Chapter 5.04
GENERAL BUSINESS LICENSES
Sections:
5.04.030 Persons subject to license.
5.04.050 License application—Investigation—Fee.
5.04.060 License fees—Designated—Payment.
5.04.070 Building and premises—Compliance requirements.
5.04.100 License suspension, cancellation and revocation—Cause.
5.04.110 License suspension, cancellation or revocation—Procedure.
5.04.010 Definitions.
A. As used in this title, “trade, business, industry, occupation, calling, profession or pursuit,” or any of the terms used individually, means any trade, business, industry, occupation, calling, profession or pursuit carried on for a profit, whether or not profit is in fact made, including but not limited to utility businesses, wholesale deliveries, custom mining or processing of ores, custom harvesting, trucking, land leveling, drilling, brush clearing, and all contracting associated with agriculture or mining; provided, however, that nothing herein shall be construed to apply to the boarding of animals in connection with a farming or ranching operation, stock raising or feeding enterprise, or to the sale of agricultural or livestock products produced thereby, including beef, mutton or pork in quantities of one carcass or greater or to sale of dairy products in quantities of one gallon or greater, nor to any person operating a mine or engaged in the sale of mineral products produced therefrom, nor to milling or processing of raw mineral products mined by the operator of the mill or processing plant.
B. For the purposes of this title, a person shall be deemed to be in the business of conducting a residential rental unit business and therefor be required to obtain a county business license when that person rents or leases to the public at large for a period of twenty-eight days or more three or more apartments, trailers, houses, rooms or any other residential dwelling units outside the city limits of Winnemucca and within Humboldt County. A residential rental unit business shall not include renting rooms in a person’s own home, when that person still resides in that home. This subsection applies only to persons renting residential units for twenty-eight days or more and does not effect any requirement of those renting units for less than twenty-eight days to obtain a business license or rental business license if applicable. (Ord. 3-20-89B § 1(B); Ord. 12-16-85A § 1(1.1))
5.04.020 License—Required.
Every person, firm, association or corporation engaged in, carrying on, maintaining, pursuing, conducting or transacting in the county of Humboldt, outside the limits of any incorporated city, any trade, business, industry, occupation, calling, profession or pursuit shall apply for and obtain from the clerk of the county a county license hereinafter specified and shall pay the prescribed fee therefor. (Ord. 12-16-85A § 1(1.2))
5.04.030 Persons subject to license.
Whenever a license is required for the maintenance, operation or conduct of any business or establishment or for doing business or engaging in any activity or occupation, a person is subject to the requirement if, by himself or through an agent, employee or partner, he:
A. Holds himself forth as being engaged in the business or occupation;
B. Solicits patronage therefor, actively or passively; or
C. Performs or attempts to perform any part of such business or occupation in the county. (Ord. 12-16-85A § 1(1.3))
5.04.040 License—Application.
A. Applications for all licenses and permits required by this title shall be made in writing to the county clerk’s office on a form furnished by the county clerk, in the absence of any provision to the contrary.
B. Each application shall state:
1. The name of the applicant;
2. The permit or license desired;
3. The location to be used, if any;
4. The time covered; and
5. The fee to be paid.
C. Each application shall contain such additional information as may be needed for the proper guidance of the proper officials in the issuing of the license or permit applied for. (Ord. 12-16-85A § 1(1.4))
5.04.050 License application—Investigation—Fee.
A. Upon receipt of an application for a license or permit or renewal thereof, the sheriff shall conduct such investigation as is reasonably necessary to determine whether the applicant is qualified to receive the license or permit. This procedure shall be followed unless the applicant holds a current license with the city of Winnemucca.
B. Any reasonable investigation costs shall be the responsibility of the applicant and may be demanded in advance by the sheriff.
C. The sheriff may waive all or part of the investigation fee specified in any provisions of this title in cases of applications for renewal of licenses or permits or where the applicant has been recently investigated and there does not appear to be a significant change of circumstances since that last investigation.
D. The sheriff may charge an applicant a reasonable fee in excess of any amount specified in this title where the circumstances mandate a more extensive investigation than is normally required.
E. The officer charged with the duty of making the investigation or inspection shall make a report thereon, favorable or otherwise, after receiving the application or a copy thereof.
F. All other investigations, except where otherwise provided in this title, shall be made by the sheriff’s department. (Ord. 12-16-85A § 1(1.5))
5.04.060 License fees—Designated—Payment.
A. In the absence of any provision to the contrary, all fees and charges for licenses or permits shall be paid in advance at the time application is made to the county clerk.
B. The following are specific fees, for annual licenses or permits unless otherwise designated, which must accompany the application for a license or permit:
1. General. For any business, trade, calling, industry, occupation, profession or event not specifically mentioned, the fee shall be as follows:
|
Annual Gross Receipts |
Annual License Fee |
|
$0 — $25,000 |
$25 per year |
|
$25,001 — $50,000 |
$50 per year |
|
$50,001 — $250,000 |
$100 per year |
|
$250,001 — $500,000 |
$150 per year |
|
$500,001 — |
$250 per year |
The late payment penalty is twenty-five percent of the delinquent amount per month overdue. Fees become delinquent immediately upon expiration of the twelve-month period; there is no “grace period.”
2. Charitable Solicitations. There is no fee for charitable solicitations.
3. Wholesale Deliveries. The license fee for wholesale delivery businesses is one hundred dollars annually.
4. Utility Business License. The fee for a utility business license is as set out in Chapter 5.44 HCC.
5. Rental Business License. The fee for a rental business license is as set out in Chapter 3.16 HCC.
6. Auctions and Auctioneers. The business license fee for auctions or auctioneers is fifty dollars for an annual license, or fifteen dollars per day.
7. Tent Shows, Circuses, Carnivals and Outdoor Festivals. The business license fee for tent shows, circuses, carnivals and outdoor festivals is twenty-five dollars per day.
8. Places of Amusement, Entertainment and Recreation. The business license fee for places of amusement, entertainment and recreation is twenty-five dollars per day.
9. Flea Markets. The business license fee for flea markets is fifteen dollars per day.
10. Traveling Merchants. The business license fee for traveling merchants is fifty dollars per month.
11. Liquor License. Liquor license fees are as set out in Chapter 5.32 HCC.
C. All fees and charges for licenses shall be paid on a quarter-year basis, in advance, at the time of application to the county license department. License fees paid pursuant to this title shall not be refundable, but shall be deposited with the county license department for deposit in the general fund of the county.
D. When only a part of a business or occupation is conducted in the county and the business’ or occupation’s principal place of business is located within the Winnemucca city limits or outside the county entirely, the fee for the business license, if not otherwise specifically mentioned in this title, shall be based only on the annual gross receipts of the business which is actually conducted in the county. (Amended during codification; Ord. 1-22-02A § 1(1.1); Ord. 3-20-89B § 1(A); Ord. 12-16-85A § 1(1.6))
5.04.070 Building and premises—Compliance requirements.
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 requirements of the county. (Ord. 12-16-85A § 1(1.7))
5.04.080 Change of location.
The location of any licensed business or occupation or of any permitted act may be changed provided:
A. Ten days’ notice thereof is given to the county clerk;
B. The building and zoning requirements of this code are complied with. (Ord. 12-16-85A § 1(1.8))
5.04.090 Inspections.
A. Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required or are reasonably necessary to secure compliance with any code provision or to detect violations thereof, the licensee or the person in charge of the premises to be inspected shall admit the inspection or licensing official for the purpose of making the inspection at any reasonable time that admission is requested.
B. In addition to any other penalty which may be provided, the license of any licensed proprietor of any licensed business in the county who refuses to permit any such officer to make such inspection, or who interferes with such officer or employee while in the performance of his duty in making such inspection, may be revoked. But no license shall be revoked for such cause unless written demand is made upon the licensee or person in charge of the premises, in the name of the county, stating that such an inspection or sample is desired and the time it is sought. (Ord. 12-16-85A § 1(1.9))
5.04.100 License suspension, cancellation and revocation—Cause.
Any license issued pursuant to this title or any amendment thereof may be suspended, canceled or revoked for good cause. Good cause for such suspension, cancellation or revocation includes, but is not limited to:
A. The existence of unsanitary conditions, noise, disturbances and other conditions at, near or on the premises which cause or tend to cause or create a public nuisance or which injuriously affect the public health, safety or welfare;
B. The commission of, or permitting or causing the commission of, any act in the operation of the business which act is made unlawful or is prohibited by any applicable law, ordinance, rule or regulation of any city, county, state or the federal government;
C. Fraudulent practices and misrepresentations in the operation of the business, or concealment or misrepresentation in procuring the license;
D. Failure to pay license fees and/or penalties.
1. Any license suspended, canceled or revoked, pursuant to HCC 5.04.110, may be reinstated by doing the following:
a. Completing a new business license application form;
b. Obtaining all required licenses and approvals from city, county, state or federal government, if applicable;
c. Payment of license fee and penalties, if applicable, and a ten dollar reinstatement fee. (Ord. 1-22-02B § 1(1.1); Ord. 12-16-85A § 1(1.10))
5.04.110 License suspension, cancellation or revocation—Procedure.
Any license issued pursuant to the provisions of this title may be suspended, canceled or revoked in the following manner:
A. The business license department, on its own motion or initiative or upon complaint of any person, may institute proceedings to suspend, cancel or revoke a license by having served upon the licensee a notice or complaint setting forth the reasons alleged to constitute grounds for the suspension, revocation or cancellation. Service may be made personally or by mailing by certified mail to the last-known address of the licensee as shown on his most recent application. If, after all reasonable efforts, the licensee is not actually served, service may be accomplished by publication.
B. The licensee shall, within five days of the receipt of such notice or complaint, unless an extension of time is granted, file with the business license department a written answer to such complaint or notice.
C. If the licensee fails to file a written answer within the time required, the business license department may order the license suspended, canceled or revoked. (Ord. 12-16-85A § 1(1.11))
5.04.120 Posting licenses.
A person conducting a licensed business in the county shall at all times keep his license posted in a prominent place on the premises for such business. (Ord. 12-16-85A § 1(1.12))