| ITEM #: 15. DATE: 04/29/2024 AI #:1982 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | AMEND ARTICLE 8-7 BUSINESS REGISTRATION PERMITS
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| STAFF PRESENTER(S): | Roric Massey, City Attorney |
SUMMARY
This amendment to Article 8-7 of the Goodyear City Code will require all persons conducting business within the City of Goodyear to obtain a business license prior to commencing any business operations within the city. The amendment provides for enforcement and penalties for non-compliance as well as exemptions to obtaining a business license.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
ADOPT ORDINANCE NO. 2024-1608 AMENDING ARTICLE 8-7 BUSINESS REGISTRATION PERMITS, PROVIDING FOR CORRECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES, AND AN EFFECTIVE DATE. (Roric Massey, City Attorney)
FISCAL IMPACT
There is no direct budget impact associated with the approval of this text amendment. The current fee for a business registration permit will remain the same for the business license. Any costs associated with enhanced administration will be included as a part of the fiscal year 2025 budget.
BACKGROUND AND PREVIOUS ACTIONS
Currently, the City of Goodyear requires every person conducting business within the city to register a business with the city and obtain a business registration permit. The amendment to Article 8-7 will change the current process to require all businesses conducting business within the city to obtain a business license prior to commencing any business operations within the City of Goodyear. The change from a business registration permit to a business license is needed because a business registration permit is a catalogue of each business but a business license is the City giving permission to conduct business within city limits, and without such permission the business being conducted is unlawful.
All currently issued business registration permits expire each calendar year and must be renewed on or before December 31 of each year. Every person that has been issued a valid business registration permit by the city shall be allowed to continue to operate as if they have been issued a business license until such business registration permit expires and shall submit an application to the city to renew any business registration permit as a business license on or before December 31, 2024.
The amendment to Article 8-7 shall require any person engaged in any business within the city to first obtain a business license by applying to the city for a business license and paying a fee. The City shall review the application and conduct any needed inspections of the business property. Certain activities or institutions shall be exempt from obtaining a business license including federal, state, or municipal governments, religious institutions, public schools, those with city franchise agreements or telecommunication license agreements, and any person or business exempted by state law from obtaining a business license.
After being issued a license, the business must display their license at a fixed location within the city at all times or to carry their license with them if there is no fixed location. City police officers and code compliance officers shall have the authority to inspect the business at reasonable times and require the operator of the business to produce their license upon demand.
The amendment to Article 8-7 allows a business license to be suspended or revoked for City Code violations and the business must cease all operations once the license is suspended or revoked. The City may impose fines for non-compliance under the amendment to Article 8-7 and every person that violates a provision may be pursued civilly or criminally.
All currently issued business registration permits expire each calendar year and must be renewed on or before December 31 of each year. Every person that has been issued a valid business registration permit by the city shall be allowed to continue to operate as if they have been issued a business license until such business registration permit expires and shall submit an application to the city to renew any business registration permit as a business license on or before December 31, 2024.
The amendment to Article 8-7 shall require any person engaged in any business within the city to first obtain a business license by applying to the city for a business license and paying a fee. The City shall review the application and conduct any needed inspections of the business property. Certain activities or institutions shall be exempt from obtaining a business license including federal, state, or municipal governments, religious institutions, public schools, those with city franchise agreements or telecommunication license agreements, and any person or business exempted by state law from obtaining a business license.
After being issued a license, the business must display their license at a fixed location within the city at all times or to carry their license with them if there is no fixed location. City police officers and code compliance officers shall have the authority to inspect the business at reasonable times and require the operator of the business to produce their license upon demand.
The amendment to Article 8-7 allows a business license to be suspended or revoked for City Code violations and the business must cease all operations once the license is suspended or revoked. The City may impose fines for non-compliance under the amendment to Article 8-7 and every person that violates a provision may be pursued civilly or criminally.
STAFF ANALYSIS
Currently. city code requires a person to obtain a business registration permit rather than a business license. The amendment to Article 8-7 requires anyone operating a business within city limits to obtain the city’s permission to conduct business by receiving a business license. A business license requirement is necessary in order to allow the city to impose penalties for unlawful operation of a business and impose fines for non-compliance.
Staff recommends the adoption of Ordinance No. 2024-1608 amending Article 8-7 of Goodyear City Code.
Staff recommends the adoption of Ordinance No. 2024-1608 amending Article 8-7 of Goodyear City Code.