Document Fernley_doc_28a736e6f7

3- 1 TITLE 3: BUSINESS LICENSE REGULATIONS CHAPTER 1: GENERAL BUSINESS LICENSE PROVISIONS 3.01.01: PURPOSE AND SCOPE: This Title establishes the minimum procedural requirements for the City of Fernley to issue a business license, provides a basis to regulate entities which conduct business in the City of Fernley, and shall be known as the Business License Code. The provisions of this Title apply to all businesses in the City, including privileged businesses and franchises. Nothing in this Title shall be deemed or construed to exempt any organization from complying with the provisions of any other City ordinance, including but not limited to, permit requirements, zoning requirements, and restrictions on privileged or illegal activities. 3.01.02: DEFINITIONS: For the purposes of this Chapter, unless the context otherwise requires, the following definitions apply: APPLICANT: Any person who has requested or will request a City business license or permit. ADVERTISE: To call attention to a product, service, or business so as to promote sales. BUSINESS OR DOING BUSINESS: Any business, commercial enterprise, trade, occupation, calling, profession, vocation, or activity engaged in, conducted, carried on by any person, his agent or employee for the purpose of direct or indirect gain, with the principle objective of livelihood and/or profit through repetitive means within the City. This includes, but is not limited to: Any activity conducted by a person for which such person is required to file with the Internal Revenue Service for the activities; or (B)The performance of services for compensation that are not normally subject to withholding taxes, including but not limited to, independent contractors and commissioned sales agents. The terms BUSINESS or DOING BUSINESS do not include activities conducted by, or for the exclusive benefit of, organizations that are certified as tax exempt entities pursuant to 26 U.S.C. § 501(c) or authorized by Nevada State Law as a non-profit organization, including but not limited to organizations operated for religious, charitable, scientific, literary, educational, or fraternal purposes. COMMERCIAL MOBILE RADIO SERVICE: Any commercial mobile radio service as defined in 47 CFR § 20.3 as of July 5, 1995. ---PAGE BREAK--- 3- 2 CITY: The City of Fernley, a political subdivision of the State of Nevada. COMMERCIAL RENTALS: Any leased nonresidential office unit or units. CONTRACTOR: A person required by State of Nevada Contractors Board to have a license as a contractor, whether the person is a general or subcontractor. COUNCIL: The City Council of the City of Fernley. COUNTY: Lyon County, a political subdivision of the State of Nevada. DEPARTMENT: The City of Fernley Business License Division. ELECTRIC ENERGY PROVIDER: Any business or local government that provides electric energy to the public, regardless of whether they are regulated by the Public Service Commission of Nevada. ENTERPRISE: Any trade, calling, service, profession, or business venture. GARAGE SALE: All occasional and casual sales of personal property opened to the public and held on the seller’s own residential premises including all sales entitled "garage sale", "lawn sale", "attic sale", "rummage sale", or "yard sale" which do not extend beyond seventy-two (72) hours in duration. GAS PROVIDER: Any business or local government that provides gas service to the public, regardless of whether they are regulated by the Public Service Commission of Nevada, including but not limited to, natural gas and propane gas. GROSS REVENUE: All revenue received by a public utility from customers located within the incorporated area of the City, except: Revenue collected other than intrastate telecommunications services by retail customers; or Revenue collected by natural gas providers from the sale of natural gas to a provider of electric energy which holds a Certificate of Public Convenience and Necessity issued by the Public Service Commission of Nevada. HOBBY-SUPPLEMENTAL INCOME BUSINESS: Any activity conducted as a hobby, or to supplement one’s income, if the gross income derived from such activity does not exceed two thousand five hundred dollars ($2,500) per year. HOLIDAY: A week day during which the Department is closed in observance of this day. ---PAGE BREAK--- 3- 3 HOME OCCUPATION BUSINESS: A person, excluding contractors, conducting business out of residence and whose business complies with the home occupation regulations of the City of Fernley Development Code. KENNEL, COMMERCIAL: Any enclosure, premises, building, structure, lot or area where more than three dogs over six months of age are kept, harbored or maintained for commercial purposes. LICENSE: Permission granted by the licensing authority to engage in the business for which the license is issued. NON-PROFIT OR CHARITABLE ORGANIZATION: An organization, institution, corporation. or association formed for civic purposes, whose donations or receipts received are not used for the private gain of any person, that is exempt from federal income tax pursuant to 26 U.S.C. § 501(c) of the United States Internal Revenue Code, and has received from the Nevada Secretary of State a certificate of non-profit corporation, association, or society. OUT OF TOWN BUSINESS: A person, excluding a contractor, conducting business or providing services within the City limits without a physical address in the City. PREMISES: Actual space of a particular business which would include all buildings, improvements, surrounding sidewalks, and designated parking. PROFESSIONAL: One whose practice of a profession for any type of compensation as an employee requires advanced education and holds a license, certificate, registration, permit, or similar type of authorization issued by a regulatory body such as a state licensing agency, board, or commission or who is regulated pursuant to the Nevada Supreme Court Rules. PUBLIC UTILITIES: All telecommunications companies, electric energy providers, gas providers, and commercial mobile radio services. RESIDENTIAL DWELLING UNIT: includes, but not limited to: Any hotel, lodging house, apartment house, motel or single-family dwelling unit, with any rental for a period of twenty-eight (28) consecutive days or more; or Any unit which contains a home-based business. TELECOMMUNICATIONS COMPANY: Any business or local government which provides telecommunications services who holds a Certificate of Public Convenience and Necessity issued by the Public Service Commission of the State of Nevada and derives intrastate revenue from the provision of that service to retail customers. 3.01.03: BUSINESS LICENSE REQUIRED; EXCEPTIONS; OTHER LICENSES REQUIRED: ---PAGE BREAK--- 3- 4 LICENSE REQUIRED: It is unlawful for any business to engage in or advertise the engagement in any trade, profession, calling, or business within or partially within the City without applying for and securing a license or permit and paying the appropriate license fee as provided by terms and provisions of this Title. Any person conducting business without securing a license or failing to comply with any terms and conditions contained within this Title shall be in violation of this Title for each day that such activities continue. Any person found in violation of this section must immediately cease all non-licensed operations. EXCEPTIONS: The provisions contained in this Chapter do not apply to: Any private individual(s) who has no more than three garage sales per year; Any nonprofit organization registered with the Internal Revenue Service or with the State of Nevada Secretary of State, is exempt from the imposition of any license fee, except as provided elsewhere in this Title; provided, however, that such organization shall register with the division and if operating at a commercial location in the City, shall be required to have said location inspected by the City for conformance with building, safety, fire, and other regulations, as if a license were required of the establishment; Any business that is specifically regulated under a separate Chapter of this Title which exempts the business from the provisions of this Chapter. Any person who owns rentals if the rentals are managed by a person who holds a City business license as a property manager. Businesses located outside of the City that are hired by a licensed business or government agency for seminars or training of their employees. STATE AND OTHER LICENSES REQUIRED: Any business applying for a license under this Title which is required by Federal, State, County, or City regulation to hold a separate and independent license shall produce, exhibit, or otherwise prove to the Department that such license has been issued. Upon such proof and payment of the appropriate licensing fee, the Department may issue a temporary license pending Council action. 3.01.04: APPLICATION FOR LICENSE: An application for a business license under this Title shall be made by affidavit on forms supplied by the Department. The application shall require disclosure of all information that the City shall find to be reasonably necessary to the fair and efficient administration of this Title. Application shall be accompanied by the full amount of the fees chargeable for such license and shall contain at a minimum the following information: The full name of the applicant and business; The physical and mailing address of the business; The anticipated date on which the business will commence; The type of business to be conducted under the license; and Sufficient information to calculate fees under this Title. 3.01.05: REVIEW AND APPROVAL PROCESS: ---PAGE BREAK--- 3- 5 An application for license shall be referred to the appropriate City department for review and investigation if the Department Director deems necessary. Based on the recommendations received from the appropriate department, the application will either be approved or denied pursuant to Section 3.01.11 of this Title; Privilege and liquor licenses will be placed on the first available City Council agenda for approval; Licenses shall show the name and address of the licensee, name of business, type of business, date business license was issued, date of expiration, and any limitations and restrictions imposed by the Council or Department Director as conditions of the approval; License shall be issued within ten (10) days of personal hand- delivery of application, with the exception of privilege licenses and liquor licenses and in cases when the application is not complete or denied. Department Director shall either issue a license or notify the applicant of denial and include the reason for such denial, in accordance with its decision. Any applicant that is denied a license shall be notified of the denial and such notification will contain the reasons for the denial and outline the applicant’s right to appeal the decision as provided in this Title. 3.01.06: APPLICATION AND LICENSE FEES: APPLICATION FEE: Upon the filing of an application for a business license, the applicant shall pay a nonrefundable application fee. This fee is paid regardless of whether the business license application is approved. The application fee is separate and distinct from the business license fee. BUSINESS LICENSE FEE SCHEDULE: Once a business license is approved, the business licensee shall pay a business license fee. The business license fee is separate and distinct from the application fee. This fee must be paid prior to the issuance of the license. The business license fees are based upon the classification of the business and/or the number of employees employed by the business. The application, license, and renewal fees charged pursuant to this Title shall be contained in the fee schedule which shall be maintained by the City Clerk’s Office, and amended by resolution upon approval of the Council. For the privilege of doing business in the City, the City shall have the right to set application fees, administrative fees, investigative fees, and any other fees necessary to the administration of this Title. 3.01.07: SPECIAL BUSINESS LICENSE FEES, CONDITIONS, AND WAIVERS FOR CERTAIN BUSINESSES: PUBLIC UTILITIES: LICENSE FEES: Every public utility providing service within the City must pay an annual business license fee not later than thirty (30) calendar days after the end of each calendar quarter. The business license fee for each public utility providing service within the City shall be established and/or modified by ---PAGE BREAK--- 3- 6 resolution of the Council, and shall not exceed the maximum rate allowed by Nevada law. (ORD 2002-006). NOTIFICATION, REVENUE STATEMENT, PAYMENT, PENALTIES, AND INTEREST: Each public utility to which this Ordinance applies or which derives or intends to derive intrastate revenue from customers located within the City shall, not later than sixty (60) calendar days after the effective date of this Ordinance or thirty (30) calendar days before the public utility begins to provide service to those customers, whichever occurs later, provide to the City: An acknowledgment that the public utility is operating or intends to operate within the City; and The date that the public utility began or intends to begin to derive revenue from customers located within the City. Each public utility to which this Ordinance applies shall, not later than thirty (30) days after the end of each calendar quarter, provide to the City a statement of the amount of revenue the public utility derived during that calendar quarter from service to each of its customers located within the City. The fee for the utility operator license is payable not later than thirty (30) calendar days after the end of each calendar quarter. An operator license fee not received or postmarked within thirty (30) calendar days after the end of each calendar quarter shall be delinquent and the public utility shall pay, in addition to the operator license fee, a penalty of one percent of the delinquent amount per month and interest of one percent of the delinquent amount per month. EXISTING FRANCHISE AGREEMENTS NOT ALTERED: This Title does not alter the terms of any existing franchise agreement between the City and a company providing public utility services within the boundaries of the City. KENNELS: Each business licensee who operates a kennel shall pay, in addition to the foregoing fees, an annual fee of fifty dollars NOTICE: Notice of the date, time, and place the Council shall consider the application for a kennel license shall be sent by registered mail or personal delivery to all adjoining property owners by the Department. The business applicant is responsible for providing the names and addresses of all adjacent property owners to the Department. CONDITIONS OF LICENSE: The following limitations and requirements shall apply to all kennel licenses: COMMERCIAL KENNEL LICENSE: The number of dogs shall be set by the Council, taking into consideration the size and temperament of the dogs and the size of the commercial kennel and the character of the surrounding property. Every dog over the age of six months shall have a current inoculation against rabies administered by a licensed veterinarian. Dogs shall have a run of adequate size and escape-proof construction. ---PAGE BREAK--- 3- 7 The property shall be zoned industrial or commercial. 3.01.08: TERM OF LICENSE, RENEWAL OF LICENSE, AND DELINQUENT LICENSE: TERM OF LICENSE: All licenses shall be issued for a term of one year unless a provision is specifically made for the issuance of a daily or quarterly license. For the purpose of determining the yearly period, a license issued by the Department between the 1st and 15th days of the month shall be deemed to begin on the first day of the month. A license issued by the Department between the 16th and last day of the month shall be deemed active, but the start date, for renewal purposes, to be on the 1st day of the following month. . A person may request quarterly payment of business license fees. An administrative fee will be assessed in addition to a business license fee. RENEWAL OF LICENSE: A licensee shall not be required to complete an application to renew a license, but is required to pay the appropriate license fee. If any written complaint regarding the method of operation of the enterprise has been received during the immediately preceding license period, including, but not limited to, a notice from the County Assessor's Office that the licensee is sixty (60) days delinquent in payment of any personal property tax owed by the licensee, the Department shall investigate the complaints and transmit the renewal application along with the information the Department's investigation reveals to the Council. The Council shall, at its next regular meeting, either grant the renewal, renew with conditions, or deny it. If no such complaints have been received, the Department may issue the renewed license without Council approval. All businesses licensed under this Title receive a renewal notice before the due date of the next licensing period; however, the failure to notify any licensed business shall not be held to waive the payment of the license fee, and that the actual receipt of such notice is in no case required. The due date shall be the last day of the month of a licensing period. Failure of any business licensee to apply for a renewal under this Title shall result in an automatic revocation of the license on the expiration date of the license and grace period of thirty (30) days. A licensee whose license has been revoked after expiration of the grace period, and who wishes to continue in business, shall file a new application and any existing balances and penalties due to the City. CHANGE IN INFORMATION: A business licensee shall inform the Department, on forms provided, when a change of any matter stated in the business licensee's former application has occurred. No additional fee shall be charged for change of information during renewal process. ---PAGE BREAK--- 3- 8 DELINQUENT LICENSE: Annual business license fees due under this Title shall be considered delinquent if not paid in full on or before the 60th day following the due date. Quarterly business licenses must be renewed within the fifteen (15) calendar days after the expiration date. A postmark shall not be recognized as meeting the receipt requirement. Annual licenses for which fees have not been paid on or before the 60th day following the due date shall be deemed expired. Any such license shall not be reinstated until the license fee, together with a twenty five percent (25%) penalty fee on the balance due, shall have been paid. When the last day of a grace period falls on a Saturday, Sunday, or holiday the license fee will be accepted, without penalty, if received at the designated office on the first working day after such Saturday, Sunday, or holiday. 3.01.09 CHANGE OF LOCATION, CHANGE OF BUSINESS NAME, CHANGE OF CORPORATE OFFICER, AND DUPLICATE LICENSES: A licensee may change the location of the licensed business from home occupation business to a commercial location or from one commercial location to another by filing a form provided by the Department, which shall approve such transfer if the new location meets all the requirements of this Title, and such applicant pays an administrative fee upon filing such application . The application to change location shall be approved by the building inspector prior to the commencement of business at the new commercial location. All persons licensed to do business under this Title shall report to the division, on a form to be provided by the Department, any change in business name or change in corporate officers designated in the original business license application within thirty (30) days after such change occurs and pay an administrative fee for such change. A duplicate license may be issued by the city to replace any license previously issued under this title which has been stolen, lost, defaced, or destroyed provided the licensee requests a duplicate license, provides a supporting sworn statement and pay an applicable fee. The applicable fees in this section shall be contained in the fee schedule which shall be maintained by the City Clerk’s Office, and amended by resolution upon approval of the Council. For the privilege of doing business in the City, the City shall have the right to set application fees, administrative fees, investigative fees, and any other fees necessary to the administration of this Title. 3.01.10: MULTIPLE BUSINESSES LICENSED AS ONE: Any business licensee who is issued a standard business license may have endorsed on the license more than one enterprise under the following conditions: All enterprises endorsed on the license must be operated: In the same building; and Under the same business name. All enterprises must be owned or operated by the business licensee. If the business licensee complies with the conditions set forth herein, the ---PAGE BREAK--- 3- 9 Council shall issue one license endorsing each specific enterprise engaged in by the business licensee. Any business licensee issued a license for multiple enterprises shall only be charged one fee. This fee shall be based on the total number of employees for the enterprises. This Section does not affect liquor, gaming, or any other license fees required by the City or County. 3.01.10: CONDITIONS OF LICENSE: In addition to any other conditions imposed by the Department Director or the Council, business licensees must comply with the following conditions: LICENSE NOT TRANSFERABLE: No license may be assigned or transferred to another person, or location, or may a person other than one named in the license carry on the business specified. POSSESSION REQUIREMENTS AND POSTING OF LICENSE: Any business license issued under this Chapter shall be posted by the licensee in a conspicuous place within the business during the entire term for which the license was issued. A person who holds a home occupation business license shall produce the license upon demand of an authorized City official at said residence. A person conducting a mobile or out of town business shall have a copy of the City business license in his possession when doing business and to show it upon request by the authorized City official. COMPLY WITH GOVERNING LAW. Ascertain and comply at all times with all laws and regulations applicable to such licensed business, including, but not limited to, and changes in the Fernley Municipal Code that may be imposed after the issuance of a license. CEASE BUSINESS. Refrain from operating the licensed business after expiration of the license and any applicable grace periods and during any period the license is revoked or suspended. NOTICE OF CHANGES. Assure that current and correct name, business address, business phone, and mailing address for the owner of the business are on file with the City. 3.01.11: DENIAL, SUSPENSION, AND REVOCATION OF STANDARD BUSINESS LICENSE; GROUNDS; PROCEDURE: It is expressly declared that the provisions of this section are applicable to any license or permit issued or applied for, or pursuant to any Chapter of this Title. Thus, the provisions of this section are in addition to any grounds for denial, nonrenewal, suspension, limitation, and revocation set forth for specific businesses or trades in other Chapters of this Title. ---PAGE BREAK--- 3- 10 DENIAL: Any license or permit application made pursuant to the provisions of this Title may be denied for good cause by the Department Director or the Council. The following causes for denial of a license or permit shall include, but not limited to: The application or any other document is incomplete or contains false, misleading or fraudulent statements; All application, license, and/or investigation fees are not paid; Failure to obtain a license, permit or receive approval for required inspections of the premises as required by this Title and compliance with requirements of all other departments or divisions in the City, State or Federal laws and regulations that pertain to the particular license; The applicant has been subject, in any jurisdiction, to disciplinary action of any kind with respect to the license, or permit to the extent that such disciplinary action reflects upon the qualification, acceptability or fitness of the applicant to conduct such a business; The applicant has been convicted of any crime that involves local, State or Federal law or regulation arising out of the operation of a similar business; The applicant has been convicted of a crime as a result of having deceptive practices upon the public within the last ten (10) years; The premises on which the business is proposed to be conducted does not satisfy all local, State, or Federal laws or regulations which relate to the activity that is to be licensed; The applicant is in default on any payments owed to the City; TERMS FOR SUSPENSION OR REVOCATION: Any business license issued under this Title may be suspended, or revoked by the City, after notice and opportunity to be heard as provided in this Title, for any of the following causes, but not limited to: Failure to pay business license fees within sixty (60) days of their due date and non-payment of any amounts owed to the City; Failure to update the business license under the provisions of this Chapter; Failure to maintain other licenses required by Federal, State, County, or City laws which are necessary to conduct the enterprise endorsed on the license; Any act or omission by the licensee or his employees and agents, related to the operation of the business licensed, which is a threat to the public health, safety, morals or welfare. Fraudulent practices or misrepresentations in the operation of the business, or concealment or misrepresentations in procuring this license; Any violations of the provisions of the City of Fernley Municipal Code. Any act in the operation of the business which is unlawful or prohibited by Federal, State, County, or City law; Any other cause that the City through its Department or its Council finds to be just or equitable reason. ---PAGE BREAK--- 3- 11 SUSPENSION AND REVOCATION OF BUSINESS LICENSE PROCEDURE: If a business licensee violates any of the provisions contained in subsections A1 through A9 of this Section, the Department may suspend the license, pending Council action on revocation, under the following conditions: The Department shall notify the business licensee of the violation. The notice shall contain the following information: The name and address of the business licensee; The violation which has occurred; The business licensee has five days, excluding weekends and holidays, from the receipt of the notice to remedy the violation; and If the business licensee fails to remedy the violation the business license will be suspended. If the business licensee fails to remedy the violation, the Department shall send a second notice which shall contain the following information: The name and address of the business licensee; The violation which has occurred; The date the suspension will be in effect; and A notice of revocation and hearing including the date for revocation hearing and informing business that evidence in opposition to the revocation may be submitted. This notice shall be served upon the business licensee at least forty-eight (48) hours prior to the time specified for hearing. The licensee shall, within forty-eight (48) hours of the date of such mailing, file with the Department Director a written answer to such compliant, under oath. HEARING OF REVOCATION: In order to revoke a business license under this Title, the Council shall conduct a hearing to determine whether to revoke the license. The Council shall permit any interested party, including the business licensee, to testify or otherwise submit evidence in favor of or opposition to the revocation. The Council shall consider all the evidence presented and cause to have entered in the minutes its findings, stating specifically any causes for revocation found by the Council and enter its order in the minutes. The failure by the licensee to appear at the time of hearing and place designated for the hearing shall, in and or itself, constitute sufficient grounds for revocation of the license. There shall be no reopening or review of the proceedings ever by the Council except when it subsequently appears to the satisfaction of the board that the licensee’s failure to appear was due to matter beyond his/her control, and not through negligence on the part of licensee. NOTICE OF REVOCATION: If the Council revokes the license, the business licensee shall be served notice of revocation following the hearing. If the license is revoked or suspended, no business shall be conducted under that license until such time as an appeal has been heard and the revocation or suspension has been reversed. ---PAGE BREAK--- 3- 12 3.01.13: INVESTIGATION; ENFORCEMENT: INVESTIGATION: Any sign or advertisement which is exhibited or published indicating that any business is engaged in enterprise shall be prima facie evidence that such business is engaged in enterprise for which a license is required. ENFORCEMENT: Violators of the provisions of this Title may be charged by complaint and summons or by citation in the municipal court; A show cause hearing may be held before the Council for a determination of revocation of the business license; and/or The City may initiate a civil action, as provided by law, including a civil injunction and the recovery of money damages. 3.01.14: WAIVER OF COUNCIL: Upon application to the Council, a business licensee may request that the Council waive any fee or requirement imposed on a business by this title. If the Council finds good cause for the business licensee's request and the waiver would not impair the public health, safety, or welfare, the Council may waive any provision of this Title. ---PAGE BREAK--- 3- 13 CHAPTER 2: PEDDLERS AND SOLICITORS 3.02.01 DEFINITIONS: For the purposes of this Chapter, unless the context otherwise requires, the following definitions apply: AGENT: Any person, whether as an employee or independent contractor, authorized to represent any business regulated under this Title. APPLICANT: Any person who has requested or will request a City business license or permit. BUSINESS OR DOING BUSINESS: Any business, commercial enterprise, trade, occupation, calling, profession, vocation, or activity engaged in, conducted, carried on by any person, his agent or employee for the purpose of direct or indirect gain, with the principle objective of livelihood and/or profit through repetitive means within the City. This includes, but is not limited to: Any activity conducted by a person for which such person is required to file with the Internal Revenue Service for the activities; or (B)The performance of services for compensation that are not normally subject to withholding taxes, including but not limited to, independent contractors and commissioned sales agents. The terms BUSINESS or DOING BUSINESS do not include activities conducted by, or for the exclusive benefit of, organizations that are certified as tax exempt entities pursuant to 26 U.S.C. § 501(c) or authorized by Nevada State Law as a non-profit organization, including but not limited to organizations operated for religious, charitable, scientific, literary, educational, or fraternal purposes. CITY: The City of Fernley, a political subdivision of the State of Nevada. COUNCIL: The City Council of the City of Fernley. DEPARTMENT: The City of Fernley Business License Division. PEDDLE OR SOLICIT: Selling, offering for sale or soliciting on the streets, sidewalks or alleys of the City, or by going from dwelling to dwelling unit by foot or by other means of transportation. PEDDLER OR SOLICITOR: Any individual, regardless of whether a resident of the City, traveling either by foot, automobile, motor vehicle, or any other type of conveyance, from place to place, or from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future. ---PAGE BREAK--- 3- 14 3.02.02. LICENSE REQUIRED AND EXEMPTIONS: It is unlawful for any solicitor or peddlers defined in section 3.02.01 of this Chapter to engage in such business within the City without first obtaining a license therefore in compliance with the provisions of this Chapter. This Chapter does not apply to non-profit solicitations. A holder of a valid, unexpired City business license is not required to obtain a peddler/solicitor license under this Chapter or pay a fee on behalf of its employees with respect to peddling or solicitation activities in furtherance of that business. 3.02.03: APPLICATION AND FEES: Any person who is required to have a license under this Chapter must file an application with the Department and pay the applicable nonrefundable application fee. The application must be made upon forms provided by the Department and shall provide the following information in addition to general business license application requirements: The name and a description of the business or enterprise which the applicant proposes to engage in or represent; Permanent home address or local address of the applicant; The dates on which the applicant desires to peddle or solicit; A brief description of the nature of the business and the nature of the products or services to be offered; and Such other information or documentation as the Department may require in order to establish the applicant’s suitability and fitness for the approval. All applicable fees shall be paid upon submitting application to the Department. 3.02.04: LICENSE PROCESS AND ISSUANCE: Upon receipt of such application, applicant shall be referred to the Lyon County Sheriff’s Office for submitting fingerprints for the owner and all the agents planning to solicit or peddle. Applicable fingerprinting fees shall be paid at the Lyon County Sheriff’s Office. If, as a result of application review and fingerprinting results, the character and business responsibility of the applicant is found to be satisfactory, the Department shall approve application and issue a license. License issued under this Title shall include information to identify the licensee and state the specific dates on which the licensee is authorized to operate. 3.02.05: EXHIBITION OF LICENSE: Each person including business owner and his/her agents are required to have an original license and must exhibit license at the request of any resident, prospective customer, Department representative or law enforcement officer. 3.02.06: TERM OF LICENSE: Each peddler/solicitor license issued pursuant to this Chapter is limited to the time period approved by the Department and designated on the ---PAGE BREAK--- 3- 15 license. The minimum time period is seven days. The maximum time period is six month, subject to renewal by the Department. 3.02.07: DUTY OF LAW ENFORCEMENT TO ENFORCE: It shall be the duty of any law enforcement officer of the City to require any individual seen soliciting or canvassing, who is not known by such officer to be duly licensed, to require the production of a solicitor’s or peddler’s license and to enforce the provisions of this Chapter against any person found to be violating the same. 3.02.08: RECORDS: The Department shall forward a license number to Lyon County Sheriff’s Office; the Sheriff shall report to the Department any complaints against any person licensed under the provisions of this Chapter and any conviction for violation of this Chapter. The Department shall keep a record of all such licenses and of such complaints and violations. 3.02.09: LICENSEE RESPONSIBLE FOR ACTS OF EMPLOYEES AND AGENTS: Any person or entity who employs, contracts, or otherwise engages another to conduct soliciting or peddling activities, is responsible for the acts or omissions of his/her employees or agents committed during performance of activities governed by this Chapter. In any suspension, limitation or revocation proceeding, the fact that the distributing service or person who employed, contracted, or engaged another did not have actual knowledge of the violation shall be not be a defense. 3.02.10: GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION: In addition to any grounds provided in this Title, the following shall be grounds for the denial of license applications made under this Chapter, for suspension or revocation: Fraud, misrepresentation, or false statements contained in any application; Fraud, misrepresentation, or false statements made in the course of carrying out the business of a solicitor or peddler; Any violation of this Chapter; Conducting the business of soliciting or canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public; (E)The applicant has committed acts which would constitute a crime involving moral turpitude or has been convicted within the last ten years preceding the date of application of any felony, gross misdemeanor, or a misdemeanor involving a sex offense, trafficking controlled substances, or any violent acts against a person or property. The Director’s disapproval and the reasons for disapproval shall be noted on the application and the applicant shall be notified by mail within fourteen (14) days that his/her application is disapproved and that no license will be issued. 3.02.11: APPEAL: Any individual aggrieved by the action of the Department in the denial of a license shall have the right of appeal to the Council. Applicant shall file a written statement within fourteen (14) days after notice of the action has been mailed to such individual’s last known address, setting forth fully the grounds for the appeal. The ---PAGE BREAK--- 3- 16 Council shall set a time for hearing on such appeal and notice of such hearing shall be given to the applicant. The decision and order of the Council on such appeal shall be final and conclusive. 3.02.12: LOCATION RESTRICTIONS: No person engaged in peddling or soliciting shall: Attempt to peddle or solicit at any dwelling, residence or commercial location where there is a displayed, affixed or exposed to public view sign bearing the words “no soliciting,” or other words of similar import, except pursuant to prior invitation by any individual residing in such dwelling; Operate in any congested area where the operation might impede the public; Have any exclusive right to any location upon streets, sidewalks, alleys or public grounds of the City; 3.02.13: HOURS OF SOLICITATION: No person, while conducting the activities of a peddler or solicitor, shall enter upon any private property, knock on doors, ring any bells, or otherwise disturb persons in their residences between the hours of 8:00p.m. through 9:00 a.m.