Business Licenses - 5.04

Any person, partnership, firm, or corporation carrying on or engaging in any business, within the limits of the Town except as specifically exempted herein shall obtain a business license from the Town.

A person, partnership, firm, or corporation shall be deemed to be carrying on or engaging in a business, if he or it does one or more of the following acts within the limits of the Town: providing, selling or renting, soliciting or advertising the sale or rent of goods, wares, merchandise, equipment or services.

This Chapter shall not apply to the following businesses carried on or engaged in within the Town:

1. Utilities operated by the Town or private utility companies that pay franchise or occupational taxes to the Town.
2. Renting of rooms in a private home for residential purposes or the renting of up to and including four (4) residential single family and/or apartment units.
3. Public agencies but not including persons, partnerships, firms, or corporations providing goods, wares, merchandise, equipment or services to such agencies pursuant to a contract.
4. Non-profit enterprises operated for charitable, education, literary, fraternal, or religious purposes.
5. Any business directly and exclusively engaged in interstate commerce.
6. Persons under eighteen (18) years of age or younger who operate businesses with a gross income of less than one thousand dollars (,000) annually.
7. A business which merely delivers goods or materials within the Town which have been purchased or acquired at a place of business located outside of the Town.

The agents or other representatives of a person, partnership, firm, or corporation carrying on or engaging in a business for which a business license is required shall be personally responsible for compliance with this chapter by their principal (s) and/or the business (es) they represent.

A separate license shall be required for each separate business, operated by any single person, partnership, firm, or corporation. A separate license shall be required for each location of a business operated by any single person, partnership, firm, or corporation.

A person, partnership, firm, or corporation to whom a license has been issued may retain his license if he moves his business from one location to another. A person, partnership, firm, or corporation acquiring a business from a person, partnership, firm, or corporation to whom a business license has been previously issued shall nonetheless apply for a new business license. No person, partnership, firm, or corporation shall operate or carry on business under a license issued to another, nor shall any person, partnership, firm, or corporation to whom a license is issued permit another to operate or carry on a business under his license.

Any person, partnership, firm, or corporation required to have a business license shall submit a completed application for such license to the Town manager on a form provided by the Town.

The fee for a business license issued by the town pursuant to this chapter shall be fifty dollars () per calendar year. In the event a business is commenced in any month other than January or February during the year, the fee shall be five dollars () per month times the remaining months in the year. Itinerant vendors or temporary businesses shall be issued a business license for a period of thirty days with the date of issuance. The fee for such license shall be ten dollars ().

The amount of any unpaid business license fee may be recovered by a civil action instituted by the Town. Institution of a civil action by the Town shall not bar or prevent filing of criminal charges for any violation of this Chapter.