Chapter 5.05
BUSINESS LICENSES
Sections:
5.05.040 License fees – Additional.
5.05.060 License – Transferability.
5.05.090 Provisions of ordinance severable.
5.05.010 Definitions.
A. “Person” means and includes any person, firm, copartnership, association or corporation, or joint enterprise.
B. “Business” means and includes any enterprise operated for profit and shall include, but not be limited to, all and every kind of lawful business, trade, calling, profession or occupation.
C. “Multiple business” means like businesses operated by the same person in more than one location.
D. “Combined business” means a business owned and operated by a person that combines more than one enterprise at one location.
E. “Construction business” means any business of any kind, nature or description, in which any thing or physical object is brought into being by reason of a construction process of any kind, nature or description.
F. “Manufacturing business” means any business bringing into existence goods, objects or things sold or otherwise disposed of in the usual and ordinary course of business and commerce. [Ord. 181 § 1, 1991; Ord. 77 § 1, 1972.]
5.05.020 License – Required.
It shall be unlawful for any person to engage in, prosecute or carry on any business within the city of Garibaldi unless or until such person shall have first obtained a license therefor and paid to the city of Garibaldi the prescribed license fee. [Ord. 77 § 2, 1972.]
5.05.030 License fees.
License fees shall be established by resolution of the council. [Ord. 187 § 1, 1991; Ord. 181 § 2, 1991; Ord. 179 § 1, 1991; Ord. 77 § 3, 1972.]
5.05.040 License fees – Additional.
The license fees imposed hereby shall be in addition to all general ad valorem taxes now or hereafter levied pursuant to law, and shall be in addition to any and all other license fees otherwise imposed by the city of Garibaldi under existing ordinances; it being hereby specifically declared that the foregoing license fees are imposed and the licenses are to be granted with the object of raising revenue, as well as for the purpose of regulation, and that any and all license fees required hereby shall be considered reasonable and legal for the purposes of raising revenue, regardless of costs of regulation. [Ord. 77 § 4, 1972.]
5.05.050 Liability.
Any person representing by sign or advertisement that he is engaged in any business in the city of Garibaldi for which a license is required by this chapter shall be deemed to be actually engaged in such business and shall be liable for the payment of the license fee required therefor. The agent or agents in Garibaldi of nonresident proprietors, engaged in any business for which a license is required by this chapter, shall be liable for the license fee required hereby and subject to the penalties hereof for the failure to pay the same, to the same extent as if they were themselves the proprietors of the business. [Ord. 77 § 5, 1972.]
5.05.060 License – Transferability.
No transfer or assignment of any license or any rights arising thereunder shall be valid or permitted with relation to any license issued hereunder; provided, however, that whenever any person shall sell or transfer in whole a business for which such license has been issued, then the purchaser thereof shall not be required to pay any additional license fee on such business for the balance of the period covered by the previously issued license. [Ord. 77 § 6, 1972.]
5.05.070 Construction.
Nothing herein contained shall be taken or construed as vesting any right in the licensee as a contract obligation on the part of the city as to the amount or character of license fee or license hereunder, and such license fees may be increased or decreased in any or all instances at any time by the city. Nothing herein contained shall be taken or construed as vesting any right in a licensee to operate an otherwise improper or illegal business. [Ord. 77 § 7, 1972.]
5.05.080 Effective date.
The ordinance codified in this chapter shall become effective July 1, 1972, and the license fees provided above shall be paid for licenses to cover the period July 1, 1972, to and including June 30, 1973, excepting those occupations where daily, weekly or quarterly license fees are provided and excepting also, any license fees provided herein which are paid on less than an annual basis.
Every person conducting any business in Garibaldi shall make application to the city recorder for license to carry on such business for the fiscal year July 1, 1972, to June 30, 1973, and make payment of the license fee required hereby. Annually beginning July 1, 1973, such applications shall be made and the license fees paid. The city recorder shall issue a receipt therefor when payment of such license fee is made and issue a license pursuant thereto. This license shall be displayed by licensee on the premises where the business covered thereby is conducted and the licensee shall exhibit the same to any official of the city of Garibaldi upon demand. Licensees shall be billed for the amount of the license annually on a date established by the common council of the city of Garibaldi. Any license fee not paid within 60 days of its due date shall be deemed delinquent and the recorder shall be empowered to sue in any court of competent jurisdiction to collect such fee. [Ord. 77 § 8, 1972.]
5.05.090 Provisions of ordinance severable.
If any provision, section, sentence or phrase of this chapter shall be for any reason adjudged or declared by any court of competent jurisdiction to be unconstitutional or invalid, such judgment or decision shall not affect the validity of the remaining portions of this chapter, and in case injunction may be issued against the city of Garibaldi for the collection of any tax for any specified business, trade, occupation or professions, as with respect to any or all other businesses, trades, occupations or professions, such injunction shall not apply. [Ord. 77 § 10, 1972.]