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HomeMy WebLinkAbout463_Part 9 Ch 1_Repealing Subsection b-4 b-14 thru 56 of section 9-1135530 2183 93 078929 ORDINANCE NUMBER 463 THE CITY OF OWASSO, OKLAHOMA AN ORDINANCE RELATING TO PART 9, LICENSING AND BUSINESS REGULATIONS, CHAPTER 1, OCCUPATIONAL LICENSE GENERALLY, SECTION 9 -113, LICENSE FEE SCHEDULE, SUBSECTION B, REPEALING PORTIONS THEREOF, TO -WIT: SUBSECTION B -4, B -13 AND B- 21 THROUGH 56 INCLUSIVE, DECLARING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section 1: Part 9, Licensing and Business Regulations, Chapter 1, Occupational Licenses Generally, Section 9 -113, License Fee Schedule, Subsection B of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended by repeal therefrom of the following sections, to -wit: 1) Subsection B -4; 2) Subsection B -13; and, 3) Subsection B -21 through B -56, inclusive. Section 2: That this Ordinance shall, upon passage, become effective thirty (30) days from the date of first publication as required by State Law. Dated this 15th day of June, 1993. CITY OF OWASSO, OKLAHOMA Bob Randolph, Mayor ATTEST: Marcia Boutwell, City Clerk Ronald D. Cates, City Attorney 5530 2184 Affidavit of publication STATE OF OKLAHOMA, TULSA COUNTY, ss: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the OWASSO REPORTER, a weekly newspaper printed in the City of Owasso Tulsa County, Oklhaoma, a newspaper qualifed to publish legal notices, advertisements and publications as provided in Section 106 of title 25, Oklahoma Statues 1971 and 1983 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications That said notice, a true copy of which is attached. hereto, was published in the regular edition of said newspaper during theperiod and time of publication and not in a supplement, on the following dates: June 24, 1993 Subscribed and sworn to me before this 25th day of June, 1993 Notary Public My Commission expires: March 20, 1997 Publisher's Fee $23.10 ORDINANCE NUMBER 463 THE CITY OF OWASSO, OKLAHOMA AN ORDINANCE RELATING TO PART 9, LICENSING AND BUSINESS REGULATIONS, CHAPTER 1, OCCUPATIONAL LICENSE GENERALLY, SECTION 9 -113, LICENSE FEE SCHEDULE, SUBSECTION B, REPEALING PORTIONS THEREOF, TO -WIT: SUBSECTION B -4, B -13 AND B- 21 THROUGH 56 INCLUSIVE, DECLARING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section 1: Part 9, Licensing and Business Regulations, Chapter 1, Occupational Licenses Generally, Section 9 -113, License Fee Schedule, Subsection B of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended by repeal therefrom of the following sections, to -wit: 1) Subsection B -4; 2) Subsection B -13; and, 3) Subsection B -21 through B -56, inclusive. Section 2: That this Ordinance shall, upon passage, become effective thirty (30) days from the date of first publication as required by State Law. Dated this 15th day of June, 1993. CITY OF OWASSO, OKLAHOMA Bob Randolph, Mayor ATTEST: Marcia Boutwell, City Clerk Ronald D. Cates, City Attorney MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: COUNCILOR MARY LOU BARNHOUSE CITY COUNCIL SUBJECT: REQUSET FOR APPROVAL OF ORDINANCE #463, REPEALING CERTAIN BUSINESS LICENSE FEES DATE: June 11, 1993 BACKGROUND: In 1973, the Owasso City Council adopted a recodified Code of Ordinances through Ordinance #166. At that time, "Part 9" of the Code of Ordinances was amended to include a lenghty list of businesses that were to be chargned a "license Fee.... for the purpose of meeting the expense of supervising, regulating and policing..." those trades or business. the fee assesed was ten dollars per year for a majority of the business. Then in December 1986, through Ordiance #360, the Council increased those fees from ten dollars to fifty dollars based ona need to increase revenues in the face of a budget shortfall. The majority of business license revenue has historically been charged to permanent, local retail outlets that are required to pay other fees and permits, as well as act as the collector of sales taxes, for the city, county, and state. Although there are licenses reequired for transient peddlers and non-permanent sales opeators, research by the city staff has indicated that those revenues are minimal and produce less than $1000 per year. During a fiscal year, the business license fees paid by local, permanent merchants normally totals $12,000. Ordinance #463, if approved would retain fees for "door-to-door" peddlers, sales from vehicles, handbill distributors, carnivals, concerts, medicine shows, astrologers and itinerant vendors, but would eliminate the business licenses on other local permanent businesses as previously listed in subsection B-4, B-13 and B-21 through 56 of Section 9-113 of the City Code (see attachemnt). The net fiscal effect of this action will be the loss of $12,000 in revenue previously available to the city for budget needs. In anticipation of this repeal, however, the budget recently proposed by the City Manager did not inculde revenues generated by this fee. It is clear that the city does not perform services in return for the license fee. There are no unusual regulatory or superivsory functions provided by this fee not are there other expenses the fee is dedicated to serving. Obviously, the business license is a revenu tax without other significant purpose. The elimination of such a fee will send a clear message to businesses Memorandum Business License Fees June 11, 1993 Page 2 looking at Owasso as a potential site, and out current business community, that out city government is interested in making Owasso a good business environment and is a good investment opportunity. It should be noted that there exists a need for new businesses to have pre-opening inspections for code compliance. The city staff is preparing an ordinance requiring an occupancy permit for new businesses that addresses those issues. It is anticipated that there will be a one-time charge for that permit. In the meantime, the code compliance inspections for new business locations are being conducted without charge by the Community Development Department and Fire Department under the authority of an administrative policy REQUEST: It is requested that the City Council adopt Ordinance #463, thereby repealing certain sub-sections of "part 9, chapter 1, section 9-113" of the Owasso Code of Ordinances and removing certain businesses from the requirement of paying an annual business license fee. ATTACHEMTNS: 1. ORDINANCE #463 2. Current Section 9-113 of the Code of Ordinances STAFF NOTE: Please note, the staff recommendation relating to Ordiance #463 is for City Council approval of the ordinance. AN ORDINANCE RELATING TO PART 9, LICENSING AND BUSINESS REGULATIONS, CHAPTER 1, OCCUPATIONAL LICENSE GENERALLY, SECTION 9-113, LICENSE FEE SCHEDULE, SUBSECTION B, REPEALING PORTIONS THEREOF, TO-WIT: SUBSECTION B-4, B-13 AND B- 21 THROUGH 56 INCLUSIVE, DECLARING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF t, s, OKLAHOMA, THAT- Section 1: Part 9, Licensing and Business Regulations, Chapter 1, Occupational Licenses Generally, Section 9-113, License Fee Schedule, Subsection B of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended by repeal therefrom of the following sections, to-wit: 1) Subsection B-4; 2) Subsection B-13; and, 3) Subsection B-21 through B-56, inclusive. Section 2: That this ordinance shall, upon passage, become effective thirty (30) days from the date of first publication as required by State Law. DATED this day of rcia Boutwell, City Clerk Ronald D. Cates, City Attorney oword93.p9r 1 1993. By Bob Randolph, Mayor SECTION 9-113 LICENSE FEE SCHEDULE. A. There is hereby assessed and levied a tax or license fee upon each person engaging in any vocation , occupation or trade, named in this section, for the purpose of meeting the expense of supervising, regulating and policing the trades or business, and every person who engages in any of the folliwing occupations, trades or businesses, shall first procure a license therefor. Any person who shall engage in more than one business, trade or occupation on which any license fee is required by the city ordinances, shall pay the licese fee required for each of such businesses, trades or occupations, the same as if each were maintained, operated or exercised independently and exclusively of all others. The llicense fee shall be an annual fee, except where specified for a shorter period: B. The following fee schedule is applicable for each of the businesses or occupations listed: 1959 Supplement Page 9-5 Sec. 9-113 Licensing and Business Regulations 1. Advertising agent, defined to be any person who contracts with another to deliver or distribute, handbills, circulars, posters, samples, or any other thing for advertising purposes - Fifty dollars ($50.00); 2. Amusement machines. Repealed Ord. No. 388, 5/17/88; 3. Amusement park or pleasure resort, as defined herein, per annum- Seventy-five Dollars ($75.00); 4. Agent-manufacturer, who stores or distributes goods within the city, each per year - Seventy-five dollars ($75.00); 5. Agents or canvassers, house-to-house, of any kind whatsoever where not otherwise progided, per day - Ten Dollars ($10.00); per year - Fifty Dollars ($50.00); 6. Car lot shipment, where the goods are sold or delivered direct from the car, per car - One Hundred dollars ($100.00); 7. Carnivals: a. Any carnival requiring not over twenty-five (25) cars or other transport vehicl shall pay a fee for the first day of Two hundred and Fifty Dollars ($250.00); b. Twenty-six (26) cars and not over forty (40) cars or other transport vehicles shall pay a fee for the first day of Three Hundred Dollars ($300.00); c. Over forty (40) cars or other transport vehicles shall pay a fee for the first day of Three Hundred Fifty Dollars ($350.00); or D. All carnivals shall pay Fifty Dollars ($50.00) addition for each day thereafter; 8. Carousel, merry-go-round, ferris wheel or seing, or any carnival attraction, not in connection with any amusement park, carnival, or circus, per day twenty-five dollars (25.00); 9. Entertainments or concerts, other than religious, charitable and those therwise exempted under state law, and not otherwise specified, per day - Twenty-five Dollars ($25.00); 10. Exhibitions or any type of concert or game not otherwise provided for, and where admission is charged, per day - Twenty-five Dollars ($25.00); 11. Ice cream vendor, as defined ehrein, for the first vehicle, so used twenty-five dollars ($25.00); and for each additional vehicle - Ten Dollars (10.00); Every licensee hereunder shall, at all times keep each motor car, vehicle and container used in his or its business, in a clean and sanitary condition, and all containers for the Licensing and Business Regulations Sec. 9-113 products and commodites offered for sale by the licensee, shall be kept securely covered or closed while in transit, so as to prevent contamination of the products or commodities, by dirt, flies, or insects. The person duly authorized by the city council, shall inspect once a week, each motor car, vehicle or container used by any licesee, and he shall revoke or suspend the license for any violations of the conditions; 12. Lunch-vending business, per vehicle - Twenty five Dollars ($25.00); for each additional vehicle - Ten Dollars ($10.00); If ice cream and lunches are both sold from the same vehicle, then only one licese shall be required; 13. Manufacturing agents or solicitors who store or distribute goods within the city, each per day - Twenty-five Dollars ($25.00); 14. Mechanical musical instruments, as defined herein, every operator of such machine shall pay an annual licnese fee, per each machine - Twenty-five Dollars ($25.00); It is unlawful for any person to have in his possession such machine, unless the same has attached to it a license card, showing the payment of the current year's license fee; 15. Medicine shows, or other shows or public exhibitions where merchandise is sold and advertised, or either, each per day - Fifty Dollars ($50.00); This section shall not apply to medicine shows or public exhibitions selling or advertising merchandise manufactured by a recognized, legitimate concern, and where the shows or public exhibitions for the sale or advertising of such merchandise, is sponsored by the merchandise is carried in stock by an established merchantile establishment in the city and where the mercantile houses participate in the profits of the sales or merchandise made at the show or public exhibition; 16. Merchant distributors, as defined hereon: a. Where fire (5) or less agents, solicitors or canvassers are employeed, per annum - Seventy-five Dollars ($75.00); b. Where not less than six (6) more more than ten (10) agents, solicitors or canvassers are employed, per annum - One Hundred Dollars ($100.00); or c. Where not less than elevan (11) agents, solicitors or canvassers are epmloyed, per annum - Two Hundred dollars ($200.00); The license shall set forth the number of agents, canvassers or solicitors, exclusiverly employed by such merchant distributors, and the number of each of the licenses issued, as it hereinafter provided, for the use of the agents, solicitors and canvassers of the merchant distributor. The city clerk shall issue to such merchant distribtor, without additional charge, a license for each agent, solicitor or canvasser, exclusiverly employed by such merchant distributor, such license to be made to bearer, agent, canvasser, or solicitor for the merchant distributor, under whose license they are issued, and shall entitle each holder thereof who is in the exclusive employment of the merchant distributor named herein to travel from house to house for the purpose of selling, distributing, or taking orders for the sale of goods, wares and merchadise of every kind and character that is sold or distributed by the merchant distributor. No agent, Sec. 9-113 Licensing and Business Regulations Sec. 9-113 solicitor or canvasser shall be permitted to operate under the licenses issued to such agent, solicitor or canvasser who is not in the exclusive employment of the merchant distributor named therein; 17. Peddlers, as defined herein, or any person peddling any goods, wares or merchadnise, whether on foot or in vehicle, not otherwise provided for herein each per day - Ten Dollars ($10.00); each per year - One Hundred Dollars ($100.00). The payment of license fees shall be waived to any person selling, demonstrating, or exhibiting any of the goods, wares or merchandise which are the product of his own labor and skill, and to the production of such article. Payment of license fees shall be waived to persons selling, demonstrating, or exhibiting any of the goods, wares, or merchandise mentioned herein who are over sixty (60) years of age, and who have been residents of the city for a period of at least one year preceding the making of application for a license, and linces shall be issued to such person free of charge upon satisfactory proof by affidavit as to age and the length of residence. No license shall be issued to minotrs under the age of fifteen (15) years. 18. Pictures: a. Each person, whether on foot or in vehicle, traveling from house to house, taking pictures for the purpose of sale, taking orders or giving coupons for pictures or photographic views, each per month - Twenty-five Dollars ($25.00); or b. Each person who, upon the streets and sidewalks of the city, operates any type of camera, taking pictures for the purose of sale, shall pay an annual license fee in advance of Seventy-five dollars ($75.00); 19. Street exhibition, not otherwise provided for, per day - Fifty Dollars ($50.00); 20. Astrologers, clairvoyants, mediums, phrenologists, spritualists (who practice for profit) - Five Hundred Dollars ($500.00); 21. Merchants, wholesale - Fifty Dollars ($50.00); 22. Merchants, retail - Fifty Dollars ($50.00); 23. Barbershops/hair styling salons - Fifty Dollars ($50.00); 24. Cafes, restaurants, fast food establishments - Fifty Dollars ($50.00); 25. automotive supplies and/or repair - Fifty Dollars ($50.00); 26 Hotels/motels/boarding houses - Fifty Dollars ($50.00); 27. Photography studios - Fifty Dollars ($50.00); 28. Laundries/drycleaners - Fifty Dollars ($50.00); 29. Insurance agencies - Fifty Dollars ($50.00); Sic. 9-113 Licensing and Business Regulations Sec. 9-113 30. Theaters, bowling alleys, recreati ®n centers, skating rinks - Fifty Dollars ($ 50. 00); 31. Repair shops, all kinds - Fifty Dollars ($50.00); 32. Funeral homes - Fifty Dollars ($50.00); 33. Pest control/exterminators - Fifty Dollars ($50.00); 34. Bingo games - Fifty Dollars ($50.00); 35. Rental of equipment or vehicles - Fifty Dollars ($50.00); 36. Mobile home sales and/or supplies - Fifty Dollars ($50.00); 37. Machine shops - Fifty Dollars ($50.00); 38. Day care center, day dursery, kindergartens - Fifty Dollars ($50.00); 39. Upholstering shops - Fifty Dollars ($50.00); 40. Car wash - Fifty Dollars ($50.00); 41. Banks/savings and loan associations - Fifty Dollars ($50.00); 42. Newspaper publishers/printers - Fifty Dollars ($50.00); 43. Veterinary hospitals - Fifty Dollars ($50.00); 44. Health spas - Fifty Dollars ($50.00); 45. dance studios - Fifty Dollars ($50.00); 46. storage warehouses - Fifty Dollars ($50.00); 47. Miniature golf, driving range, archery range - Fifty Dollars ($50.00); 48. Moving and trucking firms -Fifty Dollars ($50.00); 49. Nursing homes - Fifty Dollars ($50.00); 50. Medical clinics - Fifty Dollars ($50.00); 51. Manufacturers - retail/wholesale Fifty Dollars ($50.00); 52. Landscaping/mowing - Fifty Dollars ($50.00); 53. Piano turners - Fifty Dollars ($50.00); 54. Training cetner/schools - Fifty Dollars ($50.00); 55. Utility companies - Fifty Dollars ($50.00); 56. Entities, individuals, associations or corporations rendering services for profit - Fifty Dollars ($50.00). Sec. 9-113 Licensing and Business Regulations Sec. 9-113 C. For the purpose of this section, the following terms shall have the meanings respectively ascribed to them in this subsection: 1. "Amusement machine" means any type of amusement machine, device or instrument which is operated by the insertion of any coin, toke, slug or other instrumentality for the purpose of playing the same, and which shows pictures, provides any game of skill, or furnishes any type of entertainement or amusement; 2. "Amusement Park" or "pleasure resort" means any place where concessions are operated, sold, or rented for hire, or where any admission charge is made for any amusemet or recreation therein; 3. "Carnival" means any public exhibition featuring music, pavilions, merry-go- rounds, ferris wheels, drink stands, scenic railroads, roller coasters, shooting gallery, midway, or any other similar amusement for which an admission is charged; 4. "Ice cream vendor" means the business of vending at retail ice cream or any frozen commodities by the use of any kind of a vehicle; 5. "mechanical musical instrument" means a musical instrument of any kind or character which is operated by the insertion of any coin, token, slug, or other instrumentality, for the purpose of playing same; 6. "Merchant distributor" means any person, firm or corporation engaged in the business of selling, taking orders for or distributing any goods, wares, merchandise, household goods or utilities of any character, whatsoever, from any store room, sales room or warehouse, located within the city, using canvassers, or agents traveling from house to house, for the purpose of selling, distributing or taking orders for the sale of their products; and 7. "Peddler" means any person who sells any goods, wares or merchandise by pedding, walking or traveling from place to place, using the streets, sidewalks, alleys, parking, enterances to bulidings, vacant lots, or enterances to lots, or any of them, to exhibit, demonstrate or sell his merchandise.