, transferred to an immediate family member, is an exception and may be transferred during the calendar year.
G. Renewal: Six (6) weeks after expiration of a business registration, any person with a place of business in the City and subject to this Chapter shall apply for renewal of the business registration with the City Clerk-Treasurer.
H. Late Registration Or Renewal; Penalty: If any business fails to obtain the appropriate registration pursuant to the terms of this Chapter, or fails to renew an existing registration shall pay a late fee of ten dollars ($10.00). This penalty shall be in addition to all other fees imposed by this Chapter. No business registration shall be issued until the person applying for such registration has paid all prior registration fees due to the City.
I. Registration Or License To Be Displayed:
1. Place Of Business: The City Clerk-Treasurer shall provide a suitable certificate of registration or license to be furnished to each place of business included in this Chapter. Such certificate of registration or license shall be displayed at the place of business for which such registration or license is issued.
2. Solicitors To Carry License: Solicitors and similar licensees shall carry the license on their person while engaging in the business for which such license is issued.
J. Proper Business Location:
1. Provide Address: No registration or license shall be issued unless and until the applicant for such license provides the City Clerk-Treasurer with the address of the proposed location from which business will be conducted. (Ord. 1997-06, 12-8-1997)
2. Inspection For Compliance With Requirements: The Clerk-Treasurer shall cause inspection of the facilities and buildings at the location listed to determine if such facilities and buildings meet all applicable building and fire codes and zoning restrictions currently in force within the City. Businesses shall not be permitted to open until all City department inspections are complete and fees have been paid. (Ord. 1997-06, 12-8-1997; amd. 2000 Code)
3. Issuance Of Temporary Registration: The Clerk-Treasurer may issue a temporary registration to a business while the applicant is bringing a location to current building, zoning or fire code requirements, i.e., parking lot delay.
4. Revocation Of Registration: Registration may be revoked if applicant cannot correct the deficiency.
K. Offenses; Penalties; Procedure Not Exclusive:
1. It shall be unlawful for any person to engage in, conduct or carry on any business or occupation within the City without first registering the same or obtaining a license therefor, and without first paying the fees required.
2. It shall be unlawful for any person to knowingly file an application for issuance or renewal of any business registration or license on which any of the information required has been falsified.
3. Any person violating the provisions of this Section shall be notified by Codes Enforcement that they are in violation of this Section.
4. A notice may be placed on the entrance of any business stating that the business is in violation of the business registration ordinance, to notify the public on the status of the business.
5. A red tag of the business can be issued, if the building is deemed hazardous to the health, safety and welfare of the occupants or the community.
6. The remedies provided in this Section are not exclusive; and if any person engages in business in the City without obtaining the required registration or license for such business, the City may proceed in any manner authorized by law, including specifically, but not limited to, the procedures set forth in New Mexico Statutes Annotated sections 3-38-5 and 3-38-6. (Ord. 1997-06, 12-8-1997; amd. Ord. 2005-02, 4-5-2005)