Needles Municipal Code Art. 12 I In General

12-1 Definitions 12-2 Required--Generally; Compliance With Regulations 12-3 Same--Branch Establishments 12-4 Same--Two Or More Businesses Operated By One Person 12-5 Same--Exemptions 12-6 Application 12-7 Prerequisites To Issuance--Completion Of Application; Revocation Of License 12-8 Same--State License Required 12-9 Same--Persons Indebted To City For Unpaid License Fees 12-10 Same--Written Reports Required Where License Fee Based On Gross Receipts 12-11 Payment Of License Fees 12-12 Issuance; Receipts 12-13 Licenses Not To Authorize Unlawful Businesses 12-14 License Periods; Expiration Of Licenses 12-15 Posting And Keeping 12-16 Transferability 12-17 Duplicates 12-18 Enforcement Of Chapter 12-19 Penalties For Delinquent Payment Of Fees 12-20 Collection Of Fees By Court Action 12-21 Abatement Of Violations

12-1 Definitions

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Applicant." The owner, of the Owner’s Authorized Representative, applying for a License pursuant to this Chapter.

"Business." Such term, used alone, shall be held and construed to mean and include “business,” “profession,” “trade,” “calling,” “occupation,” “show,” “exhibition” or “game,” and all kinds of calling carried on for profit or livelihood.

"Employee." All persons engaged in the operation or conduct of any business, whether as owner, any member of the owner’s family, partner, agent, manager, solicitor and any other persons employed or working in such business.

"Family." A person or persons living together as a single housekeeping unit in a Rental Dwelling Unit.

"Gross receipts." Except as otherwise provided in this chapter, such term means the gross receipts of the calendar year and is defined as follows:

The total amount of the sales price of all sales, total amount charged or received, including commissions, for the performance of any act or employment, whatever nature it may be, whether such service, act or employment is done as a part of or in connection with the sales of goods, wares, merchandise, or not, for which a charge is made or credit allowed, including all receipts, cash credits and property of every kind or nature any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost of materials used, labor or service cost, interest paid or payable, losses or other expenses whatsoever; provided, that any discounts allowed or taken on sales shall not be included and this chapter shall not be construed to imposed any tax upon any business or transaction which the city is not authorized to license or tax under any laws of the state or of the United States. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, and such part of the sales price of any property previously sold returned by the purchaser to the seller, which is refunded by the seller by the way of cash or credit allowances given or taken as part payment on any property so accepted for resale, shall be deducted for the purpose of determining the gross receipts.

"Jobbers." Any persons engaged in, conducting, managing or carrying on a business exclusively at wholesale from a nonfixed place of business, calling on retail dealers and selling or offering for sale goods, wares or merchandise.

"Licensee." The person issued a Rental Dwelling Unit Business License pursuant to this Chapter.

"Lodging unit or Unit (sometimes referred to as Dwelling Unit)." A room or suite of rooms with a single kitchen used for the residential use and occupancy, and which is rented to person(s) other than the owner. (The density standards applicable to short-term lodging units shall be no greater than the density otherwise allowed in the underlying zone.)

"Owner." The person(s) or entity(ies) that hold(s) legal and/or equitable title to the lodging unit.

"Owner’s Authorized Representative or Authorized Representative of the owner." Any person authorized by a writing signed by the owner to act on the owner’s behalf in regards to an owner’s Rental Dwelling Unit(s).

"Peddler, wholesale and retail." The term “wholesale peddler” means and includes all persons, both principal and agent, who travel from place to place or have a stand upon any public street or alley or any other place, doorway of any room or building, unenclosed or vacant lot or parcel of land, and who sells or offers for sale any of the products mentioned in this chapter to retail dealers for the purpose of resale, and the person so

engaged shall not be relived from the provisions of this section by reason of association temporarily with any lawful dealer, trader, merchant or auctioneer, or by conducting any temporary business in connection with, or as a part of, or in the name of, any local dealer, trader, merchant or auctioneer, or any sale by a retail peddler to a retail dealer for the purpose of resale.

All other peddlers not designated as wholesale peddlers under this definition shall be qualified as a retail peddler.

"Peddler or peddling." Traveling from house to house, hawking, vending and selling goods, wares or merchandise by the taking of an order and the making of a delivery concurrently, and also the transportation of any goods, wares or merchandise upon any vehicle or by any means whatsoever, which goods, ware or merchandise have not been sold to or ordered by a buyer prior to such transportation and which goods, wares or merchandise are intended to be offered for sale and delivery to the members of the public; provided, that such terms shall not mean and include the delivery of goods, wares or merchandise by a person engaged in the business of selling such goods, wares or merchandise at a fixed place in the city, or elsewhere, and which goods, wares or merchandise have been ordered to be so delivered prior to such deliveries. Such terms shall include the delivery of goods, wares and merchandise at the time of, or within a period of two hours from the time of, obtaining such order for delivery unless such order is placed by the buyer at a fixed place of business of the seller.

"Person." Any individual, firm, co-partnership, corporation, company, association, organization, joint stock association or body politic; and includes any trustee, receiver, assignee or other similar representative thereof.

"Persons." All domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts trust, business, or common law trusts, societies, and individuals transacting and carrying on any business in the city, other than as an employee.

"Rental Dwelling Unit." Any structure or part of a structure, including but not limited to, a home, apartment, condominium, and units of multiplexes and apartment buildings, which is used as a home, residence or sleeping place by one or more persons and that is rented or leased, in whole or in part, for thirty (30) consecutive days or greater in any consecutive twelve (12) month period.

"Rental Dwelling Unit Business License or License." The business license issued pursuant to this Chapter.

"Short-term." Occupancy of a lodging unit for a period of thirty consecutive calendar days or less.

"Short Term Lodging Rental Properties." The renting or letting of residential units for purposes of dwelling, sleeping or lodging for a period of thirty consecutive calendar days or less.

"Subject property." The underlying real property where the Rental Dwelling Unit is located.

"Transient merchant." Any person or employee who engages in a temporary business in the city, by selling or offering for sale, goods, wares, merchandise or things or articles of value, for a period of not more than six months, and who for the purpose of carrying on such business hires, leases or occupies any room, building, structure or stand on any real property, on or adjoining any street or public place in the city. The person or employee so engaged shall not be relived from the provisions of this chapter by reason of association temporarily with any local dealer, trader, merchant or auctioneer, by reason of conducting such temporary business in connection with or as a part of any local business or in the name of any local dealer, trader, merchant or auctioneer.

"Vehicle." Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power.

"Words and phrases generally." Words and phrases used in this chapter and not specifically defined shall be construed according to the context and an approved use of the language. (Ord. 215 N.S.; Ord. 6-AC; Ord. 7- AC.; Ord. 555-AC; Ord. 577-AC.)

HISTORY Amended by Ord. 555-AC Adding Definitions "Lodging unit or Unit", "Owner", "Short Term", "Short Term Lodging Rental Properties" on 8/27/2013 12-2 Required--Generally; Compliance With Regulations

No person, whether as principal, agent, clerk or employee, either for himself, or any other person, or for any body corporate, or as an officer of any corporation, or otherwise, shall commence or carry on any business, profession, trade, calling, occupation, show, exhibition or game specified in this chapter in the city, without first having procured a license from the city so to do, or without complying with all regulations of such business, profession, trade, calling, occupation, show, exhibition or game, contained in this chapter. (Ord. No. 215 N.S., § 1.)

12-3 Same--Branch Establishments

Except as otherwise provided in this chapter, separate licenses shall be obtained for each branch establishment or location of business engaged in, and each license shall authorize the licensee to engage only in the business licensed thereby at the location, or in the manner designated in such license; provided, that warehouses and distributing plants used in connection with, and incidental to, a business licensed under the provisions of this chapter, shall not be deemed to be separate places of business or branch establishments. (Ord. 215 N.S.)

12-4 Same--Two Or More Businesses Operated By One Person

Whenever any person is engaged in two businesses, or is carrying on two or more activities, one or more of which is licensed on the gross receipt basis, such person shall pay a license for each activity licensed on the flat rate basis, and also pay on the portion of his activities or business which is licensed on a gross receipt basis. (Ord. 215 N.S.; Ord. 6-AC.)

12-5 Same--Exemptions

1. The provisions of this chapter shall not be deemed or construed to require the payment of a license fee to conduct, manage or carry on any business, occupation or activities, or require the payment of any license fee from any institution or organization so conducted, managed or carried on, wholly for the benefit of charity purposes or from which profit is not derived, either directly or indirectly by any person, nor shall any license be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary or religious or moral subjects, whenever the receipts of such entertainment, concert, exhibition or lecture are to be appropriated to any person or school, or to any religious benevolent purpose, within the city, nor shall any license be required for the conducting of any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association, whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purpose and objects for which such association or organization was formed and from which profit is not derived either

directly or indirectly by any persons. Nothing in this section shall be deemed to exempt any such association or organization from complying with the provisions of this Code or any other ordinance of the city requiring such institution or organization to obtain a permit from the city council or proper officers to conduct, manage or carry on any such entertainment, concert, exhibition, lecture, dance or any business. 2. Nothing in this chapter shall be deemed or construed as applying to any person managing or carrying on, or engaging in, any business or occupation exempt from taxation by municipal corporations under the laws and constitution of the state, and the laws and Constitution of the United States. 3. The provisions of this chapter shall not be deemed or construed to require the payment of a license fee by any honorably discharged soldier, sailor or marine of the United States, for peddling or hawking any goods, wares or merchandise permitted by law and exempted from license tax by virtue of the laws of the state, who exhibits his authenticated discharge papers. 4. The provisions of this chapter shall not be deemed or construed to require the payment of a license fee by any person peddling, exclusively, any fruits or vegetables or any other products raised upon his lands; provided, that such person shall furnish conclusive proof to the city clerk that such products were raised by him upon his lands before the issuance of a license exempt from the fee and any person so peddling shall carry such license with him. 5. The provisions of this chapter shall not be deemed or construed to require the payment of a license fee by any doctor, lawyer, architect or other professional person not having a fixed place of business within the city, who is called upon to come to the city to render service on a casual basis. 6. Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any license fee provided for in this chapter upon the ground that such license casts a burden upon his rights to engage in commerce within foreign nations or with the several states, or conflicts with the regulations of the United States Congress respecting interstate commerce, shall file a verified statement with the city clerk disclosing the interests or other character of his business entitled to such exemption. Such statement shall state the name and location of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his address, the kinds of goods, wares or merchandise to be delivered, the place from which the same are to be shipped or forwarded, the method of soliciting or taking orders, the location of any warehouse, factory or plant within the state, the method of delivery, the name and location of the residence of the applicant, and any other facts necessary to establish such claim of exemption. A copy of the order blank, contract form or other papers used by such person in taking orders shall be attached to the affidavit for the information of the city clerk.

If it appears that the applicant is entitled to such exemption, the city clerk shall forthwith issue a free

license. 7. Nothing in this section shall exempt any person from complying with any of the regulations, measures or provisions of this chapter, except the payment of license fees; and any license exempt of fee under the provisions of this chapter is nontransferable. 8. The provisions of this chapter shall not be deemed or construed to require the payment of a license fee by any person carrying on, or engaging in, the renting or letting of three or less residential units, to serve as a primary residence for a period in excess of thirty days, for purposes of dwelling, sleeping or lodging (i.e., apartments, boarding houses and other residential property rentals). (Ord. 215 N.S.; Ord. 32-AC; Ord. 440-AC; Ord. 555-AC.)

HISTORY Amended by Ord. 555-AC Amending (h) on 8/27/2013

12-6 Application

Before any license is issued to any person under this chapter, such person shall make written application therefor to the city clerk, upon a form to be provided by the city clerk, and such application shall state the nature of the business for which the license is required, the place where such business will be carried on or conducted, the name of the owner of the business, and shall be signed by the applicant or the duly authorized agent of the applicant. In cases where such business is not carried on or engaged in a permanent place of business in the city, that fact shall also be stated in the application and in addition the address of the person engaging in or carrying on such business shall be stated therein.

No license shall be issued to any person conducting or carrying on any business under a fictitious name, unless an affidavit is filed in the office of the county clerk or in the office of the city clerk, showing the true names of the owners of such business; provided that such license may be issued in the true names of the owners of such business without the filing of such affidavit. (Ord. 215 N.S.)

12-7 Prerequisites To Issuance--Completion Of Application; Revocation Of License

A license may be issued for the conducting of any business enumerated in this chapter by the city clerk upon satisfactory completion of application by the owner of the business or the duly authorized agent of the applicant.

The city council shall have the right to revoke such license at its sole discretion for good cause. (Ord. 215, N.S.; Ord. 6-AC.)

12-8 Same--State License Required

No business license under this chapter shall knowingly be issued to any person for the conduct of any business, profession or trade in which the laws of the state require a license, certificate or permit from the state for the conduct of such business, trade or profession, unless such person shows satisfactory credentials exhibiting compliance with the laws of the state. (Ord. 281 N.S.)

12-9 Same--Persons Indebted To City For Unpaid License Fees

No license for any succeeding current or unexpired license period shall knowingly be issued under this chapter to any person who, at the time of making application for any license, is indebted to the city for any unpaid license fee. (Ord. 215 N.S.)

12-10 Same--Written Reports Required Where License Fee Based On Gross Receipts

1. Except as otherwise provided in this chapter, in all cases where the amount of license fee to be paid by any person under this chapter is based upon the amount of gross receipts, upon the number of employees, upon the number of wagons or other vehicles used or upon the number o seats, such person shall, before obtaining a license, and within twenty days after the beginning of each license period, render to the city clerk for his guidance in ascertaining the amount of license to be paid by such person a verified written statement, sworn to before an officer authorized to administer oaths, showing the total amount of gross receipts during the calendar year preceding the period for which license is sought, or the average daily number of employees during the license period next preceding the period for which license is sought, or the number of wagons or other vehicles used at the time of such statement or the number of seats available for use.

No such statement shall be conclusive upon the city, or upon any officers thereof, as to the matters therein set forth, and the same shall not prejudice the right of the city to recover any amount that may be ascertained to be due from such person in addition to the amount shown by such statement to be due, in case such statement shall be found to be incorrect. 2. In reporting the gross annual receipts of any business as required under the provisions of this chapter, the applicant for a license shall not be required to report the exact amount of his gross annual receipts but shall report to the city clerk the particular bracket of the schedule provided in this chapter within which his gross annual receipts fall. 3. If any person required to make such statement shall fail to do so, such person shall be required to pay a license at the maximum rate prescribed for the business carried on by such person, and shall be guilty of a violation of this Code. 4. All statements filed pursuant to the provisions of this section shall be deemed confidential in character, and shall not be subject to public inspection. It shall be the duty of the city clerk to so keep and preserve such statements that the contents thereof shall not become known except to the city clerk and his deputies authorized to administer this chapter. 5. A person engaged in a newly established business, who under the provisions of this chapter is required to pay a license based upon gross receipts, shall be required to follow the following procedure: 1. Before engaging in such newly established business such person shall first file with the city clerk a written application therefor, and shall pay to the city clerk as a first license fee the annual minimum fee fixed by this chapter for such business, and the city clerk shall thereupon issue to such person a license commencing with the first day on which such person started such business, and expiring on the last day of the city’s fiscal year. 2. The license fee for the first full year following the initial license shall be based on the estimate of gross receipts, said estimate to be based on an extrapolation of the business done under the initial license. (Ord. 215 N.S.; Ord. 77-AC.)

12-11 Payment Of License Fees

1. Except as otherwise specifically provided in this chapter, all license fees shall be payable in advance to the city clerk, in lawful money of the United States.
   2. Unless otherwise specifically provided in this chapter, all license fees designated in this chapter to be upon an annual basis, shall be paid annually in advance, all license fees designated to be upon a semiannual basis, shall be paid semiannually in advance, and all license fees designated to be upon a quarterly basis shall paid quarterly in advance.
   3. Where the amount of license to be paid by any person is a flat rate, and if he starts a new business, his first license shall expire on June thirtieth next following the date on which he starts such new business, and his license fee for the first license shall be prorated on a monthly basis for that portion of the fiscal year covered by the first license, unless otherwise provided for in this chapter. (Ord. 215 N.S.; Ord. 6- AC.)

12-12 Issuance; Receipts

Upon application therefor, as provided in this chapter, and when the applicant shall have tendered the license fee as provided in this chapter, it shall be the duty of the city clerk to prepare and issue a license and to state upon the face of each license the following:

1. The name of the person to whom the same is issued.
2. The kind of business licensed thereby.

3. The location of such business.
   4. The date of expiration of such license.
   5. The amount of money paid therefor; provided, that in the case of all businesses which are licensed upon the basis of gross receipts, the amount paid for the license shall not be stated upon the face of the license but the city clerk shall at the time of issuance of such license issue to the applicant a receipt, which receipt shall bear the same serial number as the license and which receipts shall state the amount paid for the license.

In no case shall any mistake of the city clerk in stating the amount of a license, either upon a license itself or upon the receipt, prevent or prejudice the collection y the city of what should be actually due from any person carrying on a business subject to the license under the provisions of this chapter.

In the case of Long Term Residential Rental properties with rental periods extending beyond 29 days, when the owner of the Rental Dwelling Unit(s) procures such a License, any other person who conducts, manages or carries on such business as an Authorized Representative of the owner, is not required to obtain an additional License, however, the Authorized Representative must verify that a valid License has been issued and is in effect at all times while operating the Rental Dwelling Unit(s). (Ord. 215 N.S.; Ord. 577-AC.)

12-13 Licenses Not To Authorize Unlawful Businesses

The granting and issuance of a license under the provisions of this chapter shall not be deemed or construed to be a permit to conduct or to continue in illegal or unlawful business, or to conduct or continue a lawful business in an unlawful manner, or at a place prohibited by law, this Code or any other ordinances of this city. (Ord. 215 N.S.)

12-14 License Periods; Expiration Of Licenses

Except as otherwise provided in this chapter, licenses required under this chapter shall be for the following periods and shall be due and payable at the following dates, and shall be delinquent at the following dates:

1. Annual licenses shall be for the period of one year and shall be due and payable on the first day of July of each year, and shall be delinquent on the thirtieth day of July of each year except for business licenses issued for Long-Term Residential Rentals. These licenses shall be for a period of one year from the date of issuance of a business license by the City Clerk, and shall be due and payable each year thereafter on that date. Payment shall be delinquent 30 days after the date upon which the original business license was issued.
2. Semiannual licenses shall be for the period of six months, shall be due and payable on the first day of July and the first day of January of each year, and shall be delinquent on the thirtieth day of July and the thirtieth day of January, of each year respectively.
3. Quarterly licenses shall be for the period of three months and shall be due and payable on the first day of July, October, January and April of each year, and shall be delinquent on the thirtieth day of July, October, January and April, of each year respectively.
4. Monthly licenses shall be for the period of one month, and shall be due and payable on the first day of each month, and shall be delinquent if not paid on such date.
5. Weekly licenses shall be for the period of one week, and shall be due and payable on Monday of each week, and shall be delinquent if not paid on such date.
6. Daily licenses shall be for a period of one day, and shall be due and payable in advance on each day, and shall be delinquent if not paid in advance on such date. (Ord. 215 N.S.; Ord. 6-AC.)

12-15 Posting And Keeping

Except as otherwise provided by the provisions of this chapter, all licenses shall be kept and posted in the following manner:

1. Subject to other provisions of this chapter, any licensee engaged in business at a fixed place of business shall keep the license posted in a conspicuous place upon the premises where such business in conducted.
   2. Any person engaged in business in the city, but not operating from a fixed place of business, shall keep the license issued to him upon his person at all times while engaged in such business.
   3. Whenever identifying stickers have been issued for each device, machine or other piece of equipment included in the measure of a license tax, the person to whom such stickers have been issued shall keep firmly affixed upon each device, machine or other piece of equipment the identifying sticker issued therefor at such locations as are designated by the city clerk. Such sticker shall not be removed from any device, machine or piece of equipment kept in use, during the period for which the sticker is issued.
   4. No person shall fail to affix as required herein any identifying sticker to the device, machine or piece of equipment, for which it has been issued at the location designated by the city clerk, or to give away, sell, or transfer such identifying sticker, or to permit its use by another person. (Ord. 215 N.S.; Ord. 6-AC.)

12-16 Transferability

No license issued pursuant to this chapter shall in any manner be transferred, nor shall such license authorize any person other than is therein named to do business thereunder, without the written consent of the city clerk first endorsed thereon, and a license issued for the conduct of business at a particular location may not be amended or transferred so as to authorize the conduct of such business from another or different location, without the written consent of the city clerk first endorsed thereon. At the time any such license is transferred or is amended so as to permit the conduct of the business licensed at another location, the person applying for such transfer or amendment shall make application, as in the manner provided for issuance of a new license, and shall pay to the city clerk a fee of one dollar for each such transfer or amendment. (Ord. 215 N.S.)

12-17 Duplicates

Duplicate licenses under this chapter may be issued by the city clerk to replace any license previously issued which has been lost or destroyed upon applicant therefor filing an affidavit attesting to such fact, and at the time of filing such affidavit paying to the city clerk a fee of one dollar therefor. (Ord. 215 N.S.)

12-18 Enforcement Of Chapter

1. The city clerk shall, at the first regular meeting of the city council in each month, report to the city council the amount of license fees collected under the provisions of this chapter during the preceding month. The city clerk shall, from time to time, submit to the chief of police a list of persons whose licenses have expired and which have not been renewed and a list of persons who have failed to pay the license fees required prior to the delinquent date.

   2. The city clerk, his deputy and all police officers of the city are hereby appointed inspectors of licenses and in addition to their several duties are hereby authorized, and the police officers are hereby required, to investigate all places of business and all persons engaged in or carrying on any business in the city and shall have and shall exercise the following powers:

2. To enter, free of charge, at any time, any place of business for which a license is required under this chapter, to demand the exhibition of such license for the current term, by any person in charge of such place of business, and if such person shall then and there fail to exhibit such license upon demand, then the person carrying on or engaging in such business shall be liable for a violation of this Code. 2. To make arrests for the violation of any of the provisions of this chapter. 3. The city clerk and his deputy may, and it shall be the duty of police officers to, cause complaints to be issued against all persons violating any of the provisions of this chapter. 4. All police officers shall immediately report to the chief of police the names and persons, together with their addresses and locations of business, doing business without a license. 5. The city clerk and his deputy, and duly authorized employees, shall have the power to examine all necessary books and records of all persons doing business in the city and required to be licensed by the terms of this chapter, for the purpose of ascertaining the amount of license fee required to be paid by the provisions hereof. For the purpose of the enforcement of this chapter, the city clerk may, with the prior consent of the city council, deputize a qualified accountant to examine the necessary books and records of any person doing business in the city. Any failure on the part of any person licensed under this chapter to exhibit and allow examination by such accountant so deputized shall constitute a violation of this Code.

   3. The conviction and imprisonment, or payment of fine, or both, of any person having engaged in any business without first obtaining a license to conduct such business shall not relieve such person from paying the license fee to conduct such business, nor shall the payment of any license fee prevent a criminal prosecution for the violation of any of the provision of this chapter. All remedies prescribed under this chapter shall be cumulative and the use of one or more remedies by the city shall not bar the use of other remedies for the purpose of enforcing the prosecution of this chapter.
   4. The chief of police is hereby directed to carry into effect the provisions of this section.
   5. No person charged with the enforcement of any of the provisions of this chapter shall knowingly accept or receive any sums for any license which is less than, or greater than, the amount actually required to be paid under the provisions of this chapter. (Ord. 215 N.S.)

12-19 Penalties For Delinquent Payment Of Fees

For any annual license fee provided for in this chapter remaining unpaid at the close of the delinquency date, a penalty of ten percent on the entire annual amount of such business license fee shall be added after thirty days; after sixty says delinquency an additional ten percent shall be added to both delinquency and penalty; and after ninety days delinquency an additional ten percent shall be added. If such fee is not then paid then such person or persons shall be immediately prosecuted for nonpayment of fee. No greater or less amount of money shall be charged or received from any licensee than is provided in this chapter and no license shall be sold or issued for any period of time other than is provided in this chapter.

For every semiannual license fee provided for in this chapter remaining unpaid at the close of the delinquency date, a penalty of ten percent on the entire semiannual amount of such business license fee shall be added after thirty days; after sixty days delinquency an additional ten percent shall be added to both delinquency and penalty; and after ninety days delinquency an additional ten percent shall be added. If such fee is not then paid then such person or persons shall be immediately prosecuted for nonpayment of fee. No greater or less amount of money shall be charged or received from any licensee than is provided in this chapter and no license shall be sold or issued for any period of time other than is provided in this chapter.

For every quarterly license fee provided for in this chapter remaining unpaid at the close of the delinquency date, a penalty of ten percent on the entire quarterly amount of such business license fee shall be added after thirty days; after sixty days delinquency an additional ten percent shall be added to both delinquency and penalty; and after ninety days delinquency an additional ten percent shall be added. If such fee is not then paid then such person or persons shall be immediately prosecuted for nonpayment of fee. No greater or less amount of money shall be charged or received from any licensee than is provided in this chapter and no license shall be sold or issued for any period of time other than is provided in this chapter.

Daily licenses remaining unpaid at the close of every twenty-four hours after the same become due shall have a penalty of ten percent of the amount of such license fee added and the penalty shall be collected and the payment thereof shall be enforced in the same manner as other licenses are collected and the payment thereof enforced. For each additional twenty-four hours thereafter that the same license remains unpaid, an additional penalty of ten percent of the amount of such license shall be added and collected in the same manner.

Weekly licenses remaining unpaid at the close of forty-eight hours after the same become due shall have a penalty of ten percent of the amount of such licenses added and the penalty shall be collected and the payment thereof shall be enforced in the same manner as other licenses are collected, and the payment thereof enforced. For each additional forty-eight hours that the weekly license remains unpaid, an additional penalty of ten percent of the amount of such license shall be added and collected in the same manner. (Ord. 215 N.S.; Ord. 394 N.S.; Ord. 6-AC.)

12-20 Collection Of Fees By Court Action

Any sums required to be paid under this chapter shall be deemed and construed to be a debt due the city and any person who engages in any business required to be licensed without obtaining a license to do so, or without paying to the city license fees required by this chapter, shall be liable to an action in the name of the city in any court of competent jurisdiction for the recovery of the amount of such license fee and all penalties as provided in this Code.

12-21 Abatement Of Violations

In addition to the penalties provided therefor, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be, by the city, summarily abated as such. (Ord. 215 N.S.)