1536ORDINANCE NO. 1.536 (#16 - 2015)
AN ORDINANCEAMENDING 1MC,§' 5.04. TO PROVIDE MODIFICA TION OF
THE CITY`S BUSINESS PRIVILEGE LICENSE REQUIREMENTS; AND, FOR
OTHER PURPOSES.
WHEREAS, the City's Privilege License Schedule has not been modified since
1974, has become outdated, and does not address the needs of the City for those
focal businesses, corporations, entities, individuals, and professionals who wish to
operate within the City; and,
WHEREAS, after many meetings and discussion, the City Council's Committee
prepared the following modifications and revisions to the City's Business Privilege
License Program for review and consideration. The Committee recommends that
the City Council adopt such modifications after hosting a Public Hearing regarding
the matter.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OFIACKSONVILLE, ARKANSAS, THAT:
SECTION ONE.' IMC § 5.04.010 (LICENSE PAYMENT REQUIRED)
is hereby amended and modified to read as follows:
It is unlawful for any business, corporation, entity, individual, Institution,
partnership, professional, and/or sole proprietorship to begin, commence, conduct,
or engage in any business activ4 within the City for which a Business Privilege
License is required under the terms of this Code without first obtaining a License
and tendering payment of the appropriate amount due.
SECTION TWO: JMC § 5.04.020 (LICENSE COVERAGE PERIOD) is
hereby amended and modified to read as follows:
All license issued under this Chapter shall be valid for the calendar year in
which said license is issued. However, any business, corporation, entity, individual,
institution, partnership, professional, and/or sole proprietorship opening subsequent
to July ISt of any calendar year shall only pay a monthly pro -rated amount of the
annual Business Privilege License amount for the remainder of that calendar year.
SECTION THREE: JMC § 5.04.030 (SEPARATE LICENSE ISSUANCE
REQUIREMENTS) is hereby amended and modified to read as follows:
ORDINANCE NO. 1536 (#I6-2015)
Page Two
For any business, corporation, entity, individual, institution, partnership,
professional, and/or sole proprietorship with multiple physical addresses and/or
business(es) operations within the City, a separate Business Privilege License shall
be required for each such separate business/business location.
SECTION FOUR: IMC § 5.04.040 (LICENSE ISSUANCE AND
REQUIRED INFORMATION) is hereby amended and modified to read as follows:
Upon receipt of the appropriate annual payment of a Privilege License Tax
and satisfaction of all requirements and applicable Code/legal provisions, it is the
duty of the City to issue an annual Privilege License for every business, corporation,
entity, individual, institution, partnership, professional, and/or sole proprietorship
seeking such. On said License and/or Application shall be the name of the business,
corporation, entity, individual, institution, partnership, professional, and/or sole
proprietorship to whom the License is issued, the activity, business, function,
profession, and/or service to be provided, the address and location for which the
License is issued, and the appropriate contact information (address(es), email,
telephones), etc.) for a designated representative(s) of the business, corporation,
entity, individual, institution, partnership, professional, and/or sole proprietorship
licensed.
SECTION FIVE: IMC § 5.04.060 (LICENSE ISSUANCE AND NON -
TRANSFERABILITY) is hereby amended and modified to read as follows:
Any License issued hereunder is neither non -transferable nor assignable.
Upon the sale, merger, or transfer of ownership of a business, corporation, entity,
individual, institution, partnership, professional, and/or sole proprietorship, a new
owner must register and apply for a new Business Privilege License within Thirty
(30) days of the date of transfer and/or re -opening of the business.
SECTION SLKI IMC § 5.04.070 (PRIVILEGE LICENSE DUE DATE
AND DELINQUENCY PENALTIES) is hereby amended and modified to read as
follows:
ORDINANCE NO. 1536 (#16,-2015)
Page Three
A) All business, corporation, entity, individual, Institution, partnership,
professional, and/or sole proprietorship operating within the City of
Jacksonville shall pay in advance on January Is' of every year for his/her/its
annual Business Privilege License. Failure to pay in full any balances due the
City no later than February 1'r of each year will be classified as delinquent
payments and subject to an Administrative Penalty Fee of Fifty Dollars
($50.00) per delinquent License.
B) Any business, corporation, entity, individual, institution, partnership,
professional, and/or sole proprietorship subject to payment requirements of
this Code shall, upon request by the City/City's agents), make available their
accounting and business records for review by the City for substantiation of
amounts due under the provisions of this Code.
SECTION SEVEN: JMC § 5.04.084 (PENALTY) is hereby revoked and
replaced with IMC § 5.04.150 (ENFORCEMENT AND PENALTIES).
SECTION EIGHT,- IMC § 5.04.080 (EXEMPTIONS FROM PRIVILEGE
LICENSE PAYMENTS AND REQUIREMENTS) is hereby created and modified to read
as follows:
(A) Those charitable, non-profit, and/or religious corporations, entities, and
organizations fully recognized and/or registered as such with the appropriate
State and Federal Agencies are hereby exempt from the payment of a
Privilege License as long as the business activity(ies) is/are directly related to
the primary purpose(s) of their charitable and/or religious organization.
Solicitation activity(ies) associated with said charitable, non-profit, and/or
religious organizations within the City are, however, subject to registration
with the City prior to enactment of any solicitation activity(ies);
(B) A business, corporation, entity, individual, institution, partnership,
professional, and/or sole proprietorship granted an exemption under State
and/or Federal law from local Privilege License Payments shall be exempt
from payment, but shall be required to register with the City for each year in
which said business, corporation, entity, individual, institution, partnership,
professional, and/or sole proprietorship conducts business activity within the
City; and,
(C) No individual under the age of Eighteen (18) years of age shall be required to
register or obtain a business license.
ORDINANCE NO 1536 (#16-2015)
Page Four
SECTION NINE: IMC § 5.04.090 (STATE LICENSURE
REQUIREMENTS) is hereby created and modified to read as follows:
No City of Jacksonville Privilege Business License shall be issued to any business,
corporation, entity, individual, partnership, and/or professional who is required to
hold a valid State and/or Federal License or Certificate until said State and/or
Federal License/Certificate has been issued. Should said State and/or Federal
License/Certificate expire, be revoked, or be withdrawn, temporarily or permanently,
said business, corporation, entity, individual, partnership, and/or professional shall
concurrently lose their City Privilege Business License as well and remain ineligible
for such until the State and/or Federal License/Certificate is reinstated.
SECTION TEN: IMC § 5.04.100 (BUSINESS PRIVILEGE LICENSE
SCHEDULE) is hereby amended and modified to read as follows:
(A) Pursuant to the determination that conducting a business operation
within the City is a privilege, the following annual Business Privilege
License Schedule is set forth:
1) Alcohol Sales — Hospitality, Private Clubs, Bars, Restaurants, Retail, &/or
Wholesale
0 — 2000 Square Feet $ 500.00
2041 - 3400 Square Feet $ 525.00
3001— 4000 Square Feet $ 550.00
4001 - 5000 Square Feet $ 575.00
5041 W 6000 Square Feet $ 500.00
5001 - 9,999 Square Feet $ 700.00
10,004 Square Feet & above $ 825.00 +
$0.025 cents per square foot above 10,000 SF
ORDINANCE NO. 1536 (#16-2015)
Page Five
2) Bakeries & Restaurants (No Alcohol Sales)
0 — 2000 Square Feet
$
100.00
2001 - 3000 Square Feet
$
125.00
3001 --- 4000 Square Feet
$
150.00
4001 - 5000 Square Feet
$
175.00
5001 - 6000 Square Feet
$
240.00
6001 - 9,999 Square Feet
$
300.04
10,000 Square Feet & above
$
425.00+
$0.025 cents per square foot above 10,000 SF
3)
Banks (Per Location)
$
400.00
4)
Beauty Salons, Barber Shops, & Nail Salons
$
100-00+
$10.00 per booth
5)
Billboards -- Poster or Bulletin (Per Face)
$
100.00
5)
Business/Retail, Hospitals, Nursing/Care
Facilities, Sales, Flea Markets,
Antiques, Pawn Shops, & Consignments
0 — 2000 Square Feet
$
100.00
2001 — 3000 Square Feet
$
125.00
3001 - 4000 Square Feet
$
150.00
4001 - 5400 Square Feet
$
175.00
5001 - 5000 Square Feet
$
200.00
6001 - 9,999 Square Feet
$
300.00
10,000 Square Feet & above
$
425.00+
$0.025 cents per square foot above 10,000
SF
7)
Contractor(s) and Specialty Trade(s)
$
100.00
8)
daycare Centers
$
75.00+
$1.00
per child (DHS maximum)
9)
Funeral Homes
$
300.00
10}Home Based Business(es)
$
100.00
11}Hotels/Motels
$
200-00+
$2.00 per room
12)Landfills/Waste Facilities
$
500.00 +
$ 0.03 per ton
collected
ORDINANCE NO 1536 (#16-2015)
Page Six
13) Licensed Professionals
$ 150.00
(Includes, but is not limited to, Appraisers, Accountants, Architects,
Attorneys, Auditors, Chiropractors, Dentists, Engineers, Optometrist,
Opticians, Physicians, Psychologists, and Veterinarians)
150.00
14] Non — Licensed Professionals
$ 75.00
(Includes, but is not limited to, unlicensed Accountants,
Tax Preparation Services, and other such business professionals)
15) Lumber j Hardware
$
0 — 50,000 Square Feet
$ 500.00
50,001. — 99,909 Square Feet
$1,000.00
100,400 Square Feet & above
$1,500.00+
$0.025 cents per square foot above 100,000 SF
16} Manufacturing/Production & Warehousing
Less than 50 Employees
$ 500.00
50 — 100 Employees
$ 525.04
101 Employees or above
$ 750.00
17) Mobile Food Vendors (No Alcohol Sales)
$ 50.00
18) Mobile Home Parks
$ 100.00+
$40.00 per
acre in Park
17) Motor Vehicles (including ATVs, autos, boats, cars,
motorcycles, mowers, RV's, & trucks)
Automatic & Self Service Car Wash
$ 100.00
Detail Service Providers
$ 100.00
Dealers — New
$ 750.00
Dealers — Used
$ 250.00
Gas Stations/Convenience Stores
$ 200.00+
Paint & Body Shop
Parts Supply (Retail & Wholesale)
Repair Shop
Repair / Tire Shop
Salvage
Towing Services/Wreckers
Transportation Services
$15.00 per pumping station
$
1.50.00
$
150.00
$
150.00
$
200.00
$
300.00+
$10.00 per acre
$
200.00
$
100-00+
$25.00 per vehicle
Ur ,_ _ .. '..+ w'
ORDINANCE NO. 1536(#16-2015)
Page Seven
18) Real Estate Sales/Management $ 100.00+
$50.00 per licensed Agent and $75.00 per licensed Broker
19) Vending Kiosks/Machine Operators $ 50.00
SECTION ELEVEN: J M C § 5.04.110 (BUSINESS(ES), ENTITY(IES), &
INDIVIDUALS) NOT COVERED BY SCHEDULE) is hereby amended and modified to
read as follows:
Any other business, corporation, entity, individual, institution, partnership,
professional, and/or sole proprietorship not covered by the above listed schedule
shall pay One Hundred Dollars ($ 100.00) annually for a Privilege Business License.
SECTION TWELVE. IMC § 5.04.120 (COMMERCIAL WASTE HAULERS
AND LANDFILLS) is hereby created and modified to read as follows
A) Any business, corporation, entity, individual, institution, partnership,
professional, and/or sole proprietorship licensed as a commercial hauler
of garbage, refuse, trash, and/or waste operating and/or providing said
services with the City limits shall be issued or hold a current and valid
Business Privilege License and assessed Seven Dollars {$7.00} per
dumpster/collection unit per month for unit(s) located within the City.
Said assessments shall be paid through the City Clerk's Office on or
before the Fifteenth (151h) day of each month for the number of
dumpsters/collection units located within the City as of the First (1St) day
of the previous month, together with a Report. Should the Report Form
and payment not be received on or before the Fifteenth (15th) day of the
month, an Administrative Fee shall be assessed of no less than Ten
Percent (10%) against the License Holder.
B) Any licensed commercial landfill and/or solid waste facility shall report
their collection of waste on a quarterly basis as reported to the County
and State entities no later than the Fifteenth (15th) day of the month
following each quarter, together with a Report and payment of the fees
assessed per Paragraph 12 of JMC 5.04.100(A). Should the Report Form
and payment not be received on or before the Fifteenth (15th) day of the
month, an Administrative Fee shall be assessed of no less than Ten
Percent (10%) against the License Holder.
A
ORDINANCE NO. 1536 (#16-2015)
Page Eight
SECTION THIRTEEN: JMC § 5.04.130 (FALSE INFORMATION AND
STATEMENTS) is hereby amended and modified to read as follows:
It is unlawful far anyone to make and/or provide any false information and/or
statements in application of or submission for a business, corporation, entity,
individual, institution, partnership, professional, and/or sole proprietorship's
Business Privilege License or its reports provided to the City.
SECTION FOURTEEN: JMC § 5.04.140 (SUSPENSION AND REVOCATION
OF BUSINESS PRIVILEGE LICENSE) is hereby created and modified to read the
following:
1) If any business, corporation, entity, individual, institution, partnership,
professional, and/or sole proprietorship shall act to operate
his/her/its/their business in such a way as to create a fraudulent,
unhealthy, unlawful, unreasonable, unsanitary, or unsafe circumstance(s)
or condition(s), be delinquent in submission of any and all payment(s)
obligated under this Code or any other City, County, State, or Federal
taxes or required fees, has had his/her/its/their local, state, or federal
license suspended or revoked, or has conducted its business operations
so as to warrant such, the City can suspend and/or revoke said business,
corporation, entity, individual, institution, partnership, professional,
and/or sole proprietorship's Business Privilege License;
2) Should the City have reason to believe that grounds exist to justify the
revocation or suspension of a Business Privilege License, a letter shall be
mailed by First Class Mail through the U.S. Postal Service to the Business
Mailing Address on file with the City of the affected License Holder. Said
letter shall notify the business, corporation, entity, individual, institution,
partnership, professional, and/or sole proprietorship of the grounds for
revocation or suspension and the date and location of a Hearing
regarding said matter within Ten (10) business days. Said letter shall
also be emailed if a current email address for said License Holder has
been provided to the City;
3) The Director of Administration shall conduct the Hearing, shall receive
evidence and information from City employees or others about the
grounds for revocation or suspension of the Business Privilege License,
then shall allow the business, corporation, entity, individual, institution,
partnership, professional, and/or sole proprietorship an opportunity to
ORDINANCE NO. 1536 (#16-2015)
Page Nine
1) present evidence and information to rebut any allegations so as to
support why the Business Privilege License should not be revoked or
suspended; and,
2) After such a hearing, the Director of Administration shall, solely within
his/her judgment, issue a written Ruling within Ten (10) Business days.
In said Ruling, the Director shall have the following options: (a) uphold
the City's revocation or suspension of the license; (b) reinstate said
Business Privilege License; (c) modify said suspension period for no more
than Ninety (90) days; (d) place said Business Privilege License on
probationary status for no more than Ninety (90) days to allow the
business, corporation, entity, individual, institution, partnership,
professional, and/or sole proprietorship to remedy the violation(s); (e)
direct that a citation be issued by the City's Code Enforcement Office for
said violation(s); (f) issue a directive for Code Enforcement to issue a
Cease & Desist Order for said Business License; (g) issue a directive to
withhold any and all City services, including sanitation, wastewater, and
water services, to the License Holder's business locations); and/or, (i)
issue a directive of any combination of the above so as to protect the
citizens from any unethical, unscrupulous, unhealthy, unsafe, and/or
unsanii:ary business practice(s) by the License Holder.
3) Should any business, corporation, entity, individual, institution,
partnership, professional, and/or sole proprietorship whose Business
Privilege License has been revoked or suspended by the City disagree,
the decision of the Director of Administration shall be appealed to the
Pulaski County Circuit. Court and/or a court of competent jurisdiction
within Thirty (30) days of the date of the Director of Administration's
written ruling.
SEMON FIFTEEN: IMC § 5.04.1.50 (ENFORCEMENT AND PENALTIES)
is hereby created and modified to read as follows:
It is hereby declared an offense for any business, corporation, entity,
individual, institution, partnership, professional, and/or sole proprietorship
conducting such within the City of Jacksonville to fail to and/or refuse to comply
with any of the provisions of this. Code. If such occurs, Code Enforcement shall
issue a citation to the License Holder and present such to the Jacksonville District
Court for adjudication. Upon conviction of said offense, a License Holder shall be
ORDINANCE NO. 1536 (#I6-2015)
Page Ten
fined no less than Two Hundred Dollars ($200.00) and no more than Five Hundred
Dollars ($500.00) for an offense, together with applicable Court Costs. Each day
said License Holder is/was in violation of the terms of this Code shall constitute a
separate offense.
SECTION SIXTEEN: JMC § 5.04.155 (PERIODS OF OPERATION) is
hereby created and modified to read as follows:
(A) Should any business, corporation, entity, individual, institution,
partnership, professional, and/or sole proprietorship conducting such within the City
of Jacksonville no longer remain open and/or conduct business for a period more
than Forty-five (45) days and which has not received a Permit to do so from the
City, any Privilege License issued to said business, corporation, entity, individual,
institution, partnership, professional, and/or sole proprietorship shall expire. if such
a circumstance is created, said business, corporation, entity, individual, institution,
partnership, professional, and/or sole proprietorship will be required to obtain a new
Privilege License and satisfy any and all other applicable Code provisions.
(B) Exceptions to the provisions of Sub -section (a) above shall be granted for
those business, corporation, entity, individual, institution, partnership, professional,
and/or sole proprietorship conducting such within the City of Jacksonville that are
seasonal in nature. Examples are, but are not limited to, fresh produce sales,
holiday events and sales, grounds maintenance services, and other event -based or
seasonal -based business activities.
SECTION SEVENTEEN: JMC § 5.04.1.54 (CEASE & DESIST ORDERS) is
hereby created and modified to read as follows:
In the event any business, corporation, entity, individual, institution,
partnership, professional, and/or sole proprietorship fails to comply with the
provisions of this Code and/or any other provision of local, state, or federal law,
upon directive of the Mayor, Chief of Police, and/or the Director of Administration,
Code Enforcement shall issue a Cease & Desist Order for said Business License and
post such on the primary entrance to said business operation and forward one to
the License Holder by U.S. Postal Service through the mailing address on file with
the City and through a valid email address should one be provided to the City.
From the point of posting said Order forward, should ani• type of business
activity take place at the business location upon which said Order is posted, Code
Enforcement shall issue a citation to said License Holder for violation of this
ORDINANCE NO 1536 (#16-2015)
Page Eleven
provision, with adjudication and punishment in accordance with JMC § 5.04.150.
Every separate business transaction conducted after a Cease & Desist Order is
posted shall constitute a separate offense.
SECTION EIGHTEEN. If any court of competent jurisdiction finds that
any section, clause, sentence, or phrase of these Code provisions is invalid or
unconstitutional, that finding in no way affects the validity of the remaining portions
of this Code.
SECTION NINETEEN., Said Ordinance and the changes included herein
shall be in full force and effect from and after its passage and approval as provided
by and subject to applicable law.
APPROVED AND ADOPTED THIS DA Y OF FEBRUARY, 2016.
D
JACKSONVILLE, ARKANSAS
FLETCHER, MA YOR
SUSAN DA WIT, CIT y CLERK
AS TO