Chapter 5.05
BUSINESS REGISTRATION AND FEES
Sections:
5.05.020 Imposition of business registration fee.
5.05.030 Application and approval.
5.05.040 Types of business and fees.
5.05.010 Policy.
The village council hereby declares that this law is conducive to the promotion of the health and general welfare of the Village of Cimarron. The village council hereby imposes a separate business registration and fee for each business location within the Village limits of Cimarron. [Ord. 248 § 1, 2008].
5.05.020 Imposition of business registration fee.
There is imposed on each business location in this municipality a business registration fee. The fee is imposed pursuant to Section 3-38-3 NMSA 1978 as it now exists or is amended and shall be known as the business registration fee. [Ord. 248 § 2, 2008].
5.05.030 Application and approval.
It shall be unlawful for any person to engage in any business within the Village limits of the Village of Cimarron without first having obtained a license therefore from the village clerk-administrator. No license shall be issued to any person seeking to carry on or engage in any business within the Village limits of the Village of Cimarron that is in violation of any federal law or any law of the state of New Mexico. Before conducting, operating or engaging in any business, trade or occupation within the limits of the Village of Cimarron, a sworn business registration application must be submitted to the Cimarron village clerk-administrator for each business location. The registration application shall include the business owner’s name, business location, mailing address, emergency contact, a brief description of the nature of the business and a copy of their state of New Mexico Tax and Revenue Department registration certificate. Incomplete applications will not be accepted.
Upon approval of the business registration application and payment of fees, a registration certificate will be issued for that business location. This certificate must be publicly displayed at the location for which it was issued. [Amended during 2014 codification; Ord. 252 § 3, 2010; Ord. 248 § 3, 2008].
5.05.040 Types of business and fees.
Along with the business registration application the applicant shall pay in advance the respective amounts hereinafter set forth.
A. Fixed Commercial Location within the Village of Cimarron. If a business shows a Cimarron address as the business location on its state of New Mexico Tax and Revenue Department registration certificate an annual business registration fee of $35.00 will be imposed for each business location.
B. A business without a fixed location which shows a Cimarron address as the business location on their state of New Mexico Tax and Revenue Department registration certificate shall be subject to an annual business registration fee of $35.00.
C. Home Based Businesses, i.e., Businesses Operating in Residentially Zoned Areas. A home based business must possess a state of New Mexico Tax and Revenue Department registration certificate that shows the home address as the business location. The annual registration fee for a home based business is $35.00. In addition, home based businesses are subject to the following conditions:
1. Home based businesses will be allowed only if they do not disrupt the residential character of the neighborhood.
2. Home occupations shall be conducted as a secondary use by a resident or residents of the premises, the primary use being a residence.
3. No employees shall be employed on the premises.
4. There shall be no external alteration of appearance of the residential structure which would reflect the existence of the home business.
5. No storage of materials, goods, equipment or stock in trade shall be permitted where visible from the exterior of the property.
6. The home business shall not cause any external effect which is inconsistent with the residential zone or disrupts the neighborhood, including but not limited to noise from equipment, traffic, lighting, offensive odor or electrical interference.
7. No advertising, signs or displays of any kind indicating the existence of the home based business shall be permitted on the premises.
D. Itinerant (Day) Registration. If a business does not show a Cimarron address as the business location on their state of New Mexico Tax and Revenue Department registration certificate they shall be subject to a daily business registration fee of $35.00.
E. Carnivals, Circuses and Other Events. In addition to completing the business registration application process and paying the daily itinerant fee (see subsection (D) of this section), carnivals, circuses and other events are subject to a $100.00 event fee and must submit proof of insurance coverage with their application. [Ord. 248 § 4, 2008].
5.05.050 Renewal.
Business registrations must be renewed annually. On or before 5:00 p.m. on February 15th of each year any business within the Village of Cimarron shall apply for renewal of its business registration with the Cimarron village clerk-administrator and pay the annual fee for each business location. [Amended during 2014 codification; Ord. 248 § 6, 2008].
5.05.060 Late charge.
Any business that fails to renew the business registration and pay the fee by 5:00 p.m. on the renewal date of any year shall be charged a late fee of $10.00 per month and shall not be registered until the registration fee and late fee are paid. [Ord. 248 § 7, 2008].
5.05.070 Enforcement.
Any business which violates this chapter or fails to comply with any of its requirements shall be subject to a penalty of not less than $35.00 nor more than $350.00. Each day the business violates this chapter or fails to comply with any of its requirements shall constitute a separate offense. The license to do business may be revoked for any violation of this chapter. The municipality may enforce payment of the business registration fee by filing a charge of violation of this chapter in municipal court, as well as by any other means provided in Section 3-38-5 NMSA 1978. [Ord. 248 § 8, 2008].