Chapter 5.10
EXEMPTIONS
Sections:
5.10.020 Occasionally and incidentally conducted businesses.
5.10.030 Minors – Part-time activities.
5.10.060 Public utilities and franchise holders.
5.10.070 Secondhand goods received as partial payment on new merchandise.
5.10.080 Exempt license – To be endorsed – Nontransferable.
5.10.090 Exempt license – Term – Renewal.
5.10.100 Revocation of license exemptions.
5.10.010 Religious, charitable, fraternal, educational, military, state, county, or municipal organizations.
The provisions of the business license law shall not be deemed or construed to require the payment of a license fee to conduct, manage, or carry on any business, or to require the payment of any license fee by any institution or organization conducted, managed, or carried on fully for the benefit of charitable purposes, or from which profit is not derived, either directly or indirectly, by any person. Nor shall any license be required for the conducting of any entertainment, concert, exhibition, or lecture on a scientific, historical, literary, religious, or moral subject when the receipts from such entertainment, concert, exhibition, or lecture are to be appropriated to any church or school, or to any religious or benevolent purpose in the city. Nor shall any license or permit be required for the conducting of any recreation, entertainment, dance, concert, exhibition, or lecture by any religious, charitable, fraternal, educational, military, state, county, or municipal organization or association when the receipts from such entertainment, dance, concert, exhibition, or lecture are to be appropriated for the purpose and objectives for which such association or organization was formed, and from which profit is not derived, either directly or indirectly, by any person. The provisions of this title shall not be deemed or construed to require the payment of a license fee by any religious, charitable, fraternal, educational or military organization or association conducting casual sales, concerts, dances, entertainment, exhibitions or lectures or other activities for fundraising purposes when the funds so derived are retained strictly for charitable, religious, educational, fraternal, or military purposes and do not go to the benefit, use, or profit of any person. (Prior code § 6323(a)).
5.10.020 Occasionally and incidentally conducted businesses.
A. Any person, otherwise coming within the definition of the business license law, who does not have a fixed place of business within the city, and who is called into the city or called upon to perform a service or act within the city which is merely occasional and incidental to a business being conducted elsewhere shall be entitled to an exemption from the payment of any license fee imposed under the business license law.
B. “Occasional and incidental” has the following meaning:
1. The delivery from outside the city to a point within the city, or delivery from a point within the city to a place outside the city, of goods, wares, merchandise, food products, or personal property of any nature when five or fewer deliveries are made by the person making the deliveries within any fiscal year, as established by the calendar year; or
2. The performances of acts or services of an emergency nature, in order to protect the health, life, property, or right or rights of anyone living, residing, owning property, or being situated within the city, when performed five or fewer times within the city during any fiscal year, as established by the calendar year. (Prior code § 6323(b)).
5.10.030 Minors – Part-time activities.
Minors under 18 years of age shall be entitled to a free license for engaging in part-time activities coming within the definition and license requirements of this title, but they shall be subject to all permit and registration procedures. (Prior code § 6323(c)).
5.10.040 Interstate commerce.
A. Every person claiming to be entitled to exemption from the payment of any license provided for in this title on the grounds that such license casts a burden upon his right to engage in commerce with foreign nations, or among the several states, or conflicts with the regulations of the United States Congress regarding interstate commerce, shall file a verified statement with the city manager disclosing the interstate or other character of his business entitling him to such an exemption.
B. The statement shall state the name and location of the company or firm for which the orders are to be solicited or secured; the name of the nearest local or state manager, if any, and his address; the kind of goods to be delivered; the name and location from which the goods are to be shipped or forwarded; the method of solicitation or taking orders; the location of any warehouse, factory, or plant within the state; the method of delivery; the name and location of the residence of the applicant; and any other facts necessary to establish the claim of exemption. A copy of the order blank, contract form, or other papers used by such person in taking orders shall be attached to the affidavit for the information of the city manager.
C. If it appears that the applicant is entitled to an exemption, the city manager shall forthwith issue a free license. In case of dispute, the decision of the city attorney shall be final. (Ord. 316 § 12, 1973; prior code § 6323(d)).
5.10.050 State law.
A. Every person claiming to be entitled to an exemption from payment of any license fee provided for in this chapter on the grounds that such license fee is exempt under state law shall file verified statement with the city manager disclosing the character of said business entitling him to such exemption.
B. The statement shall state the name and location of the company or firm claiming the exemption, the type of business conducted, and the facts establishing that said person, organization or firm comes within the exemption of the state law. Additional information shall be supplied to the city manager or city attorney upon request in order to ascertain whether or not the claimant meets the exemption of the state law. In case of dispute, the decision of the city attorney shall be final. (Ord. 316 § 12, 1973; prior code § 6323(e)).
5.10.060 Public utilities and franchise holders.
All utilities, cable television companies, and refuse haulers that are holders of a franchise from the city shall be exempt from the provisions of the business license law as to activities in the city pursuant to the grant of the franchise. (Ord. 465 § 21, 1983; prior code § 6323(f)).
5.10.070 Secondhand goods received as partial payment on new merchandise.
When any person is engaged in any business licensed under the provisions of this title and, as an incident to this business, accepts secondhand goods as partial payment on any new merchandise, such person shall not be required to obtain a license as a secondhand dealer, for such acts shall not be considered dealing in secondhand merchandise. (Prior code § 6323(g)).
5.10.080 Exempt license – To be endorsed – Nontransferable.
Whenever the city manager issues any license granting any exemption provided for in this chapter, the person to whom such license is issued shall endorse thereon his signature, in ink, in the presence of the city manager, deputy license clerk, or deputy license collector, and no such license shall be transferable. (Ord. 316 § 12, 1973; prior code § 6323(h)).
5.10.090 Exempt license – Term – Renewal.
Any exempt license shall be issued by the city manager, or deputy license collector, only for the minimum license period for any such business, and may be renewed for the same period, under the same conditions and in the same manner as originally obtained. (Ord. 316 § 12, 1973; prior code § 6323(h)).
5.10.100 Revocation of license exemptions.
At any time that it appears, to the satisfaction of the permit hearing board, that none of the conditions specified in this chapter as meriting exemption from license requirements exist in the case of any person to whom an exemption has been allowed, the permit hearing board may revoke the exemption and the exempt license issued thereunder. The revocation shall be in accordance with the procedure set forth in Chapter 5.12 BGMC. (Prior code § 6323(i)).