Chapter 5.05
BUSINESS LICENSE
Sections:
5.05.040 Application and issuance.
5.05.050 Fees – Payment – Term of licenses.
5.05.060 Number of licenses required.
5.05.070 License to be exhibited.
5.05.080 Town clerk – Duties and powers.
5.05.100 Prorating annual fees.
5.05.110 Denial – Restrictions – Suspension – Revocation.
5.05.010 Definitions.
In this chapter, unless the context otherwise requires, the following words and phrases shall be construed as follows:
A. “Business” means all activities or acts including any occupation, trade, calling, or profession, whether personal or corporate.
B. “Transaction of business” means to practice, carry on, engage in, or operate a business with the object of profit, gain, benefit or advantage, either direct or indirect, whether or not profit is actually generated. [Ord. 2019-137 § 1; Ord. 2012-064 § 3; Ord. 2012-062 § 2.]
5.05.020 License required.
A. It is unlawful for any person, whether as principal or agent, either for himself or for another person, or for any corporation, or as a member of any firm or partnership, to commence, practice, transact or carry on any trade, calling, profession, occupation or business within the town limits without first having procured a license from the town to do so and without complying with all regulations of such trade, calling, profession, occupation or business as specified or required by the United States government or the state of Arizona and its political subdivisions. No license shall be issued without proof by the applicant of such compliance and verification by the town clerk that no violation of the town’s zoning or sales tax regulations will occur by such issuance.
B. The practicing or carrying on of any trade, calling, profession, occupation or business by any person, corporation or partnership without first having procured a license from the town to do so, or without complying with any and all regulations of such trade, calling, profession, occupation or business, as required by other law or by this chapter, shall constitute a separate violation of this chapter for each and every day that such trade, calling, profession, occupation or business is practiced, carried on or conducted within the town. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.05.030 Exemptions.
The only exceptions to the licensing requirements of this chapter shall be:
A. Nonprofit educational institutions, fraternal and service clubs, bona fide religious organizations, and agencies of any federal, state or local governments.
B. Nonprofit private clubs where a basic membership fee covers the cost of the use of the facilities.
C. Community organizations/events upon approval of the town clerk.
D. Businesses and trades which are exempt from licensing and tax regulations under federal and state statutes. [Ord. 2019-137 § 1; Ord. 2012-064 § 4; Ord. 2012-062 § 2.]
5.05.040 Application and issuance.
A. It shall be the duty of the town clerk to design an application for a license, and, upon receipt of a properly completed application, issue a license under this chapter.
B. In no case shall any mistake made by the town clerk in issuing any license or collecting the amount of fee for any license or the amount actually due from any person required to pay for a license as provided herein prevent, prejudice or stop the town from collecting the correct amount of fee for any license or the amount actually due from any person required to pay for a license as provided herein, or revoking any license erroneously issued and refunding the fee collected.
C. Any change in information required to be submitted by this chapter must be provided to the town clerk on a form provided by the town clerk for that purpose within 10 calendar days of any such change. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.05.050 Fees – Payment – Term of licenses.
A. The fee for any license issued under this chapter shall be as set forth in Chapter 3.10 STC.
B. No greater or lesser amount of money shall be charged or received by the town clerk for any license than is provided for in this chapter, and no license shall be issued for any period of time other than as provided herein.
C. All fees for a license required by this chapter shall be paid in advance and in lawful money of the United States of America at the office of the town clerk.
D. The renewal fee for all licenses provided herein shall become due and payable on July 1st of each year, except that any new license fee shall become due and payable and be paid on or before the day of commencing to carry on, transact, or practice the trade, calling, profession, occupation or business for which a license is required by this chapter.
E. Any person, firm, company or corporation who discontinues the business, trade, calling, profession or occupation during the period covered by the current license shall not be entitled to any refund of license fees for that portion of the period remaining after discontinuing the business, trade, calling, profession or occupation. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.05.060 Number of licenses required.
A. A separate fee for a license shall be paid for each branch establishment or separate place of business in which any person, corporation or partnership shall carry on, transact or practice a trade, calling, profession, occupation or business.
B. When more than one trade, calling, profession, occupation or business is carried on, transacted or practiced by the same person, corporation or partnership at one fixed place of business, only one license shall be required and the fee for such license shall be the fee applicable to any of the activities, and all activities shall be listed on the license issued. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.05.070 License to be exhibited.
A. Each person, corporation or partnership having a license shall keep said license, while in force, at some conspicuous place or location within the place of business.
B. Each person, corporation or partnership having a license shall produce and exhibit the same whenever requested to do so by the town clerk, any police officer or any agent of the town authorized to issue, inspect, or collect licenses. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.05.080 Town clerk – Duties and powers.
A. The town clerk, or his or her assigns, and all police officers of the town, in addition to their several duties, are hereby authorized to see that all required licenses are obtained. The town clerk shall maintain a record for each license issued and record the reports of violations therein.
B. The town clerk, or his or her assigns, and all police officers of the town, each in the discharge and performance of his or her duties, shall have and exercise the following powers:
1. To issue a citation for any violation of the provisions of this chapter.
2. To enter, free of charge and at any reasonable time, any place of business for which a license is required by this chapter and to demand exhibition of the license for the current period of time from any person, corporation or partnership engaged in carrying on, transacting or practicing any trade, calling, profession, occupation or business at such place of business and, if such person, corporation or partnership shall fail then and there to exhibit such license, such person, corporation or partnership shall be liable to the penalties provided for violation of this chapter. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.05.090 Transfer of license.
No license issued under the provisions of this chapter shall be assigned or transferred to any other person, corporation or partnership without first obtaining permission from the town. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.05.100 Prorating annual fees.
If an application for a business license is filed after July 1st of any year, and a license is granted for fewer than 12 months, the business license fee shall be prorated for the number of partial or full months the license is effective. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.05.110 Denial – Restrictions – Suspension – Revocation.
Licenses issued under the provisions of this chapter may be denied, restricted, suspended or revoked by the town clerk, after notice, for any of the following causes:
A. Fraud, misrepresentation or material false statement contained in the application for license or made in the course of carrying on the business.
B. Conducting business in violation of any town ordinance, county ordinance, state law or federal law. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]