All specific provisions of this chapter shall control over general
provisions.
(Ord. 25 § 4(k), 1978)
For the purposes of this chapter, the words set forth in this
section shall have the following meanings:
includes every pursuit, trade, occupation, avocation, employment,
business or calling.
means any person acting within the scope of the employer's
business within the limits of the city.
For the purpose of determining the average number of employees
employed during the year, the number of full-time and/or equivalent
part-time persons employed at or near the fifteenth day of each month
during the year in which the business is transacted within the city
shall be added together and the sum total shall be divided by the
number of months or fractions of months said business is in operation,
fractions omitted. Equivalent part-time persons employed means the
cumulative hourly total of part-time employees converted to equivalent
full-time employees (example: two half-time employees equal one full-time
employee).
means the place actually occupied either continuously or
at regular periods by any person required to be permitted pursuant
to this chapter and where such persons, books and records are kept
and a large share of his business transacted.
includes any person, whether principal or agent, whether
a resident of the city or not, who goes from house to house or to
only one house, or upon any street, sidewalk, alley, or in any park
or public place in the city, conveying goods, wares, merchandise,
magazines, periodicals or other publications, regularly published
newspapers excepted, or any coupon certificate, ticket or card which
is redeemable in goods, wares, merchandise, or services, or offering
the same for sale, or making sales and delivering articles to purchasers.
It does not include vendors of milk, bakery products, produce, groceries,
ice cream or ice, who distribute their products to regular customers
on established routes.
includes person, corporation, firm, agency, copartnership
or association, and also includes the singular and plural, masculine,
feminine and neuter.
includes all sales of goods, wares, merchandise or services
to a consumer.
includes any person, whether principal or agent, whether
a resident of the city or not, who goes from house to house, or to
only one house, or upon any street, sidewalk, alley, or in any park
or public place in the city, soliciting or taking orders for sales
of goods, wares, merchandise, magazines, periodicals, or other publications,
regularly published newspapers excepted, or personal property of any
nature whatsoever, or any coupon, certificate, ticket or card which
is redeemable in goods, wares, merchandise or services, for future
delivery, or for service to be performed in the future, whether or
not such individual has, carries or exposes for sale a sample of the
subject of such order or whether he is collecting advance payments
on such orders, or who solicits, takes or attempts to take public
opinion polls, consumer surveys or by such contacts attempts to secure
familiar information. Such definition includes any person who uses
any building, motor vehicle or other place within the city for the
primary purpose of exhibiting samples and taking orders for future
delivery, or one who, as an invitee of a purchaser or prospective
purchaser or otherwise, solicits a sale or who exhibits any sample
or gives a demonstration or makes a delivery within the city after
a purchaser or prospective purchaser has been solicited or contacted
by telephone, correspondence or other method of communication from
within the city. Such definition includes the term "canvasser."
includes any person, whether a resident of the city or not,
who engages in a temporary business of selling and delivering goods,
wares and merchandise within the city, and who, in furtherance of
such purpose, leases, uses or occupies any building, motor vehicle,
public room in a hotel or shop or other place within the city for
the exhibition and sale of such goods, wares and merchandise, either
privately or at public auction; provided, that such definition shall
not be construed to include any person, firm or corporation who, while
occupying such temporary location, does not sell from stock, but exhibits
samples for the purpose of securing orders for future delivery only.
The person, firm or corporation so engaged shall not be relieved from
complying with the provisions of this chapter merely by reason of
associating temporarily with any local dealer, merchant, or auctioneer
or by conducting such transient business in connection with, as a
part of, or in the name of any local dealer, merchant or auctioneer.
includes all sales of goods, wares, merchandise or services
to a retailer.
(Ord. 25 § 4(a)—(j),
1978)
It is unlawful for any person, or for any person as agent, clerk
or employee, either for him or herself or for any other person, within
the corporate limits of the city to transact, engage in, or carry
on any business, show, exhibition, or game, specified in this chapter
without first having procured a permit therefor, as in this chapter
required.
(Ord. 25 § 1, 1978)
The amount of any permit imposed by this chapter shall be deemed
a debt to the city and any person, or any person as agent, clerk,
or employee, either for him or herself or for any other person transacting,
engaging in, or carrying on any business, show, exhibition, or game,
specified in this chapter without having a permit from the city to
do so, shall be liable to an action in the name of the city in any
court of competent jurisdiction for the amount of permit imposed by
this chapter.
(Ord. 25 § 3, 1978)
Before any permit is issued to any person, such person shall
make written application therefor to the city treasurer. Such application
shall:
A.
State
the nature or kind of business or enterprise for which the permit
is required;
B.
State
the place where such business or enterprise will be transacted or
carried on;
C.
State
the name of the owner of the business or enterprise;
D.
Be signed
by the applicant.
(Ord. 25 § 5(A--D), 1978)
A.
Before
any permit is issued to any person doing business in the following
categories, application for a business permit must be made to and
a permit issued by the city treasurer:
(Ord. 25 § 5(E), 1978; Ord. 37 § 1, 1978; Ord. 105 § 1, 1984; Ord. 124 § 2, 1985; Ord.
160 § 1, 1989)
A.
Upon
application therefore as provided in this chapter, it shall be the
duty of the city treasurer to prepare and issue a permit under this
chapter.
B.
No permit
shall be issued unless a full compliance is had with all ordinances
of the city, and where laws of the state require a person to be permitted
under and by virtue of its laws, the same shall be a condition precedent
to the granting of a permit by the city, and if the applicant so required
to be permitted by the state has failed to comply with the laws of
the state, no permit shall be issued by the city.
C.
If any
permit has been issued through error, the same shall be void and of
no force and effect.
D.
In no
event shall any mistake or error made by the city treasurer in stating
the amount of a permit provided in this chapter, prevent the collection
by the city of an amount that shall be actually due from any person
transacting or carrying on a business subject to a permit under this
chapter.
(Ord. 160 § 1, 1989)
A.
Each
permit granted or issued under the provisions of this chapter shall
authorize the permittee to transact or carry on the business or calling
therein designated and at no other place, and the said permit shall
not be assignable or transferable. However, a change of location shall
be allowed to the owner of the permit upon the payment to the city
treasurer of the sum of two dollars.
B.
The
city treasurer shall make a charge of two dollars for each duplicate
of a permit issued under the provisions of this chapter which has
been lost or destroyed.
(Ord. 25 § 7, 1978)
All permits must be kept and posted in the following manner:
A.
Subject
to other provisions of this code, any permittee engaged in business
at a fixed place of business shall keep the permit issued posted in
a conspicuous place upon the premises where such business is conducted.
B.
Any
person engaged in business in the city, but not operating from a fixed
place of business, shall keep the permit issued to him or her upon
his person at all times while engaging in such business.
C.
Each
permittee shall at all times, when requested, exhibit said permit
to any police officer or other official of the city.
(Ord. 25 § 8, 1978)
All permits shall be paid in advance in the lawful money of
the United States at the office of the city treasurer; provided, however,
that the permits required to be paid by the provisions of this chapter
shall be due and payable from and after the first day of July, 1978.
All permits charged on an annual basis shall be prorated for the year
1978 and shall be due and payable on July 1, 1978 and the first day
of each January thereafter. Said permits shall be delinquent thirty
days after the same are due and payable, except monthly and quarterly
permits which shall be delinquent ten days after the same becomes
due and payable.
(Ord. 25 § 10, 1978)
A.
The
monthly permit provided in this chapter shall be due and payable to
the city on the first day of each month, in advance, unless otherwise
specifically provided in this chapter, from all persons who have for
the previous month been permitted to carry on the same business, show,
exhibition or game (and from all persons who have not been permitted
for the previous month for the same business, show, exhibition or
game).
B.
The
quarterly permit provided in this chapter shall be due and payable
to the city on the first days of January, April, July and October,
in advance, and all such permits shall expire with the last days of
March, June, September and December of each year; provided, however,
that any person desiring to do so may pay for and procure all four
quarterly permits at the time the first quarterly permit becomes due
and payable under the provisions of this chapter.
C.
The
daily and weekly permits provided in this chapter shall be due and
payable to the city in advance.
D.
The
annual permits provided in this chapter shall be due and payable to
the city on the first day of January of each year, in advance.
E.
No greater
or less amount of money shall be charged or received for any permit
than is provided in this chapter, and no permit shall be sold or issued
for any part of time other than is provided in this chapter, and there
shall be no rebate given for any unused portion of the term except
as otherwise specifically provided in this chapter.
(Ord. 25 § 12, 1978)
A separate permit shall be obtained for each separate business,
or each branch establishment, or separate place of business in which
a business, show, exhibition, or game is transacted, conducted, or
carried on, only that business, show, exhibition or game described
in such permit, and which is indicated thereby; provided further,
that where a permit is imposed in this chapter upon any business,
show, exhibition, or game in which the average number of employees
of such business or the number of business transactions is made the
basis for ascertaining the amount of such permit, a separate permit
tax shall be paid for each branch establishment or place of business
in which the business, show, game, or exhibition is transacted, conducted,
or carried on, based upon the average number of employees or number
of business transactions of each such branch establishment or separate
place of business. Any person conducting more than one business in
the same storeroom shall not be required to pay more than one permit
tax; provided, however, such additional business is so conducted by
him or her shall be one that is ordinarily and customarily conducted
in connection with such other business.
(Ord. 25 § 11, 1978)
All moneys collected under this chapter shall be deposited in
the general fund of the city by the city treasurer.
(Ord. 25 § 13, 1978)
A.
The
city council may at its option and good cause appearing therefor,
waive the payment of any concert, exhibition, lecture or entertainment,
the nature of which in view of public morals and well-being, meets
with the approval of the city council and where the major portion
of the receipts, if any, derived therefrom are to be used solely for
charitable or benevolent purposes within the city and not for the
purpose of private gain.
B.
The
city council may at its option and good cause appearing therefor,
waive the payment of any permit fee required by this chapter to be
paid by any religious, charitable, fraternal, educational, military,
state, county, or municipal organization for the conducting or staging
of any entertainment, dance, concert, exhibition or lecture, the nature
of which in view of public morals and well-being, meets with the approval
of the city council, and where the major portion of the receipts,
if any, derived from any of the same are to be used wholly for the
benefit of such organization and not for the purpose of private gain
of any individual.
(Ord. 25 § 37, 1978)
None of the permit fees provided for by this chapter shall be
so applied as to occasion an undue burden upon the interstate commerce.
(Ord. 25 § 39, 1978)
This chapter shall never be construed, or held as licensing
or permitting the carrying on of any unlawful trade, calling, occupation,
game or amusement and every such trade, calling, occupation, game
or amusement is prohibited, and no permit shall be granted or issued
therefor.
(Ord. 25 § 40, 1978)
If the permits in this chapter provided shall not be paid on
or before the 31st day of the month following the date when it shall
become due, as provided in this section, then a penalty in the amount
equal to twenty-five percent of the permit tax due and payable shall
be added thereto. If the permits in this chapter shall not be paid
on or before sixty days following the date when it shall become due,
then a penalty in the amount of one hundred percent of the permit
tax due and payable shall be added thereto. No permit shall be issued
until such penalty shall have been paid, and in addition thereto,
such delinquent permittee shall be liable for prosecution and the
penalty provided in this section for failure to pay his permit as
required by this chapter.
(Ord. 25 § 41, 1978; Ord. 72, 1981)
No person shall wilfully make a false statement or fail to report
any material fact in any application for any permit under the provisions
of this chapter.
(Ord. 25 § 42, 1978)
Failure to display a permit or receipt as provided in this chapter
shall constitute a violation of this chapter.
(Ord. 25 § 36, 1978)
