CHAPTER V. BUSINESS REGULATIONSCHAPTER V. BUSINESS REGULATIONS\Article 1. Licenses and Business Regulations

No person, firm or corporation, either as principal, officer, agent, servant or employee, shall conduct, pursue, carry on, or operate in the City, any business, trade, occupation or profession or render or furnish any service hereinafter specified, without first making application to the City Clerk for a license therefore, and paying the license tax hereinafter prescribed at the time said license is issued.

(C.O. No. 1063, Sec. 1, C.O. 28, Ord. 2326)

The license tax levied by the City Council shall be for all businesses, trades, professions and occupations to render or furnish any services conducted, pursued, carried on or operated within the limits of the City for each annual period unless a shorter time is specifically stated. All licenses shall be due and payable immediately upon the commencement of the business, trade, occupation or profession or rendering or furnishing any service for which the same are issued. The following taxes shall be as approved by the City Council, based on type of business: (a) Home Occupation within the City, (b) Renaissance Festival Businesses, (c) All Other Businesses in the City, and (d) All Other Businesses Not in the City.

(Ord. 2130; C.O. No. 25; C.O. No. 28; Ord. 2326; Code 2014)

In any case where a tax is specifically imposed upon a certain trade, occupation, business or profession by this Chapter and which trade, occupation, business or profession would be liable under some general provision of the ordinances of this City, if the specific provision herein were absent, then, and in that case, the tax shall be that specifically imposed.

(Ord. 1063, Sec. 3; C.O. No. 28; Ord. 2326)

(a)   Producers and Growers — No producer or grower, or his or her agents or employees, selling farm or garden products, or fruits grown within this State, in this City, shall be required to pay any license or occupation tax imposed by this Chapter and they are hereby exempted from the payment of any such license tax or the securing of any license.

(b)   Special Events — City‑sponsored or not‑for‑profit organization sponsored special events consisting of five (5) consecutive days or less are hereby exempted from the payment of any such license tax or the securing of any license.

(Ord. 1892, Sec. 1; C.O. No. 28; Ord. 2326)

This ordinance shall not be construed to amend, modify or repeal any of the rules and regulations of the businesses, trades, occupations or professions or rendering or furnishing any services provided for in any other ordinance of this City.

(Ord. 1063, Sec. 5; C.O. No. 28)

All licenses shall be issued for a term of 12 months from January 1st of each year, except those issued for shorter terms by the terms and conditions of the City code.

(Ord. 1063, Sec. 6; C.O. No. 28; Ord. 2326)

Every person making application for or receiving an annual license for a business carried on previously shall pay the full amount of the license fee set out in Section 5‑102. After January 31 of each year the annual license fee for a business not previously carried on or licensed in the City shall be prorated by calendar quarter but in no event shall the prorated fee be less than $25.

(Ord. 2130; C.O. No. 2; C.O. No. 28; Ord. 2326)

Any person desiring a license required by the provisions of this Chapter shall make application therefore to the City Clerk upon forms provided by the City for such purpose.

(Ord. 1078, Sec. 2; C.O. No. 28; Ord. 2326)

All licenses required by this Chapter shall be issued by the City Clerk upon payment of the proper tax levied therefore. Where other provisions of this code or ordinances of this City require the posting of bonds, carrying of insurance policies or other similar measures for the protection of the City or residents thereof, no license shall be issued until satisfactory proof has been presented to the City Clerk (or proper City officer designated in such provisions) showing that such requirements have been met and complied with in full.

(C.O. No. 6; Ord. 1063, Sec. 9; C.O. No. 28; Ord. 2326)

No license issued under the provisions of this Chapter shall be transferable or assignable.

(Ord. 1063, Sec. 10; C.O. No. 28; Ord. 2326)

Any person who shall engage in or carry on more than one (1) kind of business at the same place at the same time, shall be required to pay but one (1) license tax for all businesses in which he or she is engaged; provided, that the license tax paid shall be for the business or occupation upon which the highest tax is levied.

(C.O. No. 1063, Sec. 11; C.O. No. 28; Ord. 2326)

All persons doing business in a permanent location shall have their license conspicuously displayed in their place of business, and all persons to whom licenses are issued not having a permanent place are hereby required to carry their licenses with them, and any licensee shall present the license for inspection when requested to do so by any citizen or officer of the City.

(Ord. 1063, Sec. 12; C.O. No. 28; Ord. 2326)

Unless otherwise specifically provided all licenses issued under this Chapter shall expire on the last day of December next following the date of issuance thereof.

(Ord. 1063, Sec. 13, C.O. 28 & Ord. 2326)

Nothing in this Chapter shall be construed as to permit any licensee licensed under the provisions of this Chapter to violate any law of the United States, the State of Kansas, or any ordinances of the City of Bonner Springs, Kansas.

(Ord. 1063, Sec. 14; C.O. No. 28; Ord. 2326)

All licenses issued under this Chapter shall be signed by the City Clerk and the Clerk shall affix the corporate seal of the City thereto.

(Ord. 1063, Sec. 16; C.O. No. 28; Ord. 2326)

Any person, firm or corporation which shall conduct, pursue, carry on or operate within the limits of the City, any business, trade, occupation or profession or rendering or furnishing any service, for which a license or the payment of a license tax is required by this Chapter, or shall assist directly or indirectly in so doing in any manner or to any extent, either as owner or proprietor, or as an officer of any corporation, or as manager, superintendent, agent, servant, or employee of any person, firm or corporation after a license tax should have been paid or a license obtained to conduct, pursue, carry on, or operate such business, trade, occupation or profession or rendering or furnishing any service, shall be deemed to do so unlawfully, and for such violation of this code shall be punished as provided in Section 1‑116.

(Ord. 1063, Sec. 17; Code 1989; C.O. No. 28; Ord. 2326)

Any person, firm, partnership, association or corporation convicted of violating any of the provisions of this Chapter shall be deemed guilty of a public offense and subject to the general penalty provisions of 1‑116.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Chapter or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not effect the validity or effectiveness of the remaining portions of this Chapter or any part thereof.

(Ord. 2132)

Pursuant to the authority of Charter Ordinance No. 29, the City Clerk, Deputy City Clerk or any other City Employee as designated in writing by the City Manager shall have the authority to issue notices to appear for violations of this Chapter.

(Ord. 2353; C.O. No. 29)