Chapter 5.05
BUSINESS LICENSES
Sections:
5.05.070 Change of ownership, management, nature of business or location of business.
5.05.080 Compliance with laws.
5.05.090 Suspension or revocation of license.
5.05.010 Applicability.
The provisions of this chapter shall be applicable to all wholesale and retail businesses and all activities, occupational callings, trades, pursuits or professions that conduct business from a location within the city of Donnelly with the object of gain, profit, benefit or advantage. Each business location shall be deemed a separate business unless it is a specific annex to the main location of the business. The license is not intended to repeal any license or franchise provisions of any other ordinance of the city of Donnelly, nor is the license to be considered a waiver of any other requirements of compliance with any federal, state and local laws. [Ord. 192 § 1(A), 2008.]
5.05.020 License required.
No person shall engage in any business within the city of Donnelly for which licensing is required by this chapter without having submitted a license application to the city clerk and receiving a general business license in accordance with the provisions of this chapter. This license shall be in addition to any other license required by other sections of this chapter. Such license shall be valid for one calendar year so long as the ownership, management, nature of the business or location of the business remains unchanged. [Ord. 192 § 1(B), 2008.]
5.05.030 Exemptions.
A. The fee provisions of this chapter shall not apply to:
1. Persons qualifying as a nonprofit business, including charitable activities, within the meaning of Section 501(c)(3) of the United States Internal Revenue Code. Possession of a certificate of such status from the Internal Revenue Service shall be required to qualify for this exemption.
2. Any agency of the United States government and any political subdivision of the state of Idaho.
3. Persons who occupy space at a flea market, but shall apply to the of the flea market.
B. In addition, both the fee and license provisions of this chapter shall not apply to:
1. Persons who make occasional sales of their own household property not more than twice each calendar year;
2. Domestic servants, newspaper carriers or casual labor not included as temporary employees of a regularly conducted business;
3. Lessors of any residential property having one or two family units. [Ord. 192 § 1(C), 2008.]
5.05.040 License application.
A general license application shall be provided by the city clerk and the application shall contain information including, but not limited to, the name, residence address and residence phone number of the owner and manager of the business, the street and mailing address of the place of business, the business phone number, and the nature of the business to be conducted at such address and any other information deemed necessary by the city for the health and safety of emergency service personnel or utility service providers. Every application shall be personally signed by the owner or his agent. [Ord. 192 § 1(D), 2008.]
5.05.050 License fee.
A license fee in an amount set by resolution of the city council has to be paid at the time the application is submitted to the city clerk and prior to the issuance of a general business license. Also, city services will not be turned on until the licensing is complete. [Ord. 192 § 1(E), 2008.]
5.05.060 Display of license.
Every business required under this chapter to obtain a general business license shall display such license in a prominent location upon the business premises. No business shall loan, sell, give or assign to any other person or allow any other person to use or display, or to destroy, damage or remove, or to have in his possession any license which has been issued to said business. [Ord. 192 § 1(F), 2008.]
5.05.070 Change of ownership, management, nature of business or location of business.
A. Whenever the ownership, nature of the business or location of any business within the city is changed, a new license application reflecting the change shall be presented to the city clerk within 10 days of said change. The date of the issuance of the new license shall be the new anniversary date for license renewal.
B. Whenever the management of the business changes, the city clerk shall be notified in writing of the name of the new manager, residence address and residence phone number of the new manager. [Ord. 192 § 1(G), 2008.]
5.05.080 Compliance with laws.
Licensees shall comply with all applicable federal, state and local laws and regulations.
A. A general business license may be denied, suspended or revoked for failure of the applicant to comply with the provisions of this chapter. [Ord. 192 § 1(H), 2008.]
5.05.090 Suspension or revocation of license.
In the event it is brought to the attention of the city council that a violation has taken place, before revoking or suspending such license, the city council shall cause notice to be served upon the licensee setting forth in general terms the violation or violations claimed to have been committed, and such notice shall provide a time for the licensee to respond to the allegations. The city council may revoke or suspend the license if the city council finds that the license was issued in error or that the licensee has violated the provisions of this chapter and no refund of any unused portion of the license fee shall be made to the licensee. [Ord. 192 § 1(I), 2008.]
5.05.100 Appeal.
Any applicant who has made application for a license under the provisions of this chapter and who has been denied such a license, or any person holding a license which is revoked or suspended under the provisions of this chapter, may request a hearing before the city council. [Ord. 192 § 1(J), 2008.]