Chapter 6.04
NONRESIDENT BUSINESS LICENSE¹

Sections:

6.04.010    Purpose.

6.04.020    License required.

6.04.030    Definitions.

6.04.040    Exception.

6.04.050    Application—Nonresident or itinerant merchant.

6.04.060    Application—Persons having no permanent business location.

6.04.070    Fee.

6.04.080    Bond.

6.04.090    Denial of license—Appeal.

6.04.100    License renewal.

6.04.110    Entry without invitation.

6.04.120    Enforcement.

6.04.010 Purpose.

It is the purpose of this chapter to establish licensing procedures for all those persons conducting business in the city and borough, in one form or another without having an established location within the city and borough, to enable the proper city and borough officials to control the collection of sales tax, where applicable, and the enforcement of other city and borough ordinances. (S.C.C. § 6-3-1.)

6.04.020 License required.

It is unlawful:

A.    For any person having no permanent business location; or

B.    For any nonresident or itinerant merchant to engage in business in the city and borough, without having first applied for and received a license so to do and paid the license fee herein provided.

Any person claiming a permanent business location shall at the request of the finance director execute an affidavit to the effect that it is his bona fide intent to remain in business in the city and borough (specifying location) for at least six months. (S.C.C. § 6-3-2.)

6.04.030 Definitions.

For the purpose of this chapter the following terms and phrases shall be defined as follows:

A.    “Nonresident” or “itinerant merchant” includes the terms “solicitor,” “vendor,” “auctioneer,” “peddler,” “hawker,” and “transient salesman” and mean any and all persons temporarily engaging in the sale of any goods, wares, merchandise, services, stock and bonds or other articles within the city and borough, peddled from house to house; sold upon the streets or other public places, or from any room, building, structure, lot or premises temporarily leased or rented for the purpose of carrying on such business; and any persons acting either for himself or for any other person who shall not have a permanent place of residence or business location within the city and borough;

B.    “Permanent business location” means a place of business located separate and apart from a residence with bona fide intent to continue in that location.

(S.C.C. § 6-3-3.)

6.04.040 Exception.

The provisions of this chapter shall not apply to:

A.    Commercial travelers taking orders for goods in the usual course of business where orders are taken solely from residents of the city and borough regularly engaged in wholesale or retail mercantile business;

B.    To nonprofit organizations making casual sales;

C.    To auctioneers who may be engaged to sell a stock or goods, wares or merchandise of a regularly established mercantile business where the same is being sold through regular process of law, or upon assignment for the benefit of the creditors of the owner of the stock of goods, wares and merchandise.

(S.C.C. § 6-3-4.)

6.04.050 Application—Nonresident or itinerant merchant.

A.    Any person desiring to engage in business as a nonresident or itinerant merchant within the city and borough shall make application in writing to the finance director for a license so to do. The application shall state the name and residence of the applicant, the place where the business is to be conducted; the nature of the goods; services, wares, merchandise and articles to be sold; the length of time for which a license is desired; and such other information as the finance director may require.

B.    The chief of police shall be informed of the application and make an investigation of the applicant. Should it be found there are pending criminal charges or his past history shows complaints by customers against his practices and performance, license shall not be issued until the chief of police issues a clearance directed to the finance director.

(S.C.C. § 6-3-5.)

6.04.060 Application—Persons having no permanent business location.

Any person desiring to engage in business within the city and borough who has not a permanent business location shall make application in writing to the finance director for a license so to do. The application shall state the name and residence of the applicant, the place where the business is to be conducted; the nature of the goods, services, ware, merchandise and articles to be sold and such other information as the finance director may require.

Persons residing permanently within the city and borough who conduct business out of their homes or other temporary locations shall be required to obtain an annual license as specified herein but the amount of the license shall be refunded when the first quarterly sales tax return is filed. No bond shall be required. Persons already in business who have filed sales tax returns for the quarter prior to February 14, 1967 are exempt from the requirement to obtain such license provided sales tax returns with proper payment are filed each quarter thereafter. (S.C.C. § 6-3-6.)

6.04.070 Fee.

The fee for such license shall be two dollars per day with a six dollar minimum or twenty-five dollars per year. (S.C.C. § 6-3-7.)

6.04.080 Bond.

The application shall be accompanied by a bond in the amount of one hundred dollars for an annual license and fifty dollars for a license of less than a year. The bond may be cash; or a bond executed by the applicant and a surety company doing business in the state of Alaska and authorized to do business therein; or by the applicant and two or more qualified sureties who are residents of the city and borough and the owners of real property therein; which bond shall be conditioned that all ordinances of the city and borough have been complied with.

(S.C.C. § 6-3-8.)

6.04.090 Denial of license—Appeal.

Any person applying for a license herein provided and complying with the provisions of this chapter, who has been denied a license by the finance director, shall have the right to appeal from the order of denial, to the assembly at any regular or special meeting thereof, and the applicant shall be entitled to a hearing before the assembly at which the assembly must either ratify or disapprove the action of the finance director. (S.C.C. § 6-3-9.)

6.04.100 License renewal.

No person shall continue to do business within the city and borough as a nonresident or itinerant merchant as defined herein after the expiration of the term of the license issued to the applicant, without having first obtained a new license for such further term, if the applicant desires to continue to do business; which new license shall be obtained only upon application and deposit of bond in the manner herein provided, and the same shall be issued only upon the same terms as provided herein. (S.C.C. § 6-3-10.)

6.04.110 Entry without invitation.

Going in and upon private residences and property in the city and borough, by nonresident or itinerant merchants not having been especially invited and requested so to do by the owners and occupants thereof for the purpose of soliciting orders for the sale of goods, wares, merchandise, newspapers and magazines or for the purpose of disposing of, peddling or hawking the same, is declared to be a common and public nuisance. A violation of the provisions of this section shall cause the violator thereof to be subject to punishment as provided in Chapter 1.12. (S.C.C. § 6-3-11)

6.04.120 Enforcement.

A.    It is unlawful for any person to violate Sections 6.04.010 through 6.04.100 hereof.

B.    All license fees, fines and forfeitures collected under the provisions of this chapter, shall be deposited by the finance director into the appropriate city and borough fund; and in addition to any penalties provided therefor, any action may be instituted by the city and borough, and in its name, for the collection of license fees and amounts due under the provisions of this chapter, which action shall be instituted and prosecuted in the manner provided by law for the institution and prosecution of civil actions; and the institution and prosecution of civil actions shall not be a bar to the criminal actions and prosecution herein provided.

(S.C.C. § 6-3-12.)