Chapter 5.12
LICENSES

Sections:

5.12.010    Application—Issuance—Contents.

5.12.030    Application—First license—Contents.

5.12.040    Gross receipts estimate.

5.12.050    Sworn statement and tax payment prerequisite to renewal.

5.12.060    Renewal license.

5.12.070    License transferability.

5.12.080    Duplicate license.

5.12.090    Posting and keeping licenses.

Prior ordinance history: Prior code § 4-109.020.

5.12.010 Application—Issuance—Contents.

Every person required to have a license under the provisions of this article shall apply to the collector for a license as prescribed below. Upon payment of the prescribed license tax, the collector shall issue that person a license which shall contain the following information:

A.    The name of the person to whom the license is issued;

B.    The business licensed;

C.    The place where such business is to be carried on;

D.    The expiration date of such license; and

E.    Such other information as may be necessary for the enforcement of this article. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-109.010)

5.12.030 Application—First license—Contents.

Upon application for the first license under this article or for a newly established business, the applicant shall furnish a sworn statement, upon a form provided by the collector, setting forth the following information:

A.    The exact nature or kind of business for which a license is requested;

B.    The place where such business is to be carried on, and if the same is not to be carried on at any permanent place of business, the places of residences of the owners of same;

C.    If application is made for a license to a person doing business under a fictitious name, the application shall set forth the names and places of residences of those owning the business;

D.    In the event an application is for issuance of a license to a corporation or a partnership, the application shall set forth the names and places of residences of the officers or partners thereof;

E.    If the amount of license tax to be paid is measured by gross receipts, the application shall set forth such information the collector determines necessary to determine the amount of the license tax to be paid;

F.    Any further information which the collector may require to enforce this article. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-110.010)

5.12.040 Gross receipts estimate.

If the amount of the license tax to be paid by a person applying for the first license under this article or for a newly established business is measured by gross receipts, the applicant shall estimate the gross receipts for the period to be covered by the license. Such estimate, if the collector accepts it as reasonable, shall be used in determining the amount of license tax to be paid; provided, however, the amount so determined shall be tentative only and such person shall, within thirty days after the expiration of the period for which such license was issued, furnish the collector with a sworn statement, upon a form furnished by the collector, showing the gross receipts during the period of such license, and the license tax for such period shall be finally ascertained and paid as provided by this article for the ascertaining and paying of renewal license taxes for other businesses, after deducting from the payment due the amount paid when the first license was issued. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-110.020)

5.12.050 Sworn statement and tax payment prerequisite to renewal.

The collector shall not renew a license to any person or issue him or her another license for the same or any other business until such person has furnished the sworn statement and paid the license tax required by this article. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-110.030)

5.12.060 Renewal license.

An applicant for renewal of a license shall submit to the collector, for guidance in ascertaining the license tax to be paid, a sworn statement, upon a form to be provided by the collector, setting forth such information concerning the applicant’s business during the preceding year as may be required by the collector to ascertain the license tax to be paid pursuant to this article. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-111)

5.12.070 License transferability.

No license issued pursuant to this article shall be transferable; provided, that where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may, upon application therefor and payment of the fee established under the city’s master fees and charges schedule in effect at the time of filing, have the license amended to authorize the transacting and carrying on of such business under the license at some other location; provided further, that transfer, whether by sale or otherwise, to another person under such circumstances that the real or ultimate ownership after the transfer is substantially similar to the ownership existing before the transfer shall not be prohibited by this section. For the purpose of this section, stockholders, bondholders, partnerships or other persons holding an interest in a legal entity are regarded as having the real or ultimate ownership of such entity. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-117)

5.12.080 Duplicate license.

The collector may issue a duplicate license to replace any license that has been lost or destroyed upon the licensee filing a statement of such fact and paying a duplicate license fee established under the City’s master fees and charges schedule in effect at the time of filing. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-118)

5.12.090 Posting and keeping licenses.

A.    Any licensee transacting and carrying on business at a fixed place of business in the city shall keep the license posted in a conspicuous place upon the premises where such business is carried on.

B.    Any licensee transacting and carrying on business but not operating at a fixed place of business in the city shall keep the license upon his or her person when transacting and carrying on the business for which it is issued. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-119)