Woodside Municipal Code § 110.17 Issuance

No person shall transact, engage in, or carry on any business within the Town without first having procured a license from the Town to so do, and having paid the tax prescribed by this chapter, and having complied with any and all applicable regulations concerning the use and occupancy of the premises from which the business is to be conducted.

(1975 Code, § 3-1.401) (Ord. 1988-358, effective 4-7-88)

Cross reference— Penalty, see § 10.99.

Each person making an application for the first license to be issued under this chapter, or for a license for a newly established business, shall furnish to the License Collector a sworn statement, on a form provided by the License Collector, setting forth the following information:

(A) The exact nature or kind of business for which a license is requested;

(B) The place where such business is to be carried on, and if the business is not to be carried on at any fixed place of business, the place of residence of the owners of the business;

(C) If the license is to be issued to a person doing business under a fictitious name, the names and places of residences of the owners of the business;

(D) If the license is to be issued to a corporation or a partnership, the names and places of residence of the officers or partners thereof;

(E) The number and description of any coin- operated devices owned by the applicant, together with the serial number of each device and the address of the location of such device; and

(F) Any further information related to the applicant's business to be licensed which the License Collector may require to enforce this chapter.

(1975 Code, § 3-1.402) (Ord. 1988-358, effective 4-7-88)

The License Collector shall issue the licenses required to be obtained under this chapter upon persons making applications therefor, furnishing the sworn statement when required, and paying the license tax imposed. Each such license issued shall state upon its face:

(A) The name of the person to whom issued;

(B) The kind of business licensed;

(C) The location of such business;

(D) The date of the expiration of the license; and

(E) Such other information as shall be deemed necessary by the License Collector to enforce this chapter.

(1975 Code, § 3-1.403) (Ord. 1988-358, effective 4-7-88)

The payment of a license tax and the issuance of a license to any person by the Town shall not entitle the licensee to carry on any business unless he/she has complied with all the requirements of this Code and all other applicable laws, nor to engage in or to carry on any business in any building or in any premises designated in such license in the event such building or premises are situated in an area or locality in which the conduct of such business is in violation of this Code or any other law.

(1975 Code, § 3-1.404) (Ord. 1978-279, effective 6-8-78)

Cross reference— Penalty, see § 10.99.

No license issued to any person shall be transferable to any other person. If a license is issued authorizing a person to transact, engage in, and carry on a business at a particular place, such licensee, upon an application therefor and the payment of a fee, may have the license amended to authorize the transacting, engaging in, and carrying on of such business under the license at another location to which the business has been or is to be moved. A transfer of ownership of any business for which a license has been issued to another person, under such circumstances that the real or ultimate ownership after the transfer is substantially similar to the ownership existing before the transfer, shall not constitute a transfer requiring the amendment of the license.

(1975 Code, § 3-1.405) (Ord. 1978-279, effective 6-8-78)

Upon an application therefor and the payment of $3.00, the License Collector may issue a duplicate of any unexpired license which has been lost or destroyed.

(1975 Code, § 3-1.406) (Ord. 1978-279, effective 6-8-78)

When applying for the renewal of any license previously issued, the licensee shall submit to the License Collector, on a form provided by the License Collector, a sworn statement setting forth such information concerning the licensee's business during the preceding year as may be required to enable the License Collector to ascertain the amount of the license tax to be paid.

(1975 Code, § 3-1.407) (Ord. 1978-279, effective 6-8-78)

(A) Any person transacting, engaging in, and carrying on a business at a fixed place of business in the Town shall keep the license issued under this chapter posted in a conspicuous place upon the premises where such business is carried on. Any person transacting, engaging in, and carrying on a business, but not operating at a fixed place of business in the Town, shall keep the license issued under this chapter upon his/her person at all times while transacting, engaging in, and carrying on such business.

(1975 Code, § 3-1.408)

(B) It shall be unlawful for any person to whom a license has been issued to fail or refuse to produce the license for inspection when required to do so by the License Collector or by any employee of the Town working under the direction of the License Collector.

(1975 Code, § 3-1.409) (Ord. 1978-279, effective 6-8-78)

Cross reference— Penalty, see § 10.99.

(A) No sworn statement required to be filed shall be conclusive as to the matters set forth therein. The filing of a sworn statement shall not preclude the Town from collecting any sum of money actually due and payable under this chapter by appropriate action.

(1975 Code, § 3-1.410)

(B) If any person shall fail to file any required statement within the time prescribed, or if, after demand thereof made by the License Collector, such person shall fail to file a corrected statement, or if any person subject to the tax imposed by this chapter shall fail to apply for a license, the License Collector shall proceed in such manner as he/she may deem best to obtain the facts and information on which to base his/her estimate of the tax due. In the event such determination is made, the License Collector shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the person so assessed at his/her last known place of address.

(1975 Code, § 3-1.411) (Ord. 1978-279, effective 6-8-78)

(A) The person so assessed, within 15 days after the serving or mailing of the notice referred to in Section 110.23(B), may make an application in writing to the License Collector for a hearing on the amount of the license tax assessed. If an application for a hearing is not made within the time prescribed, the tax and penalties, if any, determined by the License Collector shall become final and conclusive and immediately due and payable. If such an application is made, the License Collector shall give not less than ten days' written notice in the manner set forth in Section 110.23(B) to the person to show cause at a time and place fixed in the notice (which shall be not more than 15 days after the receipt of the application for a hearing) why the amount specified therein should not be fixed for such tax and penalties. At such hearing the person may appear and offer evidence why such specified tax and penalties should not be so fixed.

(1975 Code, § 3-1.412)

(B) After a hearing on the amount of the tax assessed, the License Collector shall determine the proper tax to be paid and shall thereafter give written notice to the person so assessed in the manner set forth in Section 110.23(B) for giving notice of an assessment. The amount determined to be due shall be payable 15 days after the date of the mailing of such notice, unless an appeal is made as provided in this chapter.

(1975 Code, § 3-1.413) (Ord. 1978-279, effective 6-8-78)

(A) Licenses issued pursuant to the provisions of this chapter may be revoked by the Town if the licensee shall conduct, engage in, or carry on his/her business in any unlawful manner or fail to comply with the provisions of this chapter or this Code.

(1975 Code, § 3-1.601)

(B) Prior to the revocation of any license, the licensee shall be given notice of the proposed action in the manner set forth in Section 110.23(B) and shall be given an opportunity to be heard. If, within ten days after such notice of proposed action has been mailed to the licensee, he/she requests a hearing on the proposed revocation, the Town Manager shall conduct the hearing, and if, as a result thereof, such license is ordered revoked, such holder shall have the right to appeal such action to the Council in the manner set forth in Chapter 36 of this Code.

(Ord. 2003-520, effective 10-23-03)