Fairfax Municipal Code Ch. 5.08 Business Licenses Required

(A) There are imposed upon the businesses, trades, professions, callings and occupations specified in this Division I license fees in amounts set by the Town Council. It is unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the town without first having procured a license from the town to do so, or without complying with any and all applicable provisions of this Division I.

(B) This section shall not be construed to require any person to obtain a license prior to doing business within the town if the requirement conflicts with applicable statutes of the United States or of the state.

(C) Persons not required to obtain a license prior to doing business within the town because of conflict with applicable statutes of the United States or of the state shall be liable for payment of the fee imposed by this Division I.

(Prior Code, § 5.08.010) (Ord. 518, passed - -1983)

When any person, by use of signs, circulators, cards, telephone book or newspapers, advertises, holds out or represents that he or she is in business in the town, or when any person holds an active license or permit issued by a governmental agency indicating that he or she is in business in the town, or when any person makes a sale, takes an order, renders a commercial service or performs any other similar act within the town, and the person fails to deny by a sworn statement given to the Town Clerk that he or she is conducting a business in the town, after being requested to do so by the Town Clerk, then these facts shall be considered prima facie evidence that he or she is conducting a business in the town.

(Prior Code, § 5.08.020) (Ord. 518, passed - -1983)

No license for any ensuing, current or unexpired license period shall knowingly be issued to any person who, at the time of making application for any license, is indebted to the town for any unpaid license fee required to be paid under the provisions of this code.

(Prior Code, § 5.08.030) (Ord. 518, passed - -1983)

The issuance of a license under this Division I shall not entitle the licensee to engage in any business which for any reason is in violation of any law, and shall not entitle the holder thereof to carry on any business unless he or she has complied with all the requirements of this code and all other applicable laws; nor shall it entitle the licensee to carry on any business in any building or on any premises designated in the license in the event that the business or premises are situated in a zone or locality in which the conduct of the business is in violation of any law, or if the building does not meet the requirements of the Uniform Building Code, Uniform Electrical Code and the Fire Prevention Code of the town.

(Prior Code, § 5.08.040) (Ord. 518, passed - -1983)

A separate license must be obtained for each branch establishment or location of the business transacted and carried on and for each separate type of business at the same location, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in the license; provided that, warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this Division I shall not be deemed to be separate places of business or branch establishments.

(Prior Code, § 5.08.050) (Ord. 518, passed - -1983)

Whenever any person is engaged in two or more businesses at the same location and doing business under the same name, such as providing a service and, at the same time, selling items at retail, the person or persons shall be required to pay a fee on the gross receipts of the two or more such businesses engaged in.

(Prior Code, § 5.08.060) (Ord. 518, passed - -1983)

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

(A) Fixed place of business. The license must be posted in a conspicuous place upon the premises where the business is carried on.

(B) No fixed place of business. The license must be kept upon the person at all times while transacting business in the town.

(Prior Code, § 5.08.070) (Ord. 518, passed - -1983)