ARTICLE 1. GENERAL PROVISIONS
5-101. LICENSE REQUIRED.
No person, firm or corporation, either as principal, officer, agent, servant or employee, shall conduct, pursue, carry on, or operate in the city, any business, trade, occupation or profession or render or furnish any service hereinafter specified, without first making application to the city clerk for a license therefor, and paying the license fee hereinafter prescribed at the time the license is approved and issued.
(Ord. 1093, Sec. 1; Code 2004; Ord. 1387, Sec. 1)
5-102. BUSINESS LICENSE FEE.
(a) The license fee hereby charged shall be in the amount shown below for all businesses, trades, professions and occupations for the sale of goods, or rendering, or furnishing any services conducted, pursued, carried on or operated within the limits of the city for each annual period unless a shorter time is specifically stated in the approved application.
(b) All licenses shall be due and payable immediately upon the commencement of the business, trade, occupation or profession or rendering or furnishing any service for which the same are issued, commencing with the first day of the next month.
(c) Unless otherwise provided in this article, the amount due shall be $50 for all businesses, trades, professions, occupations and home occupations, for the sale of goods, or rendering or furnishing any service conducted, pursued, carried on or operated within the limits of the city; provided, however, that if the application and payment are rendered by electronic means in a manner acceptable by the city, the amount due shall be $45.
(d) If the license renewal fee is not fully paid before February 1st of the same year it is due, the fee to renew shall increase to $100.
(e) If a newly formed business applies for a business license on or after September 1st in the calendar year, the discounted license fee shall be $20; provided, that the fee is paid at the time of application.
(Ord. 1093, Sec. 2; Code 2004; Ord. 1387, Sec. 2; Ord. 1401, Secs. 1:2; Ord. 1419, Sec. 1)
5-103. SPECIFIC PROVISIONS TO CONTROL.
In any case where a fee is specifically imposed upon a certain trade, occupation, business or profession by this article and which trade, occupation, business or profession would be liable under some general provision of the ordinances of this city, if the specific provision herein were absent, then, and in that case, the fee shall be that specifically imposed.
(Ord. 1093, Sec. 3; Code 2004; Ord. 1387, Sec. 3)
5-104. CONSTRUCTION OF PROVISIONS.
This article shall not be construed to amend, modify or repeal any of the rules and regulations of the business, trades, occupations or professions or rendering or furnishing any services provided for in any other ordinance of this city.
(Ord. 1093, Sec. 4; Code 2004)
5-105. TERM OF LICENSE.
All licenses issued pursuant to the provisions of this article shall expire on the first day of January next after the same are issued, and shall be signed by the mayor and clerk and countersigned by the treasurer, and the clerk shall affix the corporate seal thereto.
(Ord. 1093, Sec. 5; Code 2004)
5-106. PAYMENT OF LICENSE FEE.
Every person making application for or receiving an annual license for a business carried on previously shall pay the full amount of the license fee set out in section 5-102. After August 31 of each year the annual license fee for a business not previously carried on or licensed in the city shall be prorated by calendar quarter.
(Ord. 1093, Sec. 6; Code 2004)
5-107. APPLICATION FOR LICENSE.
Any person desiring a license required by the provisions of this article shall make application therefore to the city clerk upon forms provided by the city for such purpose.
(Ord. 1093, Sec. 7; Code 2004)
5-108. ISSUANCE OF LICENSE.
(a) All licenses required by this chapter shall be issued by the city clerk upon receipt of the fee and approved application.
(b) If the business, trade, profession, or occupation earns gross annual revenue less than $4,000, it will be exempt from this business license to the extent that the applicant provides documented proof of the eligible amount of gross revenue to the satisfaction of the city.
(Ord. 1093, Sec. 8; Code 2004; Ord. 1387, Sec. 4)
5-109. LICENSE NOT TRANSFERABLE OR ASSIGNABLE.
No license issued under the provisions of this article shall be transferable or assignable.
(Ord. 1093, Sec. 9; Code 2004)
5-110. DISPLAY OF LICENSE.
All persons doing business in a permanent location shall have their license conspicuously displayed in their place of business, and all persons to whom licenses are issued not having a permanent place are hereby required to carry their licenses with them, and any licensee shall present the license for inspection when requested to do so by a citizen or an officer of the city.
(Ord. 1093, Sec. 10; Code 2004)
5-111. EXPIRATION OF LICENSE.
Unless otherwise specifically provided all licenses issued under this article shall expire on the last day of December next following the date of issuance thereof.
(Ord. 1093, Sec. 11; Code 2004)
5-112. VIOLATION OF LAWS, ORDINANCES PROHIBITED.
Nothing in this article shall be construed to permit any licensee licensed under the provisions of this article to violate any law of the United States, the State of Kansas, or any ordinances of the city.
(Ord. 1093, Sec. 12; Code 2004)
5-113. CLERK TO SIGN LICENSE; SEAL TO BE AFFIXED.
All licenses issued under this article shall be signed by the mayor and clerk and countersigned by the treasurer, and the clerk shall affix the corporate seal thereto. (Ord. 1093, Sec. 13; Code 2004)
5-114. FAILURE TO OBTAIN LICENSE, PAY FEE.
Any person, firm or corporation which shall conduct, pursue, carry on or operate within the limits of the city, any business, trade, occupation or profession or rendering or furnishing any service, for which a license or the payment of a license fee is required by this article, or shall assist directly or indirectly in so doing in any manner or to any extent, either as owner or proprietor, or as an officer of any corporation, or as manager, superintendent, agent, servant, or employee of any person, firm, or corporation after a license fee should have been paid or a license obtained to conduct, pursue, carry on or operate such business, trade or profession or rendering or furnishing any service, shall be deemed to do so unlawfully. Violations of this article shall be a municipal offense and may be prosecuted in municipal court. Any person so charged and found guilty in municipal court of violating the provisions of this article shall be guilty of a municipal offense. Each day’s violation shall constitute a separate offense. The penalty for an initial violation shall be a written warning. The penalty for a second violation shall be a mandatory fine of $100. The penalty for a third or subsequent conviction shall be a mandatory fine of $200. In addition, such person may be required by the court to serve a definite term of confinement in the city or county jail which shall be fixed by the court and which shall not exceed 30 days. Further, the city shall have the authority to maintain suits or actions in any court of competent jurisdiction for the purpose of enforcing any provisions of this article and to seek civil penalties to abate nuisances maintained in violation thereof and, in addition to other remedies, institute injunction, mandamus or other appropriate action or proceedings to prevent the occupancy of the building, structure or land. Each day of violation of this article shall constitute a separate offense. (Ord. 1093, Sec. 14; Code 2004; Ord. 1387, Sec. 5)
5-115. SEPARABILITY.
If any part or parts of this article shall be declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the article and its applicability to other persons and circumstances shall not be affected thereby. The governing body hereby declares that it would have passed the remaining parts of this article if it had known that such part or parts thereof would be declared invalid. (Ord. 1093, Sec. 15; Code 2004)