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Ordinance #157

AN ORDINANCE LICENSING BUSINESSES AND SETTING
FEES THEREFORE; REPEALING ALL CONFLICTING
ORDINANCES; AND PROVIDING PENALTIES;
DECLARING AN EMERGENCE; AND FOR OTHER
PURPOSES.

 

BE IT ORDAINED BT THE CITY COUNCIL OF THE CITY OF JOHNSON, ARKANSAS;

Section I. That a license shall hereafter be required of any person, firm, individual or corporation who shall engage in, carry on or follow any trade, business, profession, vocation or calling, within the corporate limits of the City of Johnson/ Washington County, Arkansas,

Section II. Application. Applications for all licenses required by this ordinance shall be made in writing to the City Clerk. Each application shall state the name of the applicant, the location to be used, if any, the time covered and the fee to be paid; and each application shall contain such additional information as may be needed for the proper guidance of the city officials in issuing the license applied for.

Section III. Any person, partnership, corporation or other entity shall be subject to the requirements of this ordinance if by himself or through an agent, employee or partner, he holds himself forth as being engaged in a business or occupation; or solicits patronage therefore, actively or passively; or performs or attempts to perform any paxrt of such business or occupation in the City. 

Section IV. Any person, partner ship,. corporation or other entity having more than one place of business • within, the city shall obtain a license for each place of business. For the purpose of construing this ordinance, more than one place of business shall mean any business operations conducted within two or more separate buildings or upon two or more separate tracts of real estate. 

Section V. All applications required hereuuder shall be kept and filed by the City Clerk, 

Section VI. Each license issued shall bear the signature of the City Clerk,

Section VII. All fees and charges for licenses shall be paid at the time application therefore is made to the City Clerk. When an applicant has not engaged in the business until after the expiration of part of the current license year the license fee shall be prorated by quarters and the fee paid for each quarter or fraction thereof during which the business has been or will be conducted. All license fees shall become part of the City General Fund.

Section VIII. All licenses shall terminate on December 31 of each year and the annual license fee which shall be due and payable on January 1 of each year. The City Clerk shall publish a notice in a newspaper of general circulation in the city of the time of expiration of the city licenses, three weeks prior to the date of such expiration. Provided, that a failure to publish such notice, or the failure of the licensee to have actual knowledge of such notice shall not excuse tiie licensee from a failure to obtain a new license, or a renewal thereof, nor shall it be a defense in an action for operation without a license.

Section IX. No license shall be issued for the conduct of any business, if the premises and building to be used for the purpose do not fully comply with the requirements of the city, No such license shall be issued for the conduct of any business or performance Of any act which would involve a violation of the zoning ordinance of the city.

Section X. The location of any licenses business or occupation, or of any permitted act, may be changed, provided, ten days notice thereof is given to the City Clerk, in the absence of any provision to the contrary; provided, that the building, zoning, and other ordinances of the City of Johnson are complied with. 

Section XI. No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact,

Section XII. Whenever inspections of the premises used for or in connection with' the operation of a licensed business or occupation are provided for or required by ordinance, or are reasonably necessary to secure compliance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit thereto for the purpose of making the inspection any-officer or employee of the city who is authorized or directed to make such inspections at any reasonable time admission is requested.

Section XIII. It shall be the duty of any person conducting a licensed business in the city to keep his license posted in a prominent place on the premises used for such business at all times. The holder of a license shall show the license to any officer or agent of the city upon request. 

Section XIV. Any person, firm, partnership or corporation who shall engage in, carry on, or follow any trade, business, professions, vocation or calling, within the corporate limits of the City of Johnson, shall pay an annual license fee of $20.00 per year. 

Section XV. A license issued under this Ordinance shall not be transferable. 

Section XVI. An employee, for the purpose of construing this Ordinance only, is any partner, corporate officer or other individual who receives any direct or indirect compensation from any entity subject to the licensing under Section III of this Ordinance.

EXCEPTION: The sole proprietor of any unincorporated business is not an employee within the meaning of this ordinance and shall not be counted for the purpose of computing the number of employees upon which the amount of any license fee shall be based.

Section XVII. The following existing ordinances are not affected by the provisions contained herein:

    (a) Any ordinance regelating, taxing, or licensing business which manufacture, distribute or sell beer, wine or liquor.

    (b) Ordinances licensing, regulating or controlling the operation of mobile home parks.

    (c) Any franchise ordinance specifically including, but not being limited to, utilities, sanitation service, and telephone service.

Section XVIII. Penalty. Any person violating any provision of this ordinance, upon conviction shall be fined a sum of not less than the amount of the license fee provided for, nor more than double such amount for each offense. Each day of violation shall constitute a separate and distinct offense.

Section XIX. Conflict with. Statutes. This Ordinance shall not be construed to alter/ change, or regulate in any unlawful way any business, trade, occupation, profession or vocation regulated or governed by the laws of the State of Arkansas when such laws are in conflict with the provisions
herein contained.

Section XX  Severability. The provisions of this ordinance shall be deemed severable and the unconstitutionally or unenforceability of any one provision shall not affect the remainder of the ordinance.

Section XXI. Repealing Clause. All ordinances and parts of ordinances in conflict herewith are hereby repealed.

PASSED AND APPROVED this 12th day of September, 1995.

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