HomeMy WebLinkAbout0230 Business Licenses 1981ORDINANCE NO.ASO
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REPEALING
SECTION 5.04.090 OF THE CHUBBUCK MUNICIPAL CODE AND
ENACTING A NEW SECTION 5.04.090, PROVIDING FOR ANNUAL
BUSINESS LICENSES; REPEALING SECTION 5.04.020 OF THE
CHUBBUCK MUNICIPAL CODE AND ENACTING A NEW SECTION
5.04.020 TO PROVIDE FOR BASIC AND ADJUSTED BUSINESS
LICENSE FEES; ENACTING SECTION 5.08.010 OF THE CHUBBUCK
MUNICIPAL CODE, TO REQUIRE LICENSES FOR SALE OF BEER
OR WINE; REPEALING CONFLICTING ORDINANCES; PROVIDING
FOR SEVERABILITY; AND PROVIDING WHEN THIS ORDINANCE
SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK,
IDAHO:
Section 1. Deletion of Quarterly Business Licenses. Section
5.04.090 of the Chubbuck Municipal Code is hereby repealed and the
following new section 5.04.090 is hereby enacted:
5.04.090. Expiration. Ail licenses shall be good from
date of issuance to December 31 of the year of issuance, unless
earlier revoked. No refund shall be made of any part of a license
fee for a business license that is revoked or granted for a period
less than one year.
Section 2. Basic and Adjusted Fees. Section 5.04.020 of the
Chubbuck Municipal Code is hereby repealed and a new section 5.04.020
is hereby enacted as follows:
5.04.020. Fees. The basic license fee for each and every
business, trade, occupation, performance or amusement required to
be licensed under this Code shall be $ ~ per year. In the
event that a particular business, trade, occupation, performance
or amusement is determined by the City Council to fall within a
class of such activities imposing a demand for extraordinary
muncipal services, including (without limitation) special police
or fire protection services, the Council may fix and the City
Clerk shall collect an adjusted fee reasonably related to the cost
of such extraordinary services. Provided, however, that such
adjusted fees shall be uniform with respect to classes of
business imposing similar extraordinary demands for services; and
provided, further, that no such adjusted fee shall be fixed or
collected until the proposed licensee has been furnished notice
and an opportunity to be heard before the City Council with
respect to such fee.
Section 3. Licenses for Sale of Beer or Wine. Chapter 5.08 of
the Chubbuck Municipal Code is hereby amended by enacting a new section
5.08.010, to read as follows:
5.08.010. It shall be unlawful and punishable as a misdemeanor
to sell beer or wine within the City of Chubbuck unless a valid
and unrevoked beer and wine retailer's license, separate from and
in addition to a business license otherwise required by this Code,
has been obtained from the City. As a condition of receiving or
holding a valid City beer and wine retailer's license, the
licensee shall have and keep in force a valid and unrevoked beer
and wine retailer's license from the County of Bannock~ State of
Idaho, and shall comply with all other application requirements
imposed by this Code and the Idaho Code. The fee for such license
shall be as follows:
(a) Beer: $200 per year (or part thereof)
for consumption on the licensee's premises, or
$50 per year (or part thereof) for consumption
off the premises.
(b) Wine: $200 per year (or part thereof)
regardless of whether sales are for consumption on
or off the premises.
The terms of such licenses shall run concurrently with
business licenses as established elsewhere in this Code.
Section 4. Repeal. All prior ordinances or provisions
thereof which conflict with this ordinance or the sections
of the Chubbuck Municipal Code herein amended are hereby
repealed to the extent of such conflict.
Section 5. Severability. If any section or provision
of this ordinance, or of the Chubbuck Municipal Code as herein
amended, is held invalid by any court of competent jurisdiction,
such holding shall not affect the validity of the remaining
sections or provisions.
Section 6. EffectiMe Date The rule requiring ordinances
to be read on three separate days is hereby dispensed with, and
this ordinance shall become effective upon its passage, approval
'and publication as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR of the City
of Chubbuck, Idaho, this ]0 tbday of November , 1981.
Attest:
City Clerk