Chapter 5.05
BUSINESS LICENSES
Sections:
5.05.010 Persons subject to business licenses.
5.05.020 Applications – Contents.
5.05.040 Fees – When due – Disposition.
5.05.050 Business license fee and registration fee.
5.05.060 Termination of license.
5.05.080 Registration of exempt businesses.
5.05.090 Investigations and inspections.
5.05.110 Compliance with ordinances.
5.05.120 Issuance for unlawful acts prohibited.
5.05.150 Suspension or revocation.
5.05.010 Persons subject to business licenses.
Registration and a business license are required for all persons doing business within the town including those who have home occupations and those who lease or rent real estate. [Ord. 1453 § 1, 2010. Code 2000 § 110.01].
5.05.020 Applications – Contents.
Applications for a business license required by this chapter shall be made in writing to the clerk-treasurer in the absence of provisions to the contrary. Each application shall state the name of the applicant, the name and telephone number of key holders, the types of hazardous or flammable materials and their normal locations within the building, the location of the business, the time covered, the fee paid and such additional information as may be needed by the town officials.
(A) Foreign Corporations. Any foreign corporation doing business in the town shall furnish a copy of its certificate of authority from the secretary of state’s office, in addition to all other documentation required by this chapter, prior to the issuance of a business license by the town.
(B) Solid Waste Management Plan. Each business located within the boundaries of the town, upon being licensed or obtaining any renewal thereof, shall provide as part of its submission a plan describing how its solid waste will be managed, including reduction, reuse and recycling steps taken to reduce its waste stream. If a business has no convenient way to recycle, a statement to that effect shall be sufficient in the application. [Ord. 1453 § 1, 2010. Code 2000 § 110.02].
5.05.030 Forms.
Forms for registration for a business license required by this chapter and application thereof shall be prepared and kept on file by the clerk-treasurer or designee. Registration profile information shall be accessible to senior management staff of the town. [Ord. 1453 § 1, 2010. Code 2000 § 110.03].
5.05.040 Fees – When due – Disposition.
In the absence of any provision to the contrary, all fees and charges for business licenses shall be paid in advance at the time application is made therefor to the clerk-treasurer. All fees shall become a part of the general fund. [Ord. 1453 § 1, 2010. Code 2000 § 110.04].
5.05.050 Business license fee and registration fee.
(A) Any person maintaining, operating or conducting any business, business activity, occupation or commercial establishment, or doing business, or engaging in any service or occupation within the town, including but not limited to acting as lessor for residential or commercial properties, or renting residential properties month to month, shall pay an annual fee prescribed by this section.
(B) In the event there is no specific fee set for the engagement of a particular business or service, then an annual license fee for business or service not otherwise classified shall be as follows:
(1) Thirty dollars if paid before March 1st of the calendar year.
(2) Fifty dollars if paid after February 28th of the calendar year.
(3) If the business is being established for the first time, the license fee shall be that prescribed for payments made before March 1st.
(C) Exempt businesses as described in HMC 5.05.080 shall pay a registration fee of $30.00 if paid before March 1st of the calendar year. If paid after February 28th of the calendar year, the annual registration fee shall be $50.00.
(D) If such business or service being conducted in the town consists of displays for trade shows, craft shows or short-term events, and said events are for a period of no more than six consecutive days, and are not held more than three times in any one fiscal year, then in such event, said business or service shall not be required to pay a business license fee as required herein. [Ord. 1453 § 1, 2010; Ord. 1626 § 1, 2016. Code 2000 § 110.05].
5.05.060 Termination of license.
(A) All business licenses terminate on the last day of the calendar year, where no provision to the contrary is made. When the license terminates, an occupancy permit is automatically revoked.
(B) Upon expiration of an annual business license or registration, the clerk-treasurer or designee shall mail notice of the license fee; provided, that a failure to send out such notice, or the failure of a business to receive it, shall not excuse a business from a failure to secure a license or renewal thereof, nor shall it be a defense in an action for operation without a license. [Ord. 1453 § 1, 2010. Code 2000 § 110.06].
5.05.070 Change of location.
The location of any business or occupation licensed or registered may be changed, provided prior notice thereof is given to the clerk-treasurer and the new location meets all of the requirements for the issuance of the original license. [Ord. 1453 § 1, 2010. Code 2000 § 110.07].
5.05.080 Registration of exempt businesses.
(A) All businesses, business activities, occupations or commercial establishments which are exempt from licensing by the town because they are licensed and regulated by state or national regulations, which preempt added licensing or registration, or businesses that are public or private schools, churches, mosques, synagogues, or similar places of worship and other not-for-profit organizations shall not be required to be licensed to operate.
(B) Exempt Business Registration. All businesses, business activities, occupations or commercial establishments which are exempt from licensing by the town because they are licensed and regulated by state or national regulations, or that are public or private schools, churches, mosques, synagogues, or similar places of worship and other not-for-profit organizations, shall be required to register with the town on forms on file with the clerk-treasurer’s office. Such forms shall require information as to the location, nature and extent of such business, business activity, occupation or commercial establishment and shall constitute a registration only. Each business, business activity, occupation or commercial establishment at the time of registration shall pay an annual registration fee in accordance with the fee schedule set out in HMC 5.05.050. [Ord. 1453 § 1, 2010. Code 2000 § 110.08].
5.05.090 Investigations and inspections.
(A) Upon the receipt of an application for a license or permit where an ordinance of the town necessitates an inspection or investigation before the issuance of such permit or license, the clerk-treasurer or designee shall refer such application to the proper office of the town for making such inspection or investigation within 48 hours of the time of such receipt. The officer charged with the duty of making an inspection or investigation shall make a report thereon, favorable or otherwise, within 10 business days after receiving the application or a copy thereof.
(B) An application for a business license in connection with the care and handling of food, the spread of disease or for the protection of health shall be accompanied by all necessary county and state licenses or permits before it will be considered by the town.
(C) The building commissioner and the fire chief shall make or cause to be made inspections of buildings or other structures for compliance with the property maintenance code, the building, fire codes and other life safety codes of the town; except it is not the intent of this chapter to prescribe such inspections with every annual business license renewal.
(D) All other investigations, except where otherwise provided, shall be made by the building commissioner, code enforcement officer or any officer authorized to enforce municipal ordinances.
(E) Whenever inspection is provided for or required by ordinance in connection with premises used for or in connection with the operation of a business or occupation for which a license, registration or permit is required, or is reasonably necessary thereto to secure compliance with any ordinance provision or to detect violations thereof, it shall be the duty of the person in charge of the premises to be inspected to admit thereto, for the purpose of making the inspection, any officer or employee of the town who is authorized or directed to make such inspection at any reasonable time that admission is requested.
(F) Whenever any analysis of any commodity or material is reasonably necessary to secure conformance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee or permittee whose business is governed by the provision to give any authorized officer or employee of the town requesting such samples sufficient samples of such material or commodity for such analysis upon request.
(G) In addition to any other penalty which may be provided, the president of the town council may revoke the license or permit of any licensee or permittee in the town who refuses to permit any such officer or employee who is authorized to make such inspection or take such sample to make the inspection or take any adequate sample of such commodity, or who interferes with such officer or employee while in the performance of his duty in making such inspection; provided, that no license, registration or permit shall be revoked for such cause unless written demand is made upon the licensee, registrant or permittee or person in charge of the premises, in the name of the town, stating that such inspection or sample is desired, at the time it is sought to make the inspection or to obtain the sample. [Ord. 1453 § 1, 2010. Code 2000 § 110.10].
5.05.100 Bond and insurance.
Whenever the building commissioner or code enforcement officer receives an application for a license or permit which, upon investigation, is a business in which the citizens of the town are or may be exposed to personal injury or property damage, the building commissioner or code enforcement officer shall require that the applicant provide a bond and evidence of insurance. The amount and form of the bond and insurance shall be approved by the clerk-treasurer, and no license or permit shall be issued until the bond and insurance so required have been approved. [Ord. 1453 § 1, 2010. Code 2000 § 110.11].
5.05.110 Compliance with ordinances.
No license shall be issued for the conduct of any business and no permit shall be issued for any thing or act if the premises and building to be used for the purpose do not fully comply with the ordinances of the town. [Ord. 1453 § 1, 2010. Code 2000 § 110.12].
5.05.120 Issuance for unlawful acts prohibited.
No license or permit shall be issued for the conduct of any business or performance of any act which is in violation or which would involve a violation of any ordinance of the town or law, rule or regulation of the state or of the United States. [Ord. 1453 § 1, 2010. Code 2000 § 110.13].
5.05.130 Nuisances.
No business, whether or not a license, registration or permit has been issued therefor, shall be so conducted or operated as to be a nuisance. [Ord. 1453 § 1, 2010. Code 2000 § 110.14].
5.05.140 Posting.
It shall be the duty of any person conducting a business or activity in the town for which a license, registration or permit has been issued to keep his license or permit posted in a prominent place on the premises used for such business or activity at all times. [Ord. 1453 § 1, 2010. Code 2000 § 110.15].
5.05.150 Suspension or revocation.
(A) Grounds. Any license, registration or permit required by town ordinances may be suspended or revoked by the president of the town council for any one or more of the following reasons:
(1) Violation of an ordinance of the town.
(2) Violation of any law, rule or regulation of the state or of the United States, or any department or division thereof.
(3) Misrepresentation or falsification of statements in the application for a license, registration or permit.
(B) Procedure.
(1) Notice to Correct Violation. If the building commissioner, code enforcement officer or any officer authorized to enforce municipal ordinances has reason to believe that a violation as described in subsection (A) of this section by the licensee, registrant or permittee can be corrected, the building commissioner, code enforcement officer or any officer authorized to enforce municipal ordinances shall serve written notice upon the licensee, registrant or permittee setting forth the violation, and the licensee, registrant or permittee shall have not less than five and not more than 30 business days, as set by the building commissioner or the code enforcement officer, to correct the violation and to submit evidence of the correction.
(2) Authority of President of Council. The president of the town council may suspend or revoke any license or permit for one or more of the reasons set forth in subsection (A) of this section.
(3) Hearing. Before the suspension or revocation of any license, registration or permit, the president of the town council or designee shall give written notice to the licensee, registrant or permittee of the violation and set forth therein a date for hearing for the purpose of suspending or revoking such license, registration or permit. Such hearing for suspension or revocation shall be held not less than 10 business days after the personal service of or the mailing of the written notice; however, if the president of the town council believes that immediate and irreparable harm or damage to person or property may occur by reason of the violation, the hearing may be had after 24 hours following the personal service of or the mailing of the written notice.
(4) Effect of Revocation or Suspension. The suspension or revocation shall be supplementary to any other proceedings provided by ordinance or law and shall not stay any other enforcement provisions of this chapter.
(5) Authority to Deny upon Reapplication. The president of the town council may deny a license or permit to any applicant who has had a license or permit issued by the town revoked. [Ord. 1453 § 1, 2010. Code 2000 § 110.16].
5.05.160 Penalties.
(A) Except as otherwise provided, any person, entity or organization who shall violate any provisions of this chapter by failing to obtain a business license, operating without a business license or exempt business registration, may be fined in the amount set forth in the designated schedule as a payable offense subject to admission before the violations clerk of the ordinance violation bureau in the amount set forth in the admissions clerk payable offenses schedule in HMC 9.85.060. Each day of such unlawful activity as is prohibited shall be deemed a separate offense.
(B) If such persons, entity or organization shall violate any provisions of this chapter, and there is a failure to satisfy the civil violation as set forth in Chapter 9.85 HMC, then such violations shall be construed as justiciable offenses and shall be subject to a fine of not less than $100.00 per violation, nor more than $2,500. Each day of such unlawful activity as is prohibited shall be deemed a separate offense.
(C) In addition to satisfying any fine lawfully imposed under this chapter, the violator may also be made to pay the proper fee in order to comply with the provisions regarding operating with a proper business license. [Ord. 1453 § 1, 2010. Code 2000 § 110.99].