ORDINANCE NO. 2017-02
AN ORDINANCE AMENDING THE RULES AND PROCEDURES FOR OBTAINING AND ENFORCING OCCUPATIONAL LICENSES And DECLARING AN EMERGENCY
WHEREAS, the City of Clinton desires to amend Ordinance 2015-07 which provides for regulating the obtaining of a business license to do business in its corporate limits to protect its citizens and to provide for an orderly manner to do so, it hereby amends 2015-07, and to the extent any conflicts exist between this ordinance and 2015-07 or any other ordinance, [that] those are hereby repealed, the City establishes this ordinance;
Section 1. LICENSE REQUIRED
A license shall be required of any person, firm, individual or corporation who shall in a brick and mortar setting or as a transient business, engage in, carry on, or follow any trade, business, profession, vocation or calling, within the corporate limits of the City of Clinton.
Section 2. LIABILITY
Any person, partnership, corporation or other entity shall be subject to the requirements of this chapter if by himself or through an agent, employee or partner he holds himself forth as being engaged in a business or occupation; or solicits patronage therefore, actively or passively; or performs or attempts to perform an part of such business or occupation in the city.
Section 3. EACH BUSINESS
Any person, partnership, corporation or other entity having more than one place of business within the city shall obtain a license for each place of business. For the purpose of construing this chapter, more than one place of business shall mean any business operations conducted within two (2) or more separate buildings or upon two (2) or more separate tracts of real estate.
Section 4. APPLICATION
Applications for all licenses required by this chapter shall be made in writing to the City Clerk. Each application shall state the name of the applicant, the location to be used, if any, the time covered, and the fee to be paid; and each application shall contain a copy of state sales tax permit, health department permit if applicable, and any such additional information as may be needed for the proper guidance of the city officials in issuing the license applied for. Each license issued shall bear the signature of the City Clerk and/or Mayor. All application required hereunder shall be kept and filed by the City Clerk.
Section 5. FEES
All fees and charges for licenses shall be paid at the time application therefore is made to the City Clerk. All license fees shall become part of the city general fund under the Economic Development line item.
Section 6. ZONING REGULATIONS
No license shall be issued for the conduct of any business, if the premises and building to be used for the purpose do not fully comply with the requirements of the city. No such license shall be issued for the conduct of any business or performance of any act, which would involve a violation of the zoning ordinances of the city. Inspection by City Code Official is required prior to issuing of any license or opening of the location for business. A certificate of occupancy is required and will be issued if building and location are in compliance.
Section 8. CHANGE OF LOCATION
The location of any licensed business or occupation, or of any permitted act, may be changed, provided ten (10) days of notice therefore is given to the City Clerk, in the absence of any provision to the contrary; provided that the building, zoning, and other ordinances of the city are complied with. All requirements of this ordinance must be followed for the new location.
Section 9. TRANSFERRING
A license issued under this chapter shall not be transferable.
Section 10. NUISANCE
No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact; nor in violation of any ordinance of this city or state law.
Section 11. INSPECTION
Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required by ordinance, or are reasonably necessary to secure compliance with any ordinance provision or to detect violation thereof, it shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit thereto, for the purpose of making the inspection, any officer or employee of the city who is authorized or directed to make such inspections at any reasonable time admission is requested. Before opening of any new business, inspections by the City Code Official is required, and the issuing of a Certificate of Occupancy must be issued prior to the opening of any new business.
Section 12. POSTING
It shall be the duty of any person conducting a licensed business in the city to keep his license posted in a prominent place on the premises used for such business at all times. The holder of a license shall show the license to any officer or agent of the city upon request.
Section 13. SCHEDULE
Any person, partnership, corporation, limited liability company, and other business entity who shall engage in, carry on, operate a trade, business, profession, or vocation of any kind within the corporate city limits of the City of Clinton shall pay a license fee of $25.00 and for each year thereafter, may pay an annual voluntary renewal fee of $25.00. The Clinton City Council may designate a portion of the monies derived from license fees to be used to promote the City of Clinton to attract new business. Each person shall procure said occupational license and pay the fee required within (3) days of the date of January 1st of each year or in the event of a person entering into business at any time after this date, said person shall procure the license and pay the fee required before the business is commenced. The same fee of $25.00 will be required regardless of the date the business begins throughout the year.
Section 14. EFFECTIVE DATE
This amended ordinance will be in effect immediately upon passage by the City Council. All existing business in operation at the time of passage will be grandfathered in, but must secure a business license within 90 days of passage of said ordinance, with NO FEE REQUIRED. The voluntary fee for existing businesses will begin on January 1, 2018 at the renewal date and every year thereafter for as long as they engage in business in the City of Clinton. All new businesses that are started during 2017 must secure a license as deemed necessary by this ordinance and meet all requirements therein with a fee of $25.00 due before beginning operation of said business.
Section 15. EMERGENCY CLAUSE
Because of the potential for unsafe and/or unsanitary products and for all other reasons of the safety and health of its citizens and others, an emergency is hereby declared. The aforementioned concerns constitute a public hazard which threatens both citizens and property; THEREFORE, and emergency is hereby declared to exist and this ordinance, being necessary for the immediate preservation of the public, health, safety, and welfare, shall be in full force and effect from and after its passage and approval.
PASSED May 11, 2017
Richard McCormac, Mayor
Dena R. Malone, Recorder/Treasurer
1. What does the Occupational License Ordinance mean for my business?
The business registration process is intended to help regulate & protect the safety and credibility of our business community, as well as to maintain accurate local information.
The city of Clinton maintains a current list of all active business establishments within the city limits. This includes brick & mortar businesses, service providers, vendors, and any other commercial establishments. The details on this list are obtained from the occupational licenses & yearly license renewals.
This list is maintained by the city as a source of accurate information in the event of emergency and disaster, as required by local & state regulations. This list is also published online as a reference for the public.
How are the Business License funds used?
The fees collected from payment of city business licenses are applied to the ECONOMIC DEVELOPMENT line item of the City’s General Fund. This means your money goes directly to support activities designed to provide benefits to local businesses, attract more businesses to the area, and encourage a healthier business environment.
After the first year of operation, your business qualifies for VOLUNTARY registration. This means you will NOT be required to pay a renewal fee for your business. If you choose to renew your business license as a voluntary expense, your fee will be specifically used as part of the city’s contributions towards local marketing, municipal improvements, parks & recreation activities, festivals, and more.
2. Applying for a License
As of May 11, 2017, any NEW business venture opening within the Clinton city limits is required by law to register with the City and pay a mandatory license fee of $25.00.
To apply for a business license, please print the PDF form below and bring a completed copy to City Hall at 197 Court Street, Downtown Clinton. Questions? Call (501) 745-8110 if you would like assistance.
The Business License is valid for the term of one (1) calendar year, beginning January 1, at an annual cost of $25.00. This initial fee is REQUIRED upon registration and VOLUNTARY for renewing businesses (see BELOW).
Your business requires a Certificate of Occupancy before opening. In order to receive this, your business site must pass inspection by the local zoning official before being approved to do business in the city of Clinton. You must also present evidence that your business has passed other applicable inspections, including health inspections, that are required by law to conduct business.
The business license must be displayed prominently on site.
For a business having multiple locations within the city limits, each location is required to register separately.
3. Renewing/Updating your License
As of MAY 11, 2018, any PRE-EXISTING businesses within the Clinton city limits MUST OBTAIN A BUSINESS LICENSE WITHIN 90 DAYS OF THE ORDINANCE.
As of JANUARY 1, 2018, a pre-existing business is NOT required to pay the voluntary $25.00 license renewal fee. You will be grandfathered into the city’s business registry at no additional cost. You are still required to provide pertinent changes to the registration status of your business.
You may request updates to your business registration person at City Hall, or update your registration online at MyBiz.
Submit changes to your business quickly & conveniently using this online form:
Note: This form is for updates of existing business registrations only.