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HomeMy WebLinkAbout2005-06-02 Ir ORDINANCE NO. AN ORDINANCE REQUIRING A BUSINESS LICENSE OF ALL BUSINESSES OPERATING IN THE CITY OF BATESVILLE, ARKANSAS, AND PROVIDING FOR THE ENFORCEMENT THEREOF. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: Sec. 1. License required. A license shall be required of any person (18 years or older), firm, individual, or corporation who shall engage in, carry on or follow any trade, business, profession, vocation or calling, within the corporate limits of the city, unless exempt by state law. State law reference(s)--License required, A.C.A. § 26-77-102(c); publication of license ordinance required, A.C.A. § 26-77-104. Sec. 2. Liability for license. Any person shall be subject to the requirements of this article if by himself or through an agent, employee or partner, he holds himself forth as being engaged in a business or occupation; or solicits patronage therefore, actively or passively; or performs or attempts to perform any part of such business or occupation in the city. (Code 1973, § 19-2) Sec. 3. Employee defined. An employee, for the purposes of this article, is any partner, corporate officer or other individual who receives any direct or indirect compensation from any entity subject to licensing under section 2. (Code 1973, § 19-17) Sec. 4. License required for each place of business. Any person having more than one place of business within the city shall obtain a license for each place of business. (a) For the purpose of this article, 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. (b) Transient Venders are included once inside the city limits. (Code 1973, § 19-3) Sec. 5. Application. Applications for all licenses required by this article shall be made in writing to the city clerk or other designated agent. Each application shall state the name of the applicant, the location to be used, if any, the time covered and the fee to be paid; and each application shall contain such additional information as may be needed for the proper guidance of the city officials in issuing the license applied for. Each license issued shall bear the signature of the city clerk. All applications required hereunder shall be kept and filed by the city clerk. (Code 1973, § 19-4) (Code 1973, § 19-5) Sec. 6. Term of license; annual payment; publication of expiration dates. All licenses shall terminate 12 months after date of issuance each year and the annual license fee must be paid by the expiration date. The city clerk ( or person designated) shall notify a business prior to the date of such expiration. A failure of such notice, or the failure of the licensee to have actual knowledge of such notice shall not excuse the licensee from a failure to obtain a new license, or a renewal thereof, nor shall it be a defense in an action for operation without a license. (Code 1973, § 19-6) Sec. 7. License fee schedule. (a) Any person who shall engage in, carry on or follow any trade, business, profession, vocation or calling, within the corporate limits of the city shall pay an annual license fee of $25.00 per year for 0-25 employees, $50.00 per year for 26-50 employees, $75.00 per year for 51-75 employees, and $100.00 per year for 76 or more employees. The maximum fee to be paid by any licensee under this article shall be $100.00 per year. The number of employees upon which charge shall be based shall be the average number employed by the applicant during the preceding calendar year. It shall be the duty of the city clerk to determine the number of employees upon which to base the fee and the city clerk shall require of all applicants an affidavit stating the number of employees upon which such a fee shall be paid. In addition, the city clerk may require other proof in order to correctly determine the number of employees upon which the license fee shall be based. State law reference(s)--Cities may classify, define and fix the sums to be paid, A.C.A. § 26- 77-102(d). Sec. 8. Compliance with building and zoning regulations. No license shall be issued for the conduct of any business if the premises and building to be used for the purpose do not fully comply with the requirements of the city. No such license shall be issued for the conduct of any business or performance of any act which would involve a violation of the zoning ordinance of the city. (Code 1973, § 19-7) Sec. 9. Change of location. The location of any licensed business or occupation, or of any permitted act, may be changed, provided ten days' notice thereof is given to the city clerk, in the absence of any provision to the contrary; provided, that the building, zoning and other ordinances of the city shall be complied with. (Code 1973, § 19-8) State law reference(s)--City may promulgate rules and regulations regarding licensing, A.C.A. § 26-77-105. Sec. 10. License not transferable. A license issued under this article shall not be transferable. (Code 1973, § 19-9) Sec. 11. Operation of business constituting nuisance. No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact; nor in violation of any ordinance of this city or state law. (Code 1973, § 19-10) Sec. 12. Inspection of licensed premises. Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or 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 thereto, for the purpose of making the inspection, any officer or employee of the city who is authorized or directed to make such inspections at any reasonable time admission is requested. (Code 1973, § 19-11) Sec. 13. Posting, display of license. It shall be the duty of any person conducting a licensed business in the city to keep his 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. (Code 1973, § 19-12) Sec. 14. Exemptions. The following existing ordinances are not affected by the provisions contained in this article: (1) Any person 17 years old or younger. (2) Any location that the city designates as a location for the farmers market (3) Any franchise ordinance specifically including, but not being limited to, utilities, sanitation service, telephone service and taxicab service. (Code 1973, § 19-13) Sec. 15. Penalty. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor and shall be punished upon conviction by assessment of fines not less than the amount of the license fee provided for herein, nor more than double such amount for each offense plus the cost to the city for collecting said fee. There shall be a thirty (30) day grace period in which the business may obtain its license after notification by the code enforcement officer or his designated agent. (Code 1973, § 19-15) State law reference(s)--Authority to punish violations, A.C.A. § 26-77-102(e); maximum penalty double license fee plus costs, A.C.A. § 26-77-101 . Sec. 16. Carnivals and sideshows prohibited; exception. It shall be unlawful to operate a carnival, sideshow or other similar amusement facility within the city except upon compliance with the following mandatory requirements: A charitable nonprofit association, group or other organization may sponsor or operate an amusement facility as defined above upon the approval thereof by resolution adopted by the city council. Application for approval by the council shall be accompanied by detailed information regarding the activities and mode of operating such amusement facility. Any person violating any provision hereof shall, upon conviction, be subject to the penalty provided in section 15. L Adopted this 4` day of , 2005. Joe M. Biard, Mayor Attest: tri Denise M. Johnston, City Clerk