Chapter 5.04
GENERAL PROVISIONS*
Sections:
5.04.005 Purpose of Provisions
5.04.015 Conducting Business without Registration Pursuant to This Chapter Deemed Unlawful
5.04.020 General Powers of City Officers
5.04.030 Authorization–Investigations
5.04.050 Duties of Finance Director
5.04.060 Registration Required for Each Place of Business
5.04.065 Registration to Be Carried or Displayed at All Times–Exhibition on Demand
5.04.070 Health Certificate or Permit
5.04.075 Transferability and Assignability
5.04.090 Registration Fee Required
5.04.100 Violation and Penalty
* Prior legislation: Ord. 741 and prior code §§ 16-1 through 16-11.
5.04.005 Purpose of Provisions
The purpose of this chapter shall be to require the registration of all business activities and enterprises physically located within the City and to provide the City with necessary information concerning the businesses within the City, including but not limited to the nature of the business enterprise, the number of employees, place of business, and emergency contacts, in order to protect the health, welfare and safety of the City’s inhabitants and also to assist in the establishment and development of businesses within the City. (Ord. 1224 (part), 2014: Ord. 995 § 1 (part), 2006)
5.04.010 Definitions
For the purposes of this chapter, the following terms, phrases, words, and their derivatives shall have the meanings given in this section:
Amusement, Public, Commercial. "Public, commercial amusement" means any person engaged in unloading or loading circus animals or equipment within the City limits, staging carnival or circus parades on City streets, or carrying on, within the corporate limits of the City, a commercial amusement enterprise or business for profit, including, but not limited to, carnivals, tent shows, circuses, tent animal shows, menagerie or ring shows, traveling tent shows, traveling open air shows, public exhibitions or amusements not shown in licensed theaters, any collection of shows, exhibitions, feats of strength, merchandise booths, games of skill, fortunetelling, games of chance, wheels of fortune or any other collection of amusement devices presented to or offered for the use of the public within the City limits.
"Business" means and includes all kinds of vocations, occupations, home occupations, professions, enterprises and establishments, any of which are conducted on any premises in the City or anywhere else within its jurisdiction, including religious revivals or similar activities.
Carnival. See "Amusement, Public, Commercial."
"Finance Director" means the director of finance of the City of Winslow, or such person’s designee.
"Peddler" means any person who travels from place to place or who has a stand on any public street or alley or in the doorway of any room or building or on any lot or parcel of land and who sells or offers for sale any goods, wares or merchandise in his possession.
Peddlers shall be classified as follows:
1. Retail peddler with a fixed place of business;
2. Retail peddler with no fixed place of business;
3. Wholesale peddlers, with or without fixed place of business.
"Peddler of medicines or drugs" means any person engaged in or carrying on the business of a peddler of medicines, ointments, drugs or medical compounds, or any appliance or appliances for the treatment of diseases or injuries, by soliciting from house to house, or by using music or entertainment, in any form, or by lecturing in any public hall or building, or upon a public street, alley or other public place, doorway of any room or building or lot or parcel of land, whether the actual sale of such commodities is made upon such premises or elsewhere.
"Premises" means and includes all land, structures and places, and the equipment and appurtenances connected or used therewith, in any business, and also any personal property which is either affixed to, or otherwise used in connection with, any such business conducted on such premises.
"Solicitor," "canvasser," "demonstrator" or "salesman" means any person taking orders for any goods, wares or merchandise for future delivery, and not having a regular established place of business in the City, or who is not the agent or representative of a regular established place of business in the City. (Ord. 1224 (part), 2014: Ord. 995 § 1 (part), 2006)
5.04.015 Conducting Business without Registration Pursuant to This Chapter Deemed Unlawful
A. It is unlawful for any person, whether as a principal, agent, clerk or employee, either for himself or for any other person, corporation or otherwise, to commence, carry on or establish any kind of business within the City without first having registered with the City to do so and without complying with any and all regulations of such business contained in this chapter.
B. Any person, business or enterprise transacting retail sales within the City, whether or not said sales are ongoing and whether or not the business maintains fixed business premises in the City, is required to register the business pursuant to this chapter and to obtain a sales tax license and remit City sales tax in compliance with the appropriate sections of State law. This subsection includes, but is not limited to, peddlers, peddlers of medicines or drugs, solicitors, canvassers, demonstrators and salesmen. (Ord. 1224 (part), 2014: Ord. 995 § 1 (part), 2006)
5.04.020 General Powers of City Officers
A. The Finance Director, Police Chief and City Inspector, in the discharge and performance of their duties, shall have and exercise the power:
1. To enforce all of the provisions of this chapter;
2. To enter for due cause, free of charge, the public portion of any place of business for which an occupational license is required by this chapter, and to demand the exhibition of the license for the current term from any person engaged or employed in the transaction of such business.
B. It is the duty of City officers having knowledge to cause complaints to be filed against all persons violating any of the provisions of this chapter.
C. With the approval of the City Council, some or all of the duties and authority of the above- named City officers as set out in this chapter may be delegated to another individual or entity, but that individual or entity shall fully perform the duties of the officers as set out in this chapter. (Ord. 1224 (part), 2014: Ord. 995 § 1 (part), 2006)
5.04.030 Authorization–Investigations
A. Upon the receipt of the registration, where any provision of this code necessitates an inspection or further investigation, the Finance Director shall refer the registration to the proper officer, board or commission for making such investigation.
B. Registration does not permit the conduct of any business if the premises to be used for the business, or the proposed conduct of such business, does not fully comply with the requirements of this code or State or federal law.
C. Registration does not permit the conduct of any business or performance of any act which would constitute a violation of the zoning code of the City or any other provision of this code. (Ord. 1224 (part), 2014: Ord. 995 § 1 (part), 2006)
5.04.040 Registration Form
Every person required to register under the provisions of this chapter shall submit a form for such registration to the Finance Director. The form shall:
A. Be a written statement upon forms provided by the Finance Director. Such forms shall include an affidavit signed by the registrant stating the name of the business, owner or owners of the business, manager of the business, if any, the address and telephone number of the business, the number of employees, and the nature of the business;
B. Require the disclosure of all additional information necessary for compliance with this chapter and any other information which the Finance Director finds to be reasonably necessary to the fair administration of this chapter; and
C. Be submitted to the Finance Director prior to commencement of business within the City. (Ord. 1224 (part), 2014: Ord. 995 § 1 (part), 2006)
5.04.045 Public Record
The information collected by the Finance Director as part of the Finance Director’s duties and the information provided in the registration forms as referred to in this chapter shall be a public record. (Ord. 1224 (part), 2014: Ord. 995 § 1 (part), 2006)
5.04.050 Duties of Finance Director
The Finance Director shall:
A. Enforce all reasonable rules and regulations necessary to the operation of this chapter;
B. Adopt all forms and prescribe the information to be given in such forms;
C. Require registrants to submit all affidavits and oaths necessary to the administration of this chapter;
D. Submit all registrations to interested City officials for their review as to compliance by the registrant with all City ordinances, rules and regulations which such officials have the duty to enforce; and
E. Maintain a listing of all registered businesses located within the City. (Ord. 1224 (part), 2014: Ord. 995 § 1 (part), 2006)
5.04.055 Fee–Term
There shall be no fee to register a business and such registration shall remain in effect until such time as the registrant no longer conducts such business within the City limits or until such time as the ownership of such business changes. (Ord. 1224 (part), 2014: Ord. 995 § 1 (part), 2006)
5.04.060 Registration Required for Each Place of Business
A separate registration must be made for each branch, establishment or separate place of business in which the business is carried on. In the event that the physical location of the business changes or there are substantial changes in information required on the registration form, an updated registration shall be required. (Ord. 1224 (part), 2014: Ord. 995 § 1 (part), 2006)
5.04.065 Registration to Be Carried or Displayed at All Times–Exhibition on Demand
Every person required to register a business under this chapter shall post such registration form and exhibit the same while in force in a conspicuous part of such place of business or shall produce said registration upon demand by an official of the City. (Ord. 1224 (part), 2014: Ord. 995 § 1 (part), 2006)
5.04.070 Health Certificate or Permit
Where any business is subject to the inspection for, or issuance of, a certificate of health or sanitary examination for the operation of such business, the applicant must produce such certificate or permit to the City before business may commence. (Ord. 1224 (part), 2014: Ord. 995 § 1 (part), 2006)
5.04.075 Transferability and Assignability
All registrations issued hereunder are nontransferable and nonassignable. However, the Finance Director may authorize the transfer or assignment of the registration to any other person by written endorsement thereon, when the original registrant has sold or otherwise disposed of his interest in the business for which such registration was issued and the transferee or assignee thereof has complied with all other provisions of this chapter. (Ord. 1224 (part), 2014: Ord. 995 § 1 (part), 2006)
5.04.080 Revocation
The Finance Director, upon seven (7) days’ written notice to a registrant, stating the contemplated action and in general the grounds therefor, and after a reasonable opportunity for the registrant to be heard, may revoke any registration filed with the City if the Finance Director finds that:
A. The registrant has failed to file any reports or furnish any other information that may be required by any provisions of this code relating to the specific business;
B. The registrant has violated any of the provisions of this code pertaining to the business, or any regulation or order lawfully made relating thereto; or
C. The registration contains a material omission or misstatement of fact. (Ord. 1224 (part), 2014: Ord. 995 § 1 (part), 2006)
5.04.090 Registration Fee Required
Notwithstanding any other provisions of this chapter, a registration fee shall be required for all businesses specified below:
|
A. |
Amusement, Public, Commercial. (See also Merry-Go-Round, Tent Show, Dog and Pony Show.) |
|
|
1. |
Carnival company not showing under a tent, for each day’s exhibition |
$150.00 |
|
2. |
Circus, animal show, carnival or other tent show, showing outside City limits, using City streets for parade only, per day |
$150.00 |
|
3. |
Circus, animal show, carnival or other tent show, showing outside City limits, and using City streets for loading and unloading only, per day |
$75.00 |
|
4. |
Circus, animal show, carnival or other traveling tent or open air show performing within the City limits, per daily performance |
$150.00 |
|
B. |
Dog and pony show, daily |
$25.00 |
|
C. |
Merry-Go-Round, Whip, Ferris Wheel, or Other Riding Device. Not in connection with carnivals or other shows, per day |
$25.00 |
|
D. |
Tent Show. Other than carnivals or circuses, per day |
$50.00 |
|
E. |
Tent show/revival, or other religious or nonreligious program conducted in a tent or canopy |
$50.00 |
(Ord. 1224 (part), 2014: Ord. 995 § 1 (part), 2006)
5.04.100 Violation and Penalty
A. The carrying on of any business as provided in this chapter, without first having registered with the City or without complying with any of the requirements of this chapter, shall be deemed a separate violation of this chapter for each and every day that such business is carried on.
B. Violation of any provision of this chapter shall constitute a Class 3 misdemeanor and shall be punishable pursuant to State law. (Ord. 1224 (part), 2014: Ord. 995 § 1 (part), 2006)