AN ORDINANCE AMENDING THE BUSINESS LICENSE
REQUIREMENTS OF CHAPTER 8.02 OF THE HOMER CITY
CODE THE CITY OF HOMER HEREBY ORDAINS: Section 1. Homer City Code Chapter 8.02, entitled General Business License, is hereby
amended as follows: 8.02.010 Business license - required. a. For the privilege of engaging in business in the city, a person shall first obtain a
business license and pay the prescribed license fee. A separate license shall be obtained
for each separate business name under which the person does business in the city. A
license covers all of the business operations in the city conducted under the business
name indicated on the license at the locations indicated on the license., regardless of
the number of its establishments. b. A person engaging in a business subject to other licensing provisions under
this code must, in addition to obtaining the license required by this section, comply with
those other licensing provisions before engaging in business in the city. c
8.02.020 Business license - application.
a. A person shall apply for a business license on forms prescribed by the city manager. The application must include:
1. the name and address of the licensee;
2. the line of business to be conducted in the city;
3. the name under which the licensee will conduct business;
4. the address and local phone number(s) of all business locations in the city;
5. the name and address of (i) the owners of the business if it is a sole proprietorship, partnership, or joint venture, or (ii) the officers of the business if it is a corporation, limited liability company, or other business entity;
6. a copy of the licensee's current Alaska business license; and
7. a copy of the Kenai Peninsula Borough Sales Tax Registration; and
7. 8. all other information the city manager council deems necessary to keep a current record of the business activity conducted in the city.
b. Each business license application shall be accompanied by
the applicable business license fee.
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c. An incomplete application will be rejected and the application fee returned. Rejection of an incomplete application is not a denial of an application and cannot be appealed.
8.02.030 Business license - renewal; amendment.
a. A business license issued under this chapter is good for the calendar year for which it is issued, except a license issued in December is good for the remainder of the calendar year and the succeeding year. An application for renewal of an existing license must be filed prior to January 1 renewed prior to January 15 of the succeeding calendar year, except a seasonal business that operates only during the months of May through September must file a renewal application no later than April 1 of the succeeding calendar year. An application for renewal shall comply with section 8.02.020 and will be treated in the same manner as an original application.
b. A business license must be amended if the information furnished on the application has changed. A completed application for amendment of an existing license must be filed not later than 10 days after the change in information.
8.02.040 Business license - fees. The fees for the application for issuance, renewal, and amendment of a license shall be set by city council resolution. The fees are non-refundable.
8.02.050 Display; inspection.
a. A license issued under this chapter shall be prominently displayed in the licensee's primary business location in the city. If licensee has more than one business location in the city, a true and complete copy of the license shall may be displayed in the additional location(s). If the licensee has no fixed business location in the city, the licensee shall carry the license on his person while engaging in the business activity.
b. A licensee shall upon request produce the license for inspection by any city official, law enforcement officer, or any other person with whom the licensee has or may conduct business.
8.02.060 Regulations. The city manager may adopt regulations, approved by the city council, to implement this chapter.
8.02.070 Applicability of chapter.
a. This chapter applies only to the following:
1. Fisheries business.
2. All other business except those exempt under subparagraph b.
b. The following are exempt from the requirements of this chapter:
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1. commercial fishing under a valid commercial fishing license, but this exemption does not extend to the activity of conducting fish sales to the public or to providing fishing charter services to the public;
2. supplying services as an employee;
3. casual and isolated sales of goods or services by a seller who does not regularly engage in the business of selling goods or services in the city or elsewhere, and the sales do not occur for more than 14 days in a calendar year;
4. federal, state, and local governments and agencies.
8.02.080 Suspension or revocation of license.
a. The city manager may revoke, suspend, or otherwise restrict a license issued under this chapter for any of the following reasons:
1. the licensee provided false information on an application or obtained a business license, renewal, or amendment by other fraudulent or deceptive means.
2. the licensee has violated any provision of this chapter or regulations issued hereunder or the terms or conditions of the business license, including without limitation, any restrictions previously placed on the license;
3. the licensee has performed or permitted the performance of an act on the business premises or in connection with the licensed business that: is contrary to law, ordinance, regulation or endangers the public health, safety or welfare;
4. the licensee is conducting the business at a location other than indicated on the current business license;
5. the licensee is conducting business in an area contrary to the zoning code or on public or private property without the owner's permission.
6. the licensee has sold, assigned, transferred or otherwise conveyed the business license to another person, or has attempted to do so;
7. the licensee knowingly or willfully permits, allows, directs or otherwise sanctions the violation of any provision of this code or city regulations by the licensed business;
b. Except as provided by subsection l below, no decision of the city manager to revoke, suspend or otherwise limit or restrict a business license shall be effective until the licensee is first given the opportunity for a hearing before the city manager. The city manager shall give written notice to licensee of his or her intent to revoke, suspend or add any other limitation or restriction of a business license.
c. The licensee's request for a hearing must be in writing, signed by the licensee (or counsel for the licensee) and delivered to the city clerk within 15 days of giving of the notice of intent under subparagraph b. Licensee's failure to request a hearing
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within the time and in the manner provided shall be deemed a waiver of licensee's appeal rights, including any appellate review to which licensee might have otherwise been entitled, and in such event the city manager's decision is final and unappealable.
d. If the licensee duly makes a request for hearing, the city manager will hold a hearing within 15 days from date of receipt of the request, except in the case of a license revoked under subparagraph l, in which case the hearing will be held within five working days. The city manager may upon written request extend the hearing date, but no extension of more than thirty days shall be granted. The city manager shall notify the licensee of the date, time and place of the hearing
e. The licensee, at his or her sole expense, may be represented by counsel.
f. The hearing shall be open to the public. The proceedings shall be tape recorded. Upon written request, the licensee is entitled to a copy of the tape at no charge.
g. All testimony shall be under oath. The city manager or other person designated to conduct the hearing (the "hearing officer") is authorized to take the oath of the witnesses. The licensee or licensee's representative may examine witnesses. The hearing officer or a representative of the city may also examine witnesses. Exhibits may be introduced. The formal rules of evidence do not apply. Irrelevant or unduly repetitious evidence may be excluded by the hearing officer. The factual record is closed at the close of the hearing. The hearing officer may continue the hearing for good cause.
h. The order of presentation will be:
1. Brief opening statement by the city;
2. Brief opening statement by the licensee, which is optional;
3. Presentation of evidence by city;
4. Presentation of evidence by licensee;
5. Rebuttal as necessary;
6. Argument by city;
7. Argument by licensee;
8. Rebuttal argument by city.
i. The city has the burden of proof by a preponderance of the evidence in any proceeding initiated by the city to revoke, suspend, or otherwise restrict a license issued under this chapter.
j. Within ten working days from the conclusion of the hearing, the hearing officer shall render a written decision that will be effective immediately or according to its
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terms. The decision shall include a statement of grounds supporting the decision or action. The decision is final and appealable as provided in subparagraph k. The city clerk shall mail or deliver a copy of the decision to the licensee.
k. The decision of the hearing officer may be appealed to the Homer City Council. A written notice of appeal must be filed with the city clerk within thirty days of the date the city clerk gives licensee a copy of the hearing officer's decision. Three days will be added if the city clerk mailed the decision to the licensee. The licensee's failure to file a written notice of appeal within this time constitutes a waiver of all appeal rights.
l. The city manager may, without prior warning, notice or hearing, suspend or restrict any business license if the city manager makes a written determination that such action is necessary to eliminate an immediate and substantial danger to the public health, safety or welfare. Such action shall be effective five days after the certified mailing of written notice to the licensee and shall remain in effect for no more than 60 days. The licensee may at any time request a hearing under subparagraph c. A suspension or restriction of a business license under this subparagraph l shall not be extended beyond 60 days unless a hearing is held under this section.
8.02.090 Appeals.
a. The following may appeal an adverse decision of the city manager to the city council: any licensee whose business license has been suspended, restricted, or revoked.
b. The appellant shall file a written notice of appeal with the city clerk within 30 days from the date of the city manager's adverse decision regarding a business license. The notice shall specify all of the grounds for such appeal and refer to specific evidence in the record supporting the appellant's position.
c. After the appeal has been filed, the city clerk will prepare and forward to the city council a record on appeal consisting of the written decision, the notice of appeal, all evidence considered by the city manager or hearing officer, the tapes of the hearing, the application or business license in question, the notice of intent to consider revocation, suspension, or other restriction, and all documents considered by the city manager or hearing officer in making the decision that is the subject of the appeal. The record on appeal will be made available for public inspection and copying.
d. The city clerk shall assign a date for the hearing and give not less than seven days' written notice to the appellant and the city manager.
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e. At the hearing, all parties may be represented by counsel and may offer additional witnesses and exhibits. The burden of proof rests with the appellant.
f. Within 30 days following the conclusion of the hearing, the city council shall issue a written decision that will include findings of facts and conclusions of law and clearly state the grounds upon which the decision is based. The appellant may appeal a decision of the city council to the superior Court within 30 days of the city clerk's distribution of the written decision in accordance with the Rules of Appellant Procedure of the State of Alaska.
8.02.1008.02.080 Violations; penalties.
a. It is a violation of this chapter to:
1. engage in business in the city without obtaining, renewing, or amending a business license as required by this chapter.
2. provide false or misleading information on an application or obtain for a business license, renewal, or amendment by other fraudulent or deceptive means.
3. refuse or fail to produce a business license for inspection upon the request of any person entitled to inspect it.
4. fail to prominently display the business license in the licensee's business locations in the city or to carry the license on the person if the licensee has no fixed business location in the city.
5. violate any regulation adopted to implement this chapter.
b. Upon conviction of any violation of this chapter, a defendant is subject to the penalties authorized in Section 1.16.010.
8.02.1108.02.090 Civil penalties; remedies.
a. The city manager may assess a civil penalty against a person required to have a license under this chapter who:
1. engages in business in the city without obtaining, renewing, or amending a business license as required by this chapter.
2. provides false or misleading information on an application for or obtains a business license, renewal, or amendment, by fraudulent or deceptive means.
3. refuses or fails to produce a business license for inspection upon the request of any person entitled to inspect it.
4. fails to prominently display the business license in the licensee's business location in the city or to carry the license on the person if the licensee has no fixed business location in the city.
5. violates any regulation adopted to implement this chapter.
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b. The civil penalty for a violation of subparagraph (a) of this section may not exceed $100 the first time a civil penalty is assessed, $200 for a second assessment, $400 for a third assessment, and $1,000 for a fourth or subsequent assessment. In addition to assessment and collection of a civil penalty under this section, the city may obtain injunctive or compensatory relief, or both, under Section 1.16.020.
8.02.120 8.02.100 Definitions. In this chapter, unless the context otherwise requires:
"business" means a for profit or nonprofit entity or person engaging or offering to engage in a trade, a service, a profession, or an activity with the goal of receiving a financial benefit in exchange for the provision of services, or goods, or other property.
"city manager" means the City Manager of Homer or city employee designated by the city manager to perform one or more of the functions of the city manager under this chapter.
"fisheries business" means a business that engages in processing fisheries resources.
"fisheries resources" has the same meaning as in 15 AAC 75.300.
"hearing officer" means the city manager or other person designated by the city manager to conduct a hearing under Section 8.02.080.
"person" has the same meaning as in Section 1.04.020.
"processing fisheries resources" means any activity that modifies or preserves the physical condition of a fisheries resource, including without limitation, butchering, freezing, salting, cooking, canning, dehydrating, smoking, decapitating, gutting, gilling, sliming, icing, or other activities performed in preparing fisheries resources for further processing, for subsequent sale, or to maintain the quality of the fresh resource, regardless of whether the processor owns the fisheries resources and regardless of whether the processor is the seller in the subsequent sale of the fisheries resources. Notwithstanding the foregoing, "processing fisheries resources" does not include decapitating shrimp and gutting, gilling, sliming, or icing a fisheries resource solely for the purpose of maintaining the quality of the fresh resource when done by a licensed commercial fisherman on the commercial fishing vessel that caught the fisheries resources.
Section 2. This ordinance is of a permanent and general character and shall be included in the City code.
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ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this ____ day of ___________, 2000.
CITY OF HOMER
_______________________________
Jack Cushing, Mayor
ATTEST:
___________________________
Mary L. Calhoun, CMC, City Clerk
AYES:
NOES:
ABSTAIN:
ABSENT:
First Reading:
Public Hearing:
Second Reading:
Effective Date:
Reviewed and approved as to form:
_____________________________ ___________________________
Ron Drathman Gordon J Tans
City Manager City Attorney