Chapter 5.05
BUSINESS LICENSES
Sections:
5.05.020 Application and investigation.
5.05.060 Cash payment – Delinquent penalty.
5.05.080 Licenses issued subject to revocation.
5.05.140 Date for present businesses.
Prior legislation: 1964 business license ordinance.
5.05.010 License.
It shall be unlawful for any person, firm, corporation, partnership, association, or other entity to engage in or carry on any business, occupation, calling, or profession, which terms shall include peddlers, solicitors, vendors, doctors, lawyers, dentists, architects, engineers, and all professions, within the limits of the town of Manila, Utah, without first procuring a license from the town of Manila for the carrying on or engaging in such business, occupation, calling or profession; provided, however, that no license shall be required for any such activity where the same is solely engaged in interstate commerce. [Ord. 12-9-68A § I.]
5.05.020 Application and investigation.
All applications for licenses shall be made in writing to the town recorder and all certificates of license shall be signed by the mayor and attested by the town recorder under seal, after such investigation of the town council or any such department within the town, and after the consent of the said town council. The application shall show:
A. Date of application.
B. Name of person, firm, corporation, partnership, or association.
C. The kind and nature of the business, occupation, calling, or profession of the applicant.
D. The address of the applicant.
E. Any other facts necessary for the determination of the license fee and propriety of issuance of the license. [Ord. 12-9-68A § II.]
5.05.030 Rates.
The rates of the license shall be as follows:
A. Business License. A flat fee of $10.00 shall be charged for all businesses such as cafes, stores, garages, filling stations, motels, trailer courts, etc. (this may include other businesses as the town grows).
B. Beer License. A flat rate of $100.00 shall be charged for a beer license combined with a business license or $100.00 for a beer license alone.
C. Peddlers, Solicitors and Vendors. Peddlers, solicitors, and vendors (with no fixed place of business) shall be charged an equitable amount (set at $25.00). [Amended during 2008 codification; Ord. 12-9-68A § III.]
5.05.040 Interstate commerce.
It shall be unlawful for any person, firm, corporation, partnership, association, or other entity to engage in or carry on any business, occupation, calling, or profession which is solely in interstate commerce without first registering with the town of Manila and paying the registration fee therefor in the sum of $1.00 per calendar year and the filing with the town recorder of such information as may be required by the Manila town council. [Ord. 12-9-68A § IV.]
5.05.050 License fee a debt.
The amount of any license imposed by ordinance of the town of Manila, Utah, shall be deemed as a debt to said town, and any person, firm or corporation carrying on any trade, calling, profession, or occupation requiring a license from the town of Manila, without having a license from said town of Manila to so do, shall be liable in an action to the town of Manila, to be brought by said town of Manila in any court of competent jurisdiction, for the amount of such license, penalties, and costs. [Ord. 12-9-68A Ch. II § I.]
5.05.060 Cash payment – Delinquent penalty.
All license fees due the town of Manila shall be paid in cash to the office of the town recorder on or before the due date for such license fees, and if not paid when due, then each license shall carry a penalty of five percent for each month or fraction of a month which such license fee is delinquent, of the amount of the license fee, and shall be paid at the time the license fee is paid. [Ord. 12-9-68A Ch. II § II.]
5.05.070 Offense.
Any person, firm or corporation carrying on any trade, calling, or profession, or occupation requiring a license from the town of Manila, without first obtaining such license and having paid therefor the amount of such license and penalties, is guilty of a misdemeanor, and shall be punished as is provided by law. [Ord. 12-9-68A Ch. II § III.]
5.05.080 Licenses issued subject to revocation.
All licenses which have been issued or which may hereafter be issued by the town of Manila shall be subject to revocation as hereinafter provided, without regard to any expiration date on said license as issued. [Ord. 12-9-68A Ch. III § I.]
5.05.090 Procedure.
At any time that in the opinion of the mayor or the town council, the public interest will be best served by revocation of any license or licenses issued by the town of Manila, the town council or the mayor may direct the town recorder to send notice to the holder or holders of such licenses directing said holder or holders to appear before the town council at a definite date and hour to be stated in such notice and to show cause, if any, why such license or licenses should not be revoked; provided, however, that the time set for such appearance by said licensee shall be not less than five days after the date of mailing such notices; and provided further, that such notice shall be mailed to said licensee by regular mail, postage prepaid, and addressed to the address of such licensee as shown on the application for each notice, or at any subsequent address which has been given to the town recorder by such licensee. [Ord. 12-9-68A Ch. III § II.]
5.05.100 Hearing.
At the hour and date stated in such notice the licensee shall have an opportunity to appear before the town council and show cause why such license shall not be revoked or cancelled, and may appear in person or by counsel, and the town council shall thereupon proceed to hear all persons interested in the matter and determine whether or not such license should be revoked. [Ord. 12-9-68A Ch. III § III.]
5.05.110 No refund or rebate.
In the event of revocation as herein provided, there shall be no refund or rebate of any part of the original license fee paid by the licensee. [Ord. 12-9-68A Ch. III § IV.]
5.05.120 Failure to appear.
In the event that the licensee shall fail, neglect, or refuse to appear at the hour and date set for such a hearing, the council may proceed to determine the matter in the absence of the licensee, or may, in its sole discretion, continue the date of such hearing to some later date, and at said later date proceed to act on the matter without further notice to the licensee. [Ord. 12-9-68A Ch. III § V.]
5.05.130 Offense.
It shall be unlawful for any person or persons to carry on, conduct, or operate any business, trade, or profession for which a town license is required, after such person’s license has been revoked or cancelled in accordance with the provisions of this chapter; and any person, firm, or corporation violating the provisions of this section shall be guilty of a misdemeanor and be punishable as is provided by law. [Ord. 12-9-68A Ch. III § VI.]
5.05.140 Date for present businesses.
All businesses operating at the present time shall pay business licenses fees on January 15, 1968, and thereafter January 1st of each year, and must be paid within 30 days. [Ord. 12-9-68A Ch. IV § I.]
5.05.150 New businesses.
New businesses shall pay their business license fee before opening their businesses and thereafter on January 1st of each year, and must be paid within 30 days after January 1st. [Ord. 12-9-68A Ch. IV § II.]