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Home My Public Portal AboutORD 233-08-19_Amend 4-1-1 of City Code_08202019ORDINANCE NO. 233-08-19 AN ORDINANCE OF THE CITY OF IONA, 1DAHO; AMENDING SECTION 4-1-1 OF THE IONA CITY CODE; CLARIFYING THE REQUIREMENT FOR A BUSINESS LICENSE; AMENDING SECTION 4-1-4 OF THE IONA CITY CODE; CLARIFYING REQUIREMENTS OF AN APPLICATION FOR A BUSINESS LICENSE; PRESERVING PRIOR ORDINANCES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. Amendment of Section 4-1-1 of the Iona City Code. Section 4-1-1 of the Iona City Code is amended as follows: 4-1-1: LICENSE REQUIRED. al Definitions. The following words and phrases when used in this Section shall have, unless the context clearly indicates otherwise, the following meanings: BUSINESS: Any industry, vocation, occupation, trade, profession, or craft. u CLERICAL BUSINESS: A Business that is (a) a Home Occupation, as defined in Section I 1-1-5 of this Code, and (b) regardless of the nature of the underlying Business conducted, only uses one building for office, clerical, planning, file storage, or similar uses �3Z REGULAR SERVICE BUSINESS: A Business that provides services, documents, or intangible products. SMALL SERVICE BUSINESS: A Regular Service Business that is (a) a Home Occupation, as defined in Section 11-1-5 of this Code, and (b) is physically visited at its location by fewer than ten individuals (regardless of whether such individuals are employees, vendors, customers, clients, or otherwise) per calendar month. Page I of 4 Instrument tt 1617578 Bonneville County Idaho Falls, Idaho 08/27/d019 01:25:39for: CITY OF IONA No. of Pages: /4 RecordePenny Mannino Fee: $0.00 G Index to: ORDINANCE Deputy LSI u REGULAR MERCHANDISING BUSINESS: SMALL MERCHANDISING BUSINESS: u MANUFACTURING BUSINESS: ($Z INDUSTRIAL BUSINESS: A Business that buys and sells products without changing the form of the products. A Regular Merchandising Business that is fa) a Home Occupation. as defined in Section 11-I-5 of this Code. and (b) is physically visited at its location by fewer than ten individuals (regardless of whether such individuals are employees. vendors, customers. clients. or otherwise) per calendar month. A Business that consists only of one or more uses that are light industrial (as defined in Title I I of this Code). A Business that consists only of one or more uses that are heavy industrial (as defined in Title 1 I of this Code). General Requirement. No person shall operate, conduct, or engage in any industry; business within the City this-Titae-without first obtaining an-epprepeiate license from the City. Licenses shall be issued upon payment of the fees specified in this Title, upon the applicant's compliance with the applicable provisions of this Title, and upon approval of the City Council. n Exceptions. Notwithstanding Subsection (B), above. no Business shall be required to obtain a business license if it: in is a sole proprietorship: u is not subiect to any of the other Chapters of this Title. and al is either: (a) a Clerical Business. (b) a Small Service Business. or (c) a Small Merchandising Business. u Nature of Business License. All licenses shall be a personal privilege of the holder. Except as expressly provided in this Title, a license shall become null and void if the holder ceases to personally supervise, conduct, and operate the trade-OP-b$usiness for which the license has been issued. Unless otherwise provided in this Title, no license fee or any part thereof may be refunded even though the licensee does not operate for the period or any portion of the period for which the license was issued. LEI Enforcement. The failure to obtain a business license when one is required is an infraction. Page 2 of 4 Section 2. Amendment of Section 4-1-4 of the Iona City Code. Section 4-1-4 of the Iona City Code is amended as follows: 4-1-4: APPLICATION FOR LICENSE. Any person desiring to obtain any license provided for in this Title shall first apply in writing under oath to the City Council. The application together with the license fee shall be delivered to the City Clerk. The City Clerk shall prescribe the form of the application. The application shall contain the following information: (A) Applicant's full name, form of doing business, (i.e. sole proprietorship, partnership or corporation) and the name under which the business is to be conducted; (B) Applicant's state of residence and principal place of business; (C) Applicant's business and residential mailing addresses and telephone numbers; (D) The street address within the City where each place of business is to be conducted; (E) The nature of the business to be licensed; (F) The number of years the applicant has engaged in such business; (G) The zoning of the property on which the business will be conducted; (H) Whether the business is a Home Occupation and. if so. what category (as described in Section 11-11-12) of Home Occupation the business is. along with the reasons for Applicant's asserted categorization; and (141) Any other information required by this Title or by the Clerk in order to determine the applicant's fitness or qualifications for the license. The City Clerk shall forward a copy of each business license application to the Chief of Police, the Fire Chief, the Director of Planning and Building and the State of Idaho Department of Health, as applicable, and other appropriate City Division Directors for their review and recommendation. Section 3. Methodology. Text that is underlined in the preceding sections means new text added to the former Ordinance or City Code Section, and text that is stricken through means text that is being deleted from the former Ordinance or Code Section. Text that is moved from one location in the former Ordinance or Code Section to another location is similarly shown as underlined text, being stricken through in its prior position. Page 3 of 4 Section 4. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 5. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this dac of August, 2019. Dan Gubler Mayor ATTEST: Ke rt j.W est•(4)a— ...� City, Clej)c S'I7+(TE.OF IDAHO ) )ss. County of Bonneville ) 1, KERI WEST, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, "AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTION 4-1-1 OF THE IONA CITY CODE; CLARIFYING THE REQUIREMENT FOR A BUSINESS LICENSE; AMENDING SECTION 4-1-4 OF THE IONA CITY CODE; CLARIFYING REQUIREMENTS OF AN APPLICATION FOR A BUSINESS LICENSE; PRESERVING PRIOR ORDINANCES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE." eri West City Clerk .,.A.,.o,.,,0...,,,sitd.rn,..,_.,. tattO....- Page 4 of 4