Chapter 5.06 LICENSING PROCEDURE

The city manager or his authorized deputy shall serve as license collector and administrator of the business license law. He shall formulate in writing all necessary rules and regulations to carry out the provisions of this title, and in general shall do all things necessary and proper to carry out the spirit and intent of this title. (Ord. 316 § 12, 1973; prior code § 6303).

5.06.020 City manager – Deputy license collectors – Powers.

Deputy license collectors shall be directly responsible to the city manager and under his control and direction. The city manager and said deputy license collectors shall have the power, in their respective territories, to examine all places of business and persons liable to pay for a license, and to see that such licenses are taken out. (Ord. 316 § 12, 1973; prior code § 6312).

5.06.030 City manager – Additional powers.

The city manager shall have, in addition to all other powers conferred upon him, for good cause shown, the power to extend the time for filing any statement required by BGMC 5.06.080 for a period of not to exceed 30 days, and in such case may waive any penalty that would have otherwise accrued. He may, with the approval of the council and the written approval of the city attorney, compromise any claim for license fee subject to the provisions of this title. (Ord. 316 § 12, 1973; prior code § 6321).

5.06.040 Application – Form – Additional information – Filing.

All applications for licenses shall be in writing upon a form issued by the city manager. The applicant, in addition, shall submit, in writing, any further information or evidence required by the city manager. The application shall be verified or sworn, under penalty of perjury, by the applicant, and shall be filed with the city manager. (Ord. 316 § 12, 1973; prior code § 6317).

5.06.050 Application – Financial information confidential.

All financial information filed pursuant to the provisions of this chapter for the purpose of ascertaining business license fees shall be received in confidence and shall not be available for public inspection. (Ord. 465 § 5, 1983; Ord. 316 § 2, 1973; prior code § 6322).

5.06.060 License fee – Computation – Generally.

The license fee shall be in the amounts established in Chapter 5.08 BGMC. The city manager, in his discretion, shall determine the amount of the business license fee in accordance with the provisions of Chapter 5.08 BGMC and upon the information supplied to the city manager by any other city officer or enforcement agency. In addition, in computing the license fee, the city manager shall be governed by the rules in BGMC 5.06.070 through 5.06.090. (Ord. 316 § 12, 1973; prior code § 6318).

5.06.070 License fee – Computation – Average employee determination.

Where the license fee is based in whole or in part upon the number of persons employed, an average employee shall be used for the computation of the license fee as follows:

A. The average employee, as used in this section, shall be computed at the rate of one employee for each 260 working days or fractions thereof performed by the employees or agents of said business, profession, trade, or occupation within the city. In computing the average employee, the proprietor, or proprietors, shall not be counted. “Working days or fractions thereof” means those performed within the city.

B. In computing the average employee, the city manager shall take the total working days or fractions thereof performed by all employees or agents of the applicant who are performing work within the city, and divide the same by 260. The result is the “average employee,” in the abstract sense, which shall be used for business license computation. (Ord. 316 § 12, 1973; prior code § 6318(a)).

5.06.080 License fee – Computation – Written statement.

A. In all cases where the amount of the license fee to be paid by any person is based upon the average number of employees or any other variable basis, such person, before obtaining a license, shall submit to the city manager, upon such form or in such manner as directed by the city manager, a written statement, sworn to before an officer authorized to administer oaths, or certified to under penalty of perjury, showing a schedule of license fees required to be paid in accordance with the provisions of the business license law, and setting forth in concise fashion and in the manner requested by the city manager the basis for determining the number of average employees or other variable factor.

B. The city manager shall not be bound by this statement and may investigate, audit, approve, or disapprove the estimation therein contained. In the case of dispute, the decision of the city manager shall be final. The city manager shall, on the basis of said sworn or certified statement, or on the basis of any investigation or audit of the city manager, set the license fee in accordance with the business license law. (Ord. 316 § 12, 1973; prior code § 6318(b)).

5.06.090 License fee – Computation – Reassessment.

Any license fee estimated shall be subject to review and reassessment by the city manager upon prior notice to the license holder when the city manager has obtained new and additional evidence clearly showing that the computation of the license fee was in error. (Ord. 316 § 12, 1973; prior code § 6318).

5.06.100 License fee – Payment.

All license fees shall be paid in advance in lawful money of the United States. The amount to be paid shall be determined in the discretion of the city manager and in accordance with the terms and provisions of this title. (Ord. 316 § 12, 1973; prior code § 6315).

5.06.110 License – Term.

Except in cases where shorter license terms are specifically provided for in this title, all business licenses issued under the provisions of this title shall be for a period of one year, commencing at 12:01 a.m. on the date on which an application for such license is filed with the city, and expiring on midnight of the three hundred sixty-fourth day thereafter; provided, however, that the city manager is authorized to convert any or all categories of business licenses to calendar year (January 1st – December 31st) or a fiscal year renewal basis. In the transition to such a uniform renewal system, licenses may be issued for more than or fewer than 12 months, with fees prorated. (Ord. 465 § 6, 1983; Ord. 335 § 2, 1975; Ord. 278 § 2, 1971; prior code § 6313).

5.06.120 License – Person in debt to city – Issuance restrictions.

No license for any succeeding current or unexpired license period shall be issued knowingly to any person who, at the time of making application for such license, is indebted to the city for any unpaid license fee; provided, that the city manager or his duly authorized deputy may enter into an agreement with any person indebted to the city for the nonpayment of license fees for any past license period, agreeing that such person may pay delinquent license fees for any past license period in equal installments extending over a period not to exceed one year. In such agreement, the debtor shall acknowledge its debt to the city, and agree that the whole amount agreed to be paid shall become immediately due and payable in case default is made in the payment of any installment agreed to be paid thereunder and that, in case a suit is brought to enforce collection of the amount agreed to be paid under such agreement, the debtor will pay all costs of suit incurred by the city. When such agreement is executed, licenses for any current or ensuing license period may be issued to any such person paying the fee prescribed for the current or ensuing license period, together with penalties, if any. (Ord. 136 § 12, 1973; prior code § 6304).

5.06.130 License – Posting and keeping – Generally.

Except as otherwise specifically provided by the provisions of this title, all licenses must be kept and posted in the manner prescribed in BGMC 5.06.140 through 5.06.170. (Prior code § 6307).

5.06.140 License – Posting and keeping – Fixed place of business.

Subject to other provisions of this title, any licensee engaged in business at a fixed place of business shall keep the license issued posted in a conspicuous place upon the premises where such business is conducted. (Prior code § 6307(a)).

5.06.150 License – Posting and keeping – No fixed place of business.

Any person engaged in business in the city, but not operating from a fixed place of business, shall keep the license issued to him upon his person at all times while engaged in such business. (Prior code § 6307(b)).

5.06.160 License – Posting and keeping – Vehicles, carts, baskets.

As directed by the city manager, each person driving, operating, or having control of any wagon, cart, or other vehicle, or using or controlling any tray, basket, or other receptacle, or controlling, possessing, or operating any machine, device, or equipment, including vending machines, where a license is required under the provisions of this title, shall fix thereon a license, tag, plate, or decal as issued by the city manager at the place directed by the city manager, or, if the city manager so directs, shall procure a license holder and fix it thereon for the purpose of holding the city license, or, if the city manager so directs, shall carry a license or identification card as directed by the city manager upon his person. Any license, plate, tag, or decal shall be placed so that it is always plainly visible. No person shall keep any license, plate, tag, decal, or identification card longer than 30 days after the expiration of the term for which the license is issued; and no person, except the licensee or his authorized agent, shall take or remove any license, plate, tag, or identification card from the person lawfully entitled to the same or remove it from the place where posted or fixed. (Ord. 316 § 12, 1973; prior code § 6307(c)).

5.06.170 Identification cards – Certain persons required to carry – Contents.

All junk dealers, junk collectors, secondhand dealers and collectors, solicitors, peddlers, hawkers, vendors, and employees, as defined in BGMC 5.04.190, of any of the foregoing engaged in business within the city at a place other than a fixed place of business shall carry upon their person, at all times while so engaged in said business within the city, an identification card issued by the city manager setting forth the name and address of the licensee as well as the name and address of the employee if the person engaged in said business is one other than the licensee, and, in addition, setting forth such other identification matter deemed necessary by the city manager. This section shall also apply to insurance agents or brokers who are otherwise entitled to free license and issuance of an automatic permit upon establishment of state license. (Ord. 316 § 12, 1973; prior code § 6307(d)).

5.06.180 License – Nontransferable – Exception.

No license issued pursuant to the business license law shall be transferable; provided, that where a license is issued authorizing a person to conduct business at a particular location the licensee, upon application therefor and paying a fee of $10.00, may have a previously issued license amended to authorize the conduct of such business from another location. (Ord. 465 § 7, 1983; prior code § 6305).

5.06.190 License – Duplicate.

A duplicate license may be issued by the city manager to replace any previously issued license which has been lost or destroyed, upon the filing of an affidavit by the licensee attesting to such fact and, at the time of the filing of such affidavit, payment to the city manager of a fee of $5.00. (Ord. 465 § 8, 1983; prior code § 6306).

5.06.200 License – Renewal – Delinquency.

Unless specified otherwise in this title, or in any special permit or license, all licenses shall be subject to renewal upon the anniversary date of the license, and the fee for renewal shall then be immediately due and owing. Every person failing to pay the license fee on the due date shall become subject to a penalty of 10 percent of the amount of such license fee for each 30-day period, or fraction thereof, thereafter until the fee plus penalty has been paid in full. (Ord. 465 § 9, 1983; prior code § 6314).

5.06.210 Enforcement – Payment of fees and issuance of permits and licenses.

It shall be the duty of the city manager and/or his authorized deputy, or a law enforcement or contractual representative of the city, to enforce each and all of the provisions of this title and of any other title of this code requiring the payment of any license fee. In addition, the city manager shall be responsible for the issuance of permits and licenses provided for in this title and/or for the proper processing, as required in this title, of all applications and/or permits. (Ord. 316 § 12, 1973; prior code § 6308).

5.06.220 Enforcement – Examination of businesses and records authorized.

A. The city manager, or his authorized deputy, as defined in BGMC 5.06.230, or the license enforcement agency shall examine all places of business in the city to ascertain whether or not the provisions of this title have been complied with. The city manager, his deputy, said license enforcement agency or agencies, the city attorney and any duly authorized employee shall have the power to examine all necessary books and records of all persons doing business in the city required to be licensed by the terms of this title for the purpose of ascertaining the amount of license fee required to be paid by the provisions hereof.

B. The officers designated in subsection (A) of this section and each and all of their deputies and duly authorized employees shall have the power and authority to enter, free of charge and at any reasonable time, any place of business required to be licensed by the provisions of this title and to demand an exhibition of the license, books, or other matters of record. Any person having any such license, heretofore or hereafter issued, in his possession or under his control who fails to exhibit the same on demand shall be guilty of a violation of this code. It shall be the duty of the city manager, his deputies, or the contractual law enforcement agencies of the city to cause a complaint to be filed against any and all persons found to be a violator of any provision of this title. (Ord. 316 § 12, 1973; prior code § 6309).

5.06.230 Enforcement – Deputy authorized.

For the purpose of the enforcement of this title, the city manager, with the prior consent of the council, may deputize a qualified accountant to examine the necessary books and records of any person doing business in the city. Any failure on the part of any person licensed under this title to exhibit to and allow examination by said accountant so deputized shall constitute a violation of this code. (Ord. 316 § 12, 1973; prior code § 6310).

5.06.240 Enforcement – All remedies cumulative.

The conviction or imprisonment of any person for violating any of the regulatory provisions of the business license law shall not relieve such person from paying the license fee to conduct such business, nor shall the payment of any license fee prevent a criminal prosecution for the violation of a regulatory provision of the business license law. All remedies prescribed in this title shall be cumulative, and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the prosecution of violations of this title. (Prior code § 6311).

5.06.250 License fee not to be changed – Exception.

No person charged with the enforcement of any of the provisions of the business license law shall knowingly accept or receive any sum for any license which is less than or greater than the amount actually to be paid under the provisions of the business license law. Notwithstanding the foregoing, the city manager, in the exercise of discretionary powers, may set the amount of the license fee to be paid, based upon the facts before him, pursuant to application or investigation, and in accordance with the terms and provisions of the business license law. (Ord. 316 § 12, 1973; prior code § 6316).

5.06.260 Failure to file required application – Penalty.

Any person who fails to file any required application or written statement shall become liable for the penalty set forth in the business license law from the first date said person should have filed said application or written statement, and said penalty shall be added to the amount of the license fee. The city manager shall determine the fee said person would have paid if said person had applied and obtained a license as required under the business license law. (Ord. 316 § 12, 1973; prior code § 6319).

5.06.270 Failure to file required application – Determination of fees – Notice – Amount due when.

If any person fails to file an application statement required by the business license law within the time prescribed in this title, or, after demand therefor is made by the city manager, fails to file a corrected application statement, the city manager may determine the amount of the license fee due from such person from such information as he may be able to obtain and, if necessary, may estimate the fee required to be paid under this title upon the basis of the external indices on hand, capital invested, dividends paid, sales or other taxes paid, number of persons employed, or by considering other facts. In such a case, the city manager shall give notice of the amount so assessed by serving the notice personally or by depositing it in the United States Post Office in the city, with postage prepaid thereon, addressed to the person so assessed at his last known address. The amount set forth in the notice shall be assessed as of the date mailed, and shall be due and owing as of the first time said amount would have been due and owing under the business license law, in the amount set forth in the business license law, plus all penalties imposed in said law. (Ord. 136 § 12, 1973; prior code § 6320).