Loading...
HomeMy WebLinkAboutOrd1994-015 . . . Sponsored )>y: Tones Introduction Da~: 02/28/94 Public Hearing D)te: 03/14/94 ,I CITY OF SEWARD, ALASKA ORDINANCE NO. 94-15 I ,/ I , I ,I AN ORDINANCE OF THE CITY COUNCIL OF TIJE CITY OF SEWARD, ALASKA, PROVIDING FOR A CITY BUSINESS LICENSE / , THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: / / A new Chapter 8.30 of the Seward qtjr Code is hereby created to read / Section 1. as follows: Chapter 8.3~/ Business Litense / 8.30.010 Definitions. As used in this chapter: A. "Applicant" means the person's name that appears on the business license application. I B. "Business" includes:,' 1. all activitif~ or acts, whether personal, professional or corporate, engaged in or causetf to be engaged in with the object of financial or pecuniary gain, profit or beneJft, either direct or indirect; and 2. folloufng or engaging in a trade, profession or business, including but not limitedlo receipts from advertising services, rental of personal or real property, const1;uction, processing or manufacturing with the object of financial or pecuniary iain, profit or benefit, either direct or indirect. C. "City;terk" means the city clerk of the city or the designee of the city clerk. D. "City manager" means the city manager of the city or the designee of the city manager. E. "Finance department" means the city finance department. F. "Engage in business" means to operate or to conduct a business within thfeity limits and includes mobile vendors and temporary vendors operating or conducting a business within the city limits for any period of time. G. "Landlord" means the owner of a structure or portion of a structure located in the city which is rented or offered for rent. H. "Licensee" means the person in whose name a business license is issued. --=t cu1-e c( 3/rLf!'rt{ . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 94-15 I. "Owner" means all persons having a proprietary interest in the business requiring a license, or, in the case of a corporation, "owner" means all persons holding more than 20% of the voting stock in the corporation. ]. "Person" includes an individual, finn, partnership, joint venture, association, corporation, estate trust, business trust, receiver or any group or combination acting as a unit. 8.30.015 Business license required. A. No person may engage in a business in the city without first obtaining an annual business license. B. A separate business license is required for each business location, except that a landlord is required to have only one business license regardless of the number of rental units operated as part of the rental business. C. The business license shall be displayed prominently at the site of the business. D. A business license may not be sold, assigned, transferred or otherwise conveyed. If a person ceases to engage in business or changes the name, nature or business location, the business license expires. 8.30.020 Exclusion from business license requirement. A. A person is not required to obtain a business license under this chapter if: 1. engaged in fishing, unless conducting fish sales to the public from a vessel or providing charter services to the public; 2. giving or supplying of services as an employee; 3. a non-profit organization, unless operating a retail enterprise from a pennanent site or structure. B. Government and governmental services are not required to obtain a business license under this chapter. 8.30.025 Application for a business license. A. A person engaging in a business shall apply to the finance department for a business license on a fonn prescribed by the finance department no later than 30 days from the later of the effective date of this chapter or the date of commencement of the business and no later than January 31 in each subsequent year. B. Each application shall contain the following infonnation: 1. the full and true name of the applicant and all names and aliases used by the applicant; 2. the full and true name of the owner, if different than the applicant, and all names and aliases used by the owner; -2- . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 94-15 3. the mailing, residential and business addresses of the applicant (and owner if different than the applicant) and the street address of the proposed business; 4. 5. 6. the date the application is made; the legible signature of the applicant; and an affirmation or oath as may be required on the application form. C. Each application shall be accompanied by: 1. an annual fee to be determined annually by resolution of the city council; 2. proof satisfactory to the finance department that the applicant has received or applied for a valid state business license when such a license is required by state law; 3. proof satisfactory to the finance department that the applicant has received an applicable federal or state occupational license when such license is required by federal and/or state law; 4. proof satisfactory to the finance department that the applicant has received a valid Kenai Peninsula Borough sales tax license when such license is required by law; 5. proof satisfactory to the finance department that the applicant has received a federal lO number when such a number is required by law; 6. a description of the type of business setting forth the general nature of the business and, where applicable, seating capacity, square footage, the number of gas pumps/stalls and marine vessel passenger capacity; 7. a certificate from the fire chief and a certificate from the building inspector attesting that the business meets all necessary fire, building and other codes and regulations enforced by the fire department or the building inspector; and 8. a verification from the finance department attesting that all accounts for utilities, taxes and assessments are current. O. Upon receipt of the application in the proper form, accompanied by the annual fee, the finance department shall review the application and may consult with appropriate city or state officials to determine whether the information contained therein is true and complete and otherwise in compliance with this chapter. E. Upon determining that the business application is in compliance with this chapter, the finance department shall issue a business license specifying: 1. the name and address of the licensee; 2. the nature of business to be conducted; 3. the dates for which the license is issued; 4. the business name to be used by the licensee; and 5. the location of the business. -3- . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 94-15 F. If the application is denied, the finance department shall indicate on what grounds the denial is based. The original application fee will not be refunded. G. If an application is denied, the finance department may issue a temporary license valid for no more than 14 calendar days to pennit the applicant time to reapply. If no application is submitted within the 14 day period, or if the subsequent application is denied, the applicant is in violation of this chapter and must either cease engaging in business or be subject to the penalty provisions contained in this chapter. 8.30.030 Renewals. The finance department shall treat applications for renewal of licenses in the same manner as an original application. 8.30.035 Suspension or revocation of license. A. The finance department may revoke, suspend or othenvise restrict a license required by this chapter for any of the following reasons: 1. that the applicant made a false or misleading statement or representation in connection with the application for a business license; 2. that the licensee has violated any provision of this chapter, regulations issued hereunder or the tenns or conditions of the business license; 3. that the licensee is perfonning or pennitting the perfonnance of an act on the licensed premises or in connection with the licensed business that endangers the public health, morals, safety or welfare; 4. that the licensee is conducting the business at a place other than that indicated on the current business license; 5. that the licensee has sold, assigned, transferred or othenvise conveyed the business license to another person; or 6. that the licensee knowingly or willfully penn its, allows, directs or otherwise sanctions the violation of any provision of this code or city regulations. B. Except as provided by subsection C below, no decision of the finance department to revoke, suspend or otherwise limit or restrict a license granted under this chapter shall be effective until the person holding that license is first given an opportunity to be heard. The finance department shall notify a licensee of its intent to consider revocation, suspension or any other limitation or restriction of a license application, specifying a date and time for a hearing. At the hearing, all parties may be represented by counsel and may offer witnesses and exhibits. At the conclusion of the meeting, the finance department shall issue its decision. The licensee may appeal the decision to the city manager under 8.30.040. C. The finance department may, without prior warning, notice or hearing, suspend or restrict any license granted under this chapter if that action is necessary to eliminate an immediate and substantial danger to the public health, -4- . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 94-15 safety or welfare. Suspensions or restriction ordered under this subsection shall be effective five days after the finance department mails a written notice to the licensee via certified mail to the address listed on the business license application. The written notice shall also set a hearing date to take place within five working days following the effective date of a suspension or restriction so that the licensee will be afforded an opportunity to be heard on the decision to suspend or restrict the business license. The hearing will be held before the finance department. At the hearing, all parties may be represented by counsel and may offer witnesses and exhibits. At the conclusion of the hearing, the finance department shall issue its final decision. The licensee may appeal the decision to the city manager under 8.30.040. 8.30.040 Appeals. A. The following may appeal an adverse decision of the finance department to the city manager; 1. any person denied a business license; 2. any licensee whose business license has been suspended or revoked by the finance department. B. No appeal may be taken unless the person files a written notice of appeal with the city clerk within 30 days from the date of the finance department's adverse decision regarding a business license. e. The written notice of appeal shall specify all of the grounds for such an appeal. All documents supporting the applicant's position should be attached to the notice of appeal. The notice of appeal should specify whether the appellant wishes to have the appeal decided on the written appeal notice or whether the applicant wishes to have a hearing before the city manager. D. After an appeal has been filed, the finance department will prepare a memorandum to the city manager outlining the reasons why the finance department took the complained of adverse action. Upon request by the appellant to the city manager, the finance department memorandum will be made available for inspection and copying. E. If the appellant chooses to have the appeal decided on the written record, the city manager shall issue a written decision within 60 days of the date the appeal notice is received by the city clerk. F. If the appellant chooses to have a hearing before the city manager, the city clerk shall assign a date for the hearing. The clerk shall notify the appellant of the hearing date by mailing a notice of hearing to the appellant by certified mail. e. At the hearing, all parties may be represented by counsel and may offer witnesses and exhibits. The burden of proof rests with the appellant. H. Within 30 days following the conclusion of the hearing, the city manager shall issue written findings of facts and conclusions of law and clearly -5- . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 94-15 state the grounds upon which the decision is based. The appellant may appeal a decision of the city manager to the superior court within 30 days in accordance with the Rules of Appellate Procedure of the state of Alaska. 8.30.045 Prohibited acts. A. It is unlawful for any person to engage in a business without first receiving the license required by this chapter for that business. B. It is unlawful for any person to obtain or attempt to obtain a license by making a false statement in the application or by other fraudulent or deceptive means. C. It is unlawful for any person to forge, counterfeit or fraudulently alter a license issued under this chapter. 8.30.050 Penalties. A. If a person is required to have a business license under this chapter but fails to do so, the city may recover in an action at law against that person all current and past business license fees due and owing along with all reasonable attorney's fees and costs incurred by the city in recovering the business license fees owed. B. A person who willfully fails to obtain a business license required by this chapter shall also be subject to a civil penalty equal to twice the amount of all current and past business license fees due and owing. C. A person who obtains or attempts to obtain a license by making a false statement in the application or by other fraudulent or deceptive means and any person who forges, counterfeits or fraudulently alters a license issued under this tile is, in addition to those penalties contained in subsections A and B above, subject to a civil penalty of not less than $100.00 nor more than $1,000 dollars for each offense. D. The city may not pursue any action at law against a person when an appeal from an adverse decision of the finance department is pending. E. All fees and penalties collected by the city under this chapter shall be deposited in the city's general fund. 8.30.055 Disclosure of licensed businesses. A list of all licensed businesses in the city will be made available to the public for purchase at a price detennined by the city. The list will include the name of the licensed business, the name of the owner/operator and the business address. No financial information of the business will be released. 8.30.060 Regulations. A. The city manager may adopt regulations applying and interpreting this chapter and may prescribe fonns required for the administration of this chapter. -6- . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 94-15 B. Any person may apply to the city manager for a ruling on the application of this chapter to that person's business. If the city manager determines that such a ruling has general application, he may adopt it as a regulation. Section 2. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this * day of *, 1994. THE CITY OF SEWARD, ALASKA Dave W. Crane Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska Linda S. Murphy, CMC/AAE City Clerk City Attorney (City Seal) -7-