CHAPTER 70:
OCCUPATIONAL LICENSE FEE
Section
70.01 Definitions
70.02 License required
70.03 License year
70.04 Application; issuance; terms of license
70.05 Transfer of license
70.06 Persons with more than one occupation
70.07 Revocation
70.08 Liability of agents
70.09 Presumption of engaging in business
70.10 Purpose of fees
70.11 Fee schedule
70.99 Penalty
§ 70.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"AGENT." Shall be construed in its usual and contemporary manner, to designate a person, association of persons, firm, company, or corporation who or which conducts a business or activity on behalf of another person or persons.
"MANUFACTURER." Includes all those who may fabricate raw material into finished products for the purpose of marketing these products through wholesalers, agents, dealers, retailers, or directly to consumers, whether they are natural persons, associations of persons, firms, companies, partnerships, or corporations.
"MERCHANT." Includes all those who sell or rent any goods, wares, or merchandise from a storeroom or other permanent location.
"OCCUPATION." Includes any and all trades, businesses, or professions pursued, carried on, or engaged in within the city.
"STORE." A place where merchandise is kept for sale to the public at large.
(Ord. 87-1, passed 3-2-87)
§ 70.02 LICENSE REQUIRED.
There shall be levied an annual occupational license fee upon all persons, associations of persons, firms, and corporations engaged in any trade, occupation, employment, business, or profession, specified or unspecified in this chapter. No person, associations of persons, firms, or corporations shall carry on or conduct any occupation, trade, business, or profession in the city without having obtained an occupational license and having paid the fee therefore as herein required.
(Ord. 87-1, passed 3-2-87) Penalty, see § 70.99
§ 70.03 LICENSE YEAR.
The license year for any person, association of persons, firm, or corporation engaged in any trade, occupation, business, or profession shall be from July 1 of a given year to and including June 30 of the following year, and any person, association of persons, firm, or corporation so engaged shall be required to pay a license fee therefore to the City Clerk-Treasurer/Tax Collector.
§ 70.04 APPLICATION; ISSUANCE; TERMS OF LICENSE.
(A) Upon application to the City Clerk-Treasurer/Tax Collector and the payment by the applicant of the license fee hereinafter provided, the City Clerk-Treasurer/Tax Collector shall issue to the applicant a license to carry on and conduct the trade, occupation, business, or profession for which the license fee is paid. Where under any existing ordinance of the city or any ordinance of the city hereafter passed a special application is required or a bond is executed before entering into that trade, occupation, business, or profession, the City Clerk-Treasurer/Tax Collector shall not issue the license until a formal application has been made, or the bond is properly executed and approved by the Mayor and the City Commission.
(B) All licenses issued under the provisions of this chapter shall have the year in which they are issued printed on the face of same in large figures. It shall be the duty of each person to whom a license is issued to keep the license posted in a conspicuous place in his place of business and the same shall be at all times exposed to public view, or a legible copy of same readily available for inspection by any law enforcement officer if the trade, occupation, business, or profession has no permanent place of business within the city.
(C) No license issued under the provisions of this chapter shall authorize any person to engage in the trade, occupation, business, or profession other than the person to whom the same was issued, unless transferred as provided in § 70.05.
(D) If two or more persons engaged in carrying on a profession compose a firm or partnership, each member of the firm or partnership shall pay the required license fee.
(E) Any person who shall begin to carry on or conduct any trade, occupation, business, or profession, after January 1 of any year, shall be required to pay only one-half of the license fee required therefore. However, the foregoing provisions with reference to the payment of one-half of the license fee shall not apply to any temporary license imposed by any existing ordinance. No refund of any part of a license fee will be made after payment of same and issuance of license to licensees who thereafter cease to do business.
(F) It shall be unlawful for any person to whom a license is issued under the provisions of this chapter to:
(1) Allow or permit any place where such trade, occupation, business, or
profession is conducted under license to be or become a disorderly
house;
(2) Permit any lewd, indecent, or immoral acts to be committed therein, or
on the premises adjacent thereto, under the control of the person
conducting the trade, occupation, business, or profession;
(3) Permit in any such place or premises any loud, boisterous, or obscene
conversation or other noises or nuisances;
(4) Permit the premises to be used for any unlawful or immoral purposes
whatsoever. (Ord. 87-1, passed 3-2-87) Penalty, see § 70.99
§ 70.05 TRANSFER OF LICENSE.
Any license granted or issued under the provisions of this chapter may be transferred by the license and the transferee thereof shall, upon payment of a transfer fee of $5, be entitled to the rights and privileges of the original licensee. No such transfer shall be valid or of any effect whatsoever until the fee of $5 is paid to the City Clerk-
Treasurer/Tax Collector and City transferee and the day of transfer upon the original license and upon the stub thereof. (Ord. 87-1, passed 3-2-87)
§ 70.06 PERSONS WITH MORE THAN ONE OCCUPATION.
In the event any person, firm, partnership, or corporation engaged in any trade, occupation, business, employment, or profession specified in this chapter shall be engaged in one or more trades, occupation, businesses, employments, or professions at the same locations, then and in that event, a license fee shall be charged and paid equal to the highest license fee charged for any one of such trades, occupations, businesses, employments, or professions that the person, firm, partnership, or corporation may be engaged in, which shall be in lieu of all other licenses provided for in this chapter.
(Ord. 87-1, passed 3-2-87)
§ 70.07 REVOCATION.
(A) Procedure. Any license or permit granted under this chapter may be revoked by the Police Chief after notice and hearing, pursuant to the standards in division (B) below. Notice of hearing for revocation shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. This notice shall be mailed to the license at his last known address at least ten days prior the date set for the hearing.
(B) Standards for revocation. A license granted under this chapter may be revoked for any of the following reasons:
(1) Any fraud or misrepresentation obtained in the license application;
(2) Any fraud, misrepresentation, or false statement made in connection
with the business being conducted under the license;
(3) Any violation of this chapter;
(4) Conviction of the licensee of any felony or conviction of the licensee
of any misdemeanor involving moral turpitude; or
(5) Conducting the business licensed in an unlawful manner or in such a
way as to constitute a menace to the health, safety, morals, or general
welfare of the public.
(C) Appeal procedure.
(1) Any person aggrieved by a decision under division (B) of this section
shall have the right to appeal to the City Commission. The appeal shall
be taken by filing with the City Clerk-Treasurer/Tax Collector, within
14 days after notice of the decision has been mailed to that person's last
known address, a written statement setting forth the grounds for appeal.
The City Commission shall set the time and place for a hearing, and
notice for the hearing shall be given to that person in the same manner
as provided in division (A) above.
(2) The order of the City Commission after the hearing shall be final.
(Ord. 87-1, passed 3-2-87)
§ 70.08 LIABILITY OF AGENTS.
The agent of a nonresident proprietor engaged in any trade, occupation, business, or profession on which a fee is levied in this chapter shall be liable on behalf of the nonresident proprietor for the fee levied herein and any penalty which may be vowed, the same as if the agent were the proprietor. (Ord. 87-1, passed 3-2-87)
§ 70.09 PRESUMPTION OF ENGAGING IN BUSINESS.
Any person, association of persons, firm, or corporation representing himself or itself or exhibiting any sign or advertisement to the effect that he or it is engaged in any trade, occupation, business, or profession shall be deemed to be actually engaged in that trade, occupation, business, or profession and shall be liable for the fee.
(Ord. 87-1, passed 3-2-87)
§ 70.10 PURPOSE OF FEES.
The license fees hereby imposed, levied, and collected pursuant hereto, shall be for the purpose of aiding in defraying the expenses of maintaining the city government and shall be placed in the General Fund of the city. (Ord. 87-1, passed 3-2-87)
§ 70.11 FEE SCHEDULE.
(A) The license fee for each person, association of persons, firm or corporation engaged in any trade, occupation, employment, business, or profession shall be $35 per year, except for those trades, occupations, employments, businesses, or professions mentioned specifically in division (B) of this section.
(B) The license fee for each person, association of persons, firm, or corporation engaged in the following trades, occupations, employments, businesses, or professions shall be the amount listed below. For each of the individual classifications the license period shall be for one year, unless a shorter period is specified.
(1) Industrial, residential, or commercial contractors engaged in the
building of new or additional structures or swimming pools or
otherwise engaged in the building trades shall pay annual license fee of
$35.
(2) Contractors who provide only general maintenance, repair, or
remodeling services of a cost of $2,000 or less shall pay a license fee
of $15 per job or may obtain an annual license fee.
(Ord. 87-1, passed 3-2-87)
§ 70.99 PENALTY.
Whoever violates any provision of this chapter shall be fined not more than $250 for each day the violation exists. (Ord. 87-1, passed 3-2-87)
70.01 Definitions
70.02 License required
70.03 License year
70.04 Application; issuance; terms of license
70.05 Transfer of license
70.06 Persons with more than one occupation
70.07 Revocation
70.08 Liability of agents
70.09 Presumption of engaging in business
70.10 Purpose of fees
70.11 Fee schedule
70.99 Penalty
§ 70.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"AGENT." Shall be construed in its usual and contemporary manner, to designate a person, association of persons, firm, company, or corporation who or which conducts a business or activity on behalf of another person or persons.
"MANUFACTURER." Includes all those who may fabricate raw material into finished products for the purpose of marketing these products through wholesalers, agents, dealers, retailers, or directly to consumers, whether they are natural persons, associations of persons, firms, companies, partnerships, or corporations.
"MERCHANT." Includes all those who sell or rent any goods, wares, or merchandise from a storeroom or other permanent location.
"OCCUPATION." Includes any and all trades, businesses, or professions pursued, carried on, or engaged in within the city.
"STORE." A place where merchandise is kept for sale to the public at large.
(Ord. 87-1, passed 3-2-87)
§ 70.02 LICENSE REQUIRED.
There shall be levied an annual occupational license fee upon all persons, associations of persons, firms, and corporations engaged in any trade, occupation, employment, business, or profession, specified or unspecified in this chapter. No person, associations of persons, firms, or corporations shall carry on or conduct any occupation, trade, business, or profession in the city without having obtained an occupational license and having paid the fee therefore as herein required.
(Ord. 87-1, passed 3-2-87) Penalty, see § 70.99
§ 70.03 LICENSE YEAR.
The license year for any person, association of persons, firm, or corporation engaged in any trade, occupation, business, or profession shall be from July 1 of a given year to and including June 30 of the following year, and any person, association of persons, firm, or corporation so engaged shall be required to pay a license fee therefore to the City Clerk-Treasurer/Tax Collector.
§ 70.04 APPLICATION; ISSUANCE; TERMS OF LICENSE.
(A) Upon application to the City Clerk-Treasurer/Tax Collector and the payment by the applicant of the license fee hereinafter provided, the City Clerk-Treasurer/Tax Collector shall issue to the applicant a license to carry on and conduct the trade, occupation, business, or profession for which the license fee is paid. Where under any existing ordinance of the city or any ordinance of the city hereafter passed a special application is required or a bond is executed before entering into that trade, occupation, business, or profession, the City Clerk-Treasurer/Tax Collector shall not issue the license until a formal application has been made, or the bond is properly executed and approved by the Mayor and the City Commission.
(B) All licenses issued under the provisions of this chapter shall have the year in which they are issued printed on the face of same in large figures. It shall be the duty of each person to whom a license is issued to keep the license posted in a conspicuous place in his place of business and the same shall be at all times exposed to public view, or a legible copy of same readily available for inspection by any law enforcement officer if the trade, occupation, business, or profession has no permanent place of business within the city.
(C) No license issued under the provisions of this chapter shall authorize any person to engage in the trade, occupation, business, or profession other than the person to whom the same was issued, unless transferred as provided in § 70.05.
(D) If two or more persons engaged in carrying on a profession compose a firm or partnership, each member of the firm or partnership shall pay the required license fee.
(E) Any person who shall begin to carry on or conduct any trade, occupation, business, or profession, after January 1 of any year, shall be required to pay only one-half of the license fee required therefore. However, the foregoing provisions with reference to the payment of one-half of the license fee shall not apply to any temporary license imposed by any existing ordinance. No refund of any part of a license fee will be made after payment of same and issuance of license to licensees who thereafter cease to do business.
(F) It shall be unlawful for any person to whom a license is issued under the provisions of this chapter to:
(1) Allow or permit any place where such trade, occupation, business, or
profession is conducted under license to be or become a disorderly
house;
(2) Permit any lewd, indecent, or immoral acts to be committed therein, or
on the premises adjacent thereto, under the control of the person
conducting the trade, occupation, business, or profession;
(3) Permit in any such place or premises any loud, boisterous, or obscene
conversation or other noises or nuisances;
(4) Permit the premises to be used for any unlawful or immoral purposes
whatsoever. (Ord. 87-1, passed 3-2-87) Penalty, see § 70.99
§ 70.05 TRANSFER OF LICENSE.
Any license granted or issued under the provisions of this chapter may be transferred by the license and the transferee thereof shall, upon payment of a transfer fee of $5, be entitled to the rights and privileges of the original licensee. No such transfer shall be valid or of any effect whatsoever until the fee of $5 is paid to the City Clerk-
Treasurer/Tax Collector and City transferee and the day of transfer upon the original license and upon the stub thereof. (Ord. 87-1, passed 3-2-87)
§ 70.06 PERSONS WITH MORE THAN ONE OCCUPATION.
In the event any person, firm, partnership, or corporation engaged in any trade, occupation, business, employment, or profession specified in this chapter shall be engaged in one or more trades, occupation, businesses, employments, or professions at the same locations, then and in that event, a license fee shall be charged and paid equal to the highest license fee charged for any one of such trades, occupations, businesses, employments, or professions that the person, firm, partnership, or corporation may be engaged in, which shall be in lieu of all other licenses provided for in this chapter.
(Ord. 87-1, passed 3-2-87)
§ 70.07 REVOCATION.
(A) Procedure. Any license or permit granted under this chapter may be revoked by the Police Chief after notice and hearing, pursuant to the standards in division (B) below. Notice of hearing for revocation shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. This notice shall be mailed to the license at his last known address at least ten days prior the date set for the hearing.
(B) Standards for revocation. A license granted under this chapter may be revoked for any of the following reasons:
(1) Any fraud or misrepresentation obtained in the license application;
(2) Any fraud, misrepresentation, or false statement made in connection
with the business being conducted under the license;
(3) Any violation of this chapter;
(4) Conviction of the licensee of any felony or conviction of the licensee
of any misdemeanor involving moral turpitude; or
(5) Conducting the business licensed in an unlawful manner or in such a
way as to constitute a menace to the health, safety, morals, or general
welfare of the public.
(C) Appeal procedure.
(1) Any person aggrieved by a decision under division (B) of this section
shall have the right to appeal to the City Commission. The appeal shall
be taken by filing with the City Clerk-Treasurer/Tax Collector, within
14 days after notice of the decision has been mailed to that person's last
known address, a written statement setting forth the grounds for appeal.
The City Commission shall set the time and place for a hearing, and
notice for the hearing shall be given to that person in the same manner
as provided in division (A) above.
(2) The order of the City Commission after the hearing shall be final.
(Ord. 87-1, passed 3-2-87)
§ 70.08 LIABILITY OF AGENTS.
The agent of a nonresident proprietor engaged in any trade, occupation, business, or profession on which a fee is levied in this chapter shall be liable on behalf of the nonresident proprietor for the fee levied herein and any penalty which may be vowed, the same as if the agent were the proprietor. (Ord. 87-1, passed 3-2-87)
§ 70.09 PRESUMPTION OF ENGAGING IN BUSINESS.
Any person, association of persons, firm, or corporation representing himself or itself or exhibiting any sign or advertisement to the effect that he or it is engaged in any trade, occupation, business, or profession shall be deemed to be actually engaged in that trade, occupation, business, or profession and shall be liable for the fee.
(Ord. 87-1, passed 3-2-87)
§ 70.10 PURPOSE OF FEES.
The license fees hereby imposed, levied, and collected pursuant hereto, shall be for the purpose of aiding in defraying the expenses of maintaining the city government and shall be placed in the General Fund of the city. (Ord. 87-1, passed 3-2-87)
§ 70.11 FEE SCHEDULE.
(A) The license fee for each person, association of persons, firm or corporation engaged in any trade, occupation, employment, business, or profession shall be $35 per year, except for those trades, occupations, employments, businesses, or professions mentioned specifically in division (B) of this section.
(B) The license fee for each person, association of persons, firm, or corporation engaged in the following trades, occupations, employments, businesses, or professions shall be the amount listed below. For each of the individual classifications the license period shall be for one year, unless a shorter period is specified.
(1) Industrial, residential, or commercial contractors engaged in the
building of new or additional structures or swimming pools or
otherwise engaged in the building trades shall pay annual license fee of
$35.
(2) Contractors who provide only general maintenance, repair, or
remodeling services of a cost of $2,000 or less shall pay a license fee
of $15 per job or may obtain an annual license fee.
(Ord. 87-1, passed 3-2-87)
§ 70.99 PENALTY.
Whoever violates any provision of this chapter shall be fined not more than $250 for each day the violation exists. (Ord. 87-1, passed 3-2-87)
