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(A) Any person, partnership, corporation or other entity shall be subject to the requirements of this chapter if by himself or herself or through an agent, employee or partner, he or she holds himself or herself forth as being engaged in a business or occupation, solicits patronage therefor, actively or passively, or performs or attempts to perform any part of such business or occupation in the city.
(B) As used in this chapter, the term BUSINESS shall include any business, trade, vocation, occupation, profession, calling or enterprise.
(Ord. 141A, passed 4-4-00; Am. Ord. 2012-01-03-386, passed 1-3-12; Am. Ord. 2022-08-997, passed 8-1-22)
(A) Any person, partnership, corporation or other entity operating and having a place of business within the corporate limits of the city shall obtain a license for each place of business. A person, partnership, corporation or other entity operating and having a place of business within the corporate limits of the city shall not be required to have a business license if:
(1) Services are not provided at the residence which would require customers to travel to said residence for business purposes; and
(2) The business does not have any employees other than the owner of said entity, partnership, and/or corporation.
(B) For the purpose of construing this chapter, MORE THAN ONE PLACE OF BUSINESS shall mean any business operations conducted within two or more separate buildings or upon two or more separate tracts of real estate.
(C) Any person, partnership, corporation or other entity operating and having a business operated out of their residence is required to have requested a home occupation permit which will require a fee of $50.
(D) All non-profit organizations, as defined and recognized by the Internal Revenue Service, must apply for a business license and the fee associated with this application shall be $5.
(E) Additionally, every applicant requesting a business license is required to provide evidence of proper zoning for the use and scope of the intended business on the property prior to receiving a business license.
(Ord. 141A, passed 4-4-00; Am. Ord. 2010-10-359, passed 10-5-2010; Am. Ord. 2022-08-997, passed 8-1-22)
(A) All fees and charges for licenses shall be paid at the time application is made. When an applicant has not engaged in the business until after the expiration of part of the current license year, the license fee shall be prorated by quarters and the fee paid for each quarter or fraction thereof during which the business has been or will be conducted. If the applicant has failed to renew the license on or before August 1 of the year, the fee for the license shall be doubled. All license fees shall become part of the City General Fund.
(B) The fee to be paid for all business licenses, unless otherwise stated in this chapter and regardless of the type of business to be licensed, shall be $50, plus an additional $5 for each full-time employee of the business.
(1) The number of full-time employees shall be the average number employed by the applicant.
(2) It shall be the duty of the Code Enforcement Officer to determine the number of employees upon which to base said fee. The Code Enforcement Officer shall require of all applicants an affidavit stating the number of employees upon which such a fee shall be paid. In addition, the Code Enforcement Officer may require other proof in order to correctly determine the number of employees upon which the license fee shall be based.
(3) If the number of full-time employees cannot be determined through documentation, the applicant shall certify a number based upon their good faith estimate.
(Ord. 141A, passed 4-4-00; Am. Ord. 2006-06-261, passed 6-15-06; Am. Ord. 2015-08-533, passed 8-11-15; Am. Ord. 2022-08-997, passed 8-1-22)
No license shall be issued for the conduct of any business, if the premises and building to be used for the purpose does not fully comply with the requirements of all city ordinances. No such license shall be issued for the conduct of any business or performance of any act which would involve a violation of any city ordinances or state statutes.
(Ord. 141A, passed 4-4-00; Am. Ord. 2022-08-997, passed 8-1-22)
The location of any licensed business or occupation, or of any permitted act, may be changed, provided that ten-days’ notice thereof is given to the Code Enforcement Officer. All building, zoning and other ordinances of the City of Tontitown shall be complied with.
(Ord. 141A, passed 4-4-00; Am. Ord. 2022-08-997, passed 8-1-22)
Whenever inspections of the premises used for, or in connection with the operation of a licensed business or occupation are required by ordinance, or are reasonably necessary to secure compliance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit any officer of the city who is authorized or directed to make such inspections at any reasonable time.
(Ord. 141A, passed 4-4-00; Am. Ord. 2022-08-997, passed 8-1-22)
It shall be the duty of any person conducting a licensed business in the city to keep his or her license posted in a prominent place on the premises used for such business at all times. The holder of a license shall show the license to any officer or agent of the city upon request.
(Ord. 141A, passed 4-4-00; Am. Ord. 2022-08-997, passed 8-1-22)
(A) Definition. EMPLOYEE, for the purpose of construing this chapter only, is any partner, corporate officer or other individual who receives any direct or indirect compensation from any entity subject to the licensing under § 110.03.
(B) Exception. The sole proprietor of any unincorporated business is not an employee within the meaning of this chapter and shall not be counted for the purpose of computing the number of employees upon which the amount of any license fee shall be based.
(Ord. 141A, passed 4-4-00; Am. Ord. 2022-08-997, passed 8-1-22)
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