DENALI BOROUGH, ALASKA

INTRODUCED BY:Assembly member Jerry Mueller

 

ORDINANCE:01-07

VERSION A

 

AN ORDINANCE AMENDING THE DENALI BOROUGH CODE OF ORDINANCES, ADDING CHAPTER 22, PERTAINING TO BUSINESS LICENSES.

 

 

TITLE III.REVENUE AND FINANCE

 

CHAPTER 22.

 

BUSINESS LICENSES

 

 

Sections:

Section 1.License Required.

Section 2.Renewal and Duration.

Section 3.Regulatory Provisions.

Section 4.Fee.

Section 5.Borough Mayor Regulation Promulgation Authority.

Section 6.Unlawful Attempts.

Section 7.Falsifying Returns.

Section 8.Penalties.

Section 9.Alaska Statutes; Procedures.

 

 

Section 1.License Required.

 

††††††††††† (A)††††† When establishing a business in the Denali Borough, a person shall first apply to do so, and pay the license fee provided in Denali Borough Ordinance.A license issued to a firm for a particular line of business covers all its operations in the Denali borough in the line of business regardless of the number of its establishments.

 

††††††††††† (B)††††† The borough business license must be prominently displayed at the place of business of every seller; any seller who has no regular place of business shall display the license upon request.When a business has more than one location, each location shall be listed on the license.The original license shall be displayed at the main location and a copy of the license displayed in each branch location.If the business is continued at the same location but there is a change in its form of organization, such as from a single proprietorship or a corporation, the admission or withdrawal of a partner, or any other change, the seller making the change shall surrender his old borough business license to the borough for cancellation.The successor seller shall file a new application for a borough business license, and upon receipt of a proper application properly executed, a new borough business license will be issued to the successor seller.When there is a change of location for the sellerís place of business, a new business license is required showing the new address.

 

 

Section 2.Renewal and Duration.

 

††††††††††† (A)††††† Application for renewal of a license and payment of the initial fee shall be made before April 1 of each year after 2001.For 2001, the application and payment of the initial fee shall be made before May 1, 2001.

 

††††††††††† (B)††††† No license may be issued for a period extending beyond the end of the calendar year in which it is issued.

 

††††††††††† (C)††††† Newly established businesses applying for a borough business license after December 1 of each year will be issued a business license for the following calendar year.

 

 

Section 3.Regulatory Provisions.

 

††††††††††† A person engaging in a business subject to licensing provisions of a regulatory nature must, in addition to filing a regular application required by this chapter, comply with any other or additional regulatory provisions before being entitled to a license.

 

 

Section 4.Fee.

 

††††††††††† Effective January 1, 2001, the license fee for each business shall be $10 for the calendar year or any part thereof.

 

 

Section 5.Borough Mayor Regulation Promulgation Authority.

 

††††††††††† The Borough Mayor may take any action necessary or appropriate to the implementation of this chapter by promulgation of regulations which may include the adoption of forms.Such regulations or any proceedings adopted by the Mayor are effective at the time indicated.

 

 

Section 6.Unlawful Attempts.

 

††††††††††† (A)††††† It is unlawful for a person to:

 

††††††††††††††††††††††† (1)†††††† willfully evade the licensing provisions of this chapter;

 

(2)†††††† fail to make an application for license or fail to keep or produce any records required hereunder or by regulation;

 

††††††††††††††††††††††† (3)†††††† to defraud the borough or evade payment of the fee; or

 

††††††††††††††††††††††† (4)†††††† aid or abet another in an attempt to evade payment of the fee.

 

 

Section 7.Falsifying Returns.

 

††††††††††† It is unlawful for an individual, executive officer or agent of a corporation or other legal entity or agent of a person to make or permit to be made for his principal a false return or false statement in answer to an inquiry from the Mayor or his designee with intent to evade the payment of the fee or to comply with the provisions of this chapter.

 

 

Section 8.Penalties.

 

††††††††††† A person who violates any provision of this ordinance, or any regulation adopted pursuant thereto, is subject to a fine and infraction in an amount to be established by the Mayor, which fine in no case shall exceed $500.00.

 

 

Section 9.Alaska Statutes; Procedures.

 

††††††††††† In this chapter, unless the context otherwise requires and insofar as applicable the definitions set forth in AS 43.70.110 shall be used, together with the procedures, powers, rules and regulations set out in or adopted by virtue of AS 43.05.040, 43.05.090 and 43.70.020 as now in effect or hereafter amended or adopted, so that the Mayor shall be empowered to use such procedures, powers, rules and regulations which are hereby incorporated by reference and have effect as though fully set out herein, unless or until the Mayor, with assembly approval, adopts specific regulations in place of them conformable with this chapter.

 

Section 10.Effective Date.This ordinance becomes effective upon its adoption by the Denali Borough Assembly.

 

 

Date Introduced:July 8, 2001

First Reading:July 8, 2001

Public Hearing:______________________

 

 

Passed and Approved by the Denali Borough Assembly this ____ day of _______, 2001.



 

 

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