Bradbury Municipal Code Art. I In General

For the purpose of this chapter, certain words and phrases are defined and shall be construed as follows unless it is apparent from the context that a different meaning is intended:

Business means and includes any calling, location, profession, trade, occupation, exhibition or enterprise, including, but not limited to, the following:

(1) Contractors and subcontractors. Any person holding a State license as a contractor shall be considered a contractor for purposes of this chapter. Any contractor performing any job within the City requiring any building, plumbing, electrical, excavation or other similar type of permit, shall be deemed to be doing business within the City.

(2) Home occupation. The term "home occupation" means any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof. Such home occupation may include, but is not limited to, the following:

a. Consultative professional occupations whose function is one of rendering a service and does not involve the dispensation of goods and products.

b. The selling or otherwise disposing of agricultural services and products produced on the premises.

c. Secondary business offices where the business has its principal office, staff and equipment located elsewhere.

d. Farm management offices where an agricultural operation on the premises requires such an office.

e. The giving of music lessons and similar occupations.

f. The home office of a salesperson when all sales are done by written order with no commodities or displays on the premises. This subsection includes, but is not limited to, the sale of cosmetics and household appliances.

g. Drafting, designing and the like, using only the normal drafting equipment.

h. Computer operations: general data processing, design or sales. Hardware development or manufacture not permitted under this subsection. (Engineer designing computer not allowed on premises.)

i. Child care, music lessons or general education tutoring lesson where such is done as a service.

j. In addition to the above, the term "home occupation" shall include the criteria provided in Subsections (1) through (11) of the definition of "home occupation" in Section 9.25.020.

(3) Landscape gardeners or architects. Any person who operates or conducts any services relative to the maintenance of any yard within the City, including, but not limited to, tree trimmers, gardeners and landscapers.

(4) Light agricultural uses, animals. The use of animals for commercial purposes shall be limited to boarding, training, breeding, raising and grazing operations conducted entirely on the premises, exhibiting no manifestations of commercialism and not open to public visitation.

(5) Moviemaking and television productions. Any person conducting or operating any moviemaking or television production activities within the City.

(6) Nurseries and other related uses. Nursery stock, orchards, vineyards, the raising of field crops, tree, berry and bush crops, or vegetable or flower gardening; providing no roadside stands or sales offices shall be permitted nor shall there be permitted any retail sale from the premises or advertising signs of any nature.

(7) Painter. Any person who conducts or operates any painting service within the City.

(8) Swimming pool maintenance. Any person who conducts or operates any swimming pool maintenance within the City.

(9) Private patrol. Any person conducting or operating a private patrol or night watch system or service within the City, excluding private area patrol.

(10) Realtors. Any person licensed as a real estate broker and any sales agent, or employee thereof, who operates or conducts real estate sales or purchases within the City.

(11) Refuse collection. Any person conducting or operating any refuse collection service, including the collection of garbage, provided, however, that this phrase shall not be construed to refer to any person collecting garbage or refuse within the City when such collection is being made pursuant to a contract by such person with the City.

(Prior Code, § 6100)

The purpose of this chapter is solely to raise revenue for municipal purposes and is not intended for regulation.

(Prior Code, § 6101)

Any person required by the chapter to pay a license tax shall not be relieved from the payment of any license tax required by any other provisions of this Code and shall not be relieved from any regulations required by other provisions of this Code.

(Prior Code, § 6102)

(a) There is hereby imposed upon every business being conducted within the City a license tax in the amount hereinafter prescribed.

(b) No person shall transact and carry on any business in the City without first having procured a business license from said City to engage in such business or without complying with any and all applicable provisions of this chapter. Failure to obtain a license when required may result in a misdemeanor conviction punishable by a fine and/or imprisonment.

(c) The term "person" as used in this chapter means and includes all domestic and foreign corporations, partnerships of every kind, clubs, business or common law trusts, societies, and individuals transacting any business in the City.

(Prior Code, § 6103)

(a) Nothing contained in this chapter shall be construed to require any person to obtain a license or pay the requisite tax therefor prior to doing business within the City if such requirement conflicts with the Constitution or applicable statutes of the United States or the State.

(b) Any person claiming an exemption pursuant to this section shall file a sworn statement with the City Clerk stating the facts upon which exemption will subject the person to the taxes imposed by this chapter and to a penalty pursuant to Section 13.01.110, as discussed herein.

(c) The City Clerk shall, upon a proper showing contained in the sworn statement, issue a license tax receipt to such person claiming exemption under this section.

(d) The City Clerk, after giving notice and a reasonable opportunity for hearing to a person with a license tax exemption, may revoke any license tax receipt granted pursuant to the provisions of this section upon information that said person is not entitled to the exemption as provided herein.

(Prior Code, § 6104)

Every person required to have a license under the provisions of this chapter shall make application for the same to the City Clerk and, upon the payment of the prescribed license tax, the City Clerk shall issue to such person a license which shall contain:

(1) The name of the person to whom the license is issued;

(2) The nature of the business;

(3) The place where such business is to be transacted and carried on;

(4) The date of expiration of such license; and

(5) Such other information as may be necessary for the enforcement of the provisions of this chapter.

(Prior Code, § 6105)

No license issued pursuant to this chapter shall be transferable.

(Prior Code, § 6106)

A duplicate license may be issued by the City Clerk to replace any license previously issued hereunder under the payment to the City Clerk of a fee in an amount as established by the City Council from time to time.

(Prior Code, § 6107)

All licenses must be kept and posted in the following manner:

(1) Any licensee transacting and carrying on business at a fixed place of business in the City shall keep the license posted in a conspicuous place upon the premises for such business where such business is carried on.

(2) Any licensee transacting and carrying on business but not operating at a fixed place of business in the City shall keep the license upon his person at all times while transacting and carrying on such business.

(Prior Code, § 6108)

(a) How payable. The license tax shall be paid by mailing or delivering the same to the City Clerk.

(b) When payable. Annual license taxes due under this chapter shall be due and payable in advance prior to commencement of business in the City, and each year thereafter, prior to the expiration date.

(Prior Code, § 6109)

Failure to pay a license tax when due will subject the person to a penalty of ten percent of said license tax on the last day of each month after the due date thereof, providing that the amount of such penalty shall in no event exceed 50 percent of the amount of the license tax due. Such penalty shall be collected and the payment thereof shall be enforced in the same manner as other license taxes are collected and payment enforced.

(Prior Code, § 6110)

Every license issued pursuant to this chapter shall expire 12 months following the date of its issuance. (We have a policy stating a license expires one year from date it was issued.)

(Prior Code, § 6111)

(a) Duties of the City Clerk. It shall be the duty of the City Clerk, and the City Clerk hereby is directed to enforce each and all of the provisions of this chapter, and the Sheriff shall render such assistance in the enforcement thereof as from time to time may be required by the City Clerk or the City Council.

(b) Procedure for enforcement. The City Clerk, upon hearing, after giving the licensee ten days' notice of the grounds for revocation or suspension and the time and place or hearing and requiring him to show cause why his license or licenses should not be revoked, may revoke or suspend any one or more of the licenses held by such licensee. Within three days after the decision, the City Clerk shall notify the licensee thereof.

(c) Appeal. Any person aggrieved by the decision of the City Clerk may appeal therefrom to the City Council in the manner provided in Subsection (e)(1) of this section.

(d) Failure to appeal. In the event no appeal is taken by the licensee, the decision of the City Clerk revoking or suspending such license shall become final and conclusive on expiration of the time herein fixed for appeal.

(e) Appeal procedure. Unless a different appeal procedure for specific grievances is provided elsewhere in this title, the following procedures shall apply:

(1) Any person aggrieved by any decision of the City Clerk or of any other officer of the City made pursuant to the provisions of this title may appeal therefrom to the City Council within 15 days after notice thereof, by filing with the City Clerk a written notice of appeal, briefly stating in such notice the grounds relied upon for appeal. If such appeal is made within the time prescribed, the City Clerk shall cause the matter to be set for hearing before the City Council to be held within 45 days from the date of receipt of such notice of appeal, giving the appellant not less than ten days' notice in writing of the time and place of hearing. The findings and determination of the City Council at such hearing shall be final and conclusive, and within five days after such findings and determination are made, the City Clerk shall give notice thereof to the appellant.

(2) In the event no appeal is taken by the permittee, the decision of the City Clerk or other City officer shall become final and conclusive on expiration of the time herein affixed for appeal.

(3) Once a decision is final, either after hearing or in the event a hearing is not requested, the only appeal therefrom shall be by way of petition for writ of administrative mandamus to the Superior Court of the County.

(Prior Code, § 6112)

The amount of any license tax and penalty imposed by the provisions of this chapter shall be deemed a debt to the City. An action may be commended in the name of the City in any court of competent jurisdiction for the amount of any delinquent license tax and penalties.

(Prior Code, § 6113)

(a) When any person shall by use of signs, circulars, cards, telephone book or newspaper advertisements, via social media or the Internet, holds out or represents that such person is in business in the City, or when any person holds an active license or permit issued by a governmental agency indicating that such person is in business in the City, and such person fails to deny by a sworn statement given to the City Clerk that such person is conducting a business in the City after being requested to do so by the City Clerk, then these facts shall be considered prima facie evidence that such person is conducting a business in the City.

(b) If any section, subsection, sentence, phrase, portion or part of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted the ordinance from which this chapter is derived and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions be declared invalid or unconstitutional.

(Prior Code, § 6114)