CITY OF HOMER
Port/Harbor/City Manager
HOMER, ALASKA
ORDINANCE 03-62
AN ORDINANCE OF THE CITY OF HOMER REPEALING HOMER CITY CODE CHAPTER 8.02, GENERAL BUSINESS LICENSE.
WHEREAS, The Homer Port/Harbor Advisory Commission (The Commission) discussed and reviewed Homer City Code (HCC) Chapter 8.02, General
Business License during their Regular
Meeting of September 24, 2003; and
WHEREAS, The Commission recommends that HCC 8.02 be repealed since it pertains only
to Fisheries Businesses, HCC §8.02.070; and
WHEREAS, The Commission noted that the Fisheries Business Licence is an administrative
burden, not justified by collected revenues or by utilization of data ensuing from issuance of the licenses; and
WHEREAS, The Port/Harbor Department concurs with the recommendation of the Commission.
NOW, THEREFORE, THE CITY OF HOMER ORDAINS:
Section 1. That HCC Chapter 8.02 be repealed in entirety
Chapter 8.02
GENERAL BUSINESS LICENSE
Sections:
8.02.010 Business license--required
8.02.020 Business license--application
8.02.030 Business license--renewal; amendment
8.02.040 Business license--fees
8.02.050 Display; inspection
8.02.060 Regulations
8.02.070 Applicability of chapter
8.02.080 Violations; penalties
8.02.090 Civil penalties; remedies
8.02.100 Definitions
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, 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. (Ord. 99-9, 1999.)
8.02.020 Business license--application. 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. All other information the city manager deems necessary to keep a current record of the business activity conducted in the city. (Ord. 99-9, 1999.)
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. An
existing license must be renewed prior to January 15 of the succeeding calendar year.
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 ten days after the change in information. (Ord. 99-9, 1999.)
8.02.040 Business license--fees. The fees for issuance, renewal, and amendment of a license shall be set by city council resolution. (Ord. 99-9, 1999.)
8.02.050 Display; inspection. a. A license issued under this chapter shall be prominently displayed in the licensee's business location in the city. If licensee
has more than one business location in the city, a true and complete copy of the license 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. (Ord. 99-9, 1999.)
8.02.060 Regulations. The city manager may adopt regulations, approved by the city council, to implement this chapter. (Ord. 99-9, 1999.)
8.02.070 Applicability of chapter. This chapter applies only to the following:
1. Fisheries business. (Ord. 99-9, 1999.)
8.02.080 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 for a business license, renewal or amendment.
3. Refuse or fail to produce a business license for inspection upon the request for 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. (Ord. 99-9, 1999.)
8.02.090 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 a business license, renewal or amendment.
3. Refuses or fails to produce a business license for inspection upon the request for 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.
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.
c. 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. (Ord. 99-9, 1999.)
8.02.100 Definitions. In this chapter, unless the context otherwise requires:
"business" means a for profit or non profit 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.
"fisheries business" means a business that engages in processing fisheries resources.
"fisheries resources" has the same meaning as in 15 AAC 75.300.
"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 and 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 resources 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. (Ord. 99-9, 1999.)
Section 2. This ordinance is a general ordinance of a permanent nature and shall be included in the City Code.
ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA this ______ day of _________, 2003.
CITY OF HOMER
_____________________________
ATTEST: JACK CUSHING, MAYOR
MARY L CALHOUN, CMC, CITY CLERK
YES:
NO:
ABSTAIN:
ABSENT:
First Reading:
Public Hearing:
Second Reading:
Effective Date:
Reviewed and Approved as to form and content:
__________________________ _________________________
Walt E. Wrede, City Manager Gordon J. Tans, City Attorney
Date: _______________ Date: _______________
Fiscal Note: $25 per license. Revenue Budgeted 2003, $200.00.
MLC/mlc