Business Registration Ordinance

13-1-1 Short Title.

This article may be cited as the "Business Registration Ordinance."

('74 Code, 10-14-1) (Ord. 53-1981)

13-1-2 Definitions.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Person. Any individual, male or female, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate, or other entity engaging in a business, profession, occupation, trade, pursuit or activity.

Engaging in Business. Persons operating, conducting, doing, carrying on, causing to be carried on, or pursuing any business, profession, occupation, trade, pursuit or activity for the purpose of profit and who are required to obtain a New Mexico Taxpayer Identification Number.

Initial Registration Adjustment Period. A 12-month period of time during which the city may prorate the business registration fee by monthly increments for the purpose of developing a staggered system of business registration.

Place of Business. The premises, whether it be a personal residence, main business location or an outlet, branch or other location thereof, temporary or otherwise, to which the public is expressly or impliedly invited for the purpose of transacting of business. In the event there is no such location, but the business is transacted at the location of the buyer, then the general sales area shall be considered a "Place of business". Unless a construction contractor has at least one permanent location within the city, "Place of business" includes a construction site, located therein.

Mayor. The Mayor or his designated representative.

('74 Code, 10-14-2) (Ord. 53-1981; Am. Ord. 42-1988; Am. Ord. 60-1993)

13-1-3 Imposition of Fee.

There is imposed on each place of business located in the city an annual Business Registration Fee of $35 for each consecutive 12 month period. The fee is imposed pursuant to Section 3-38-3 NMSA 1978 as it now exists or is amended and shall be known as the "Business Registration Fee". In order to operate a more uniform system of business registration, the city may prorate the business registration fee by monthly increments during the initial registration adjustment period. After the initial registration adjustment period, renewals of business registration shall be for a full 12-month period. Other than during the initial registration adjustment period, the business registration fee shall not be prorated for business conducted for a portion of the year.

('74 Code, 10-14-3) (Ord. 53-1981; Am. Ord. 42-1988; Am. Ord. 60-1993; Am. Ord. 17-1994)

13-1-4 Exemption.

No Business Registration Fee shall be imposed on any business which is licensed under city ordinance or otherwise exempted by law. No Business Registration Fee shall be imposed on any sanctioned and registered athletic official who officiates for any association or organization which regulates any public school activity and whose rules and regulations are approved by the State Board of Education.

('74 Code, 10-14-4) (Ord. 53-1981; Am. Ord. 42-1988)

13-1-5 Application to do Business.

All persons proposing to engage in business within the municipal limits of the city shall apply for and pay a Business Registration Fee for each outlet, branch, location, or Place of Business within the municipal limits of the city prior to engaging in business.

('74 Code, 10-14-5) (Ord. 53-1981; Am. Ord. 42-1988)

13-1-6 Renewal.

Prior to the expiration of the business registration, any person with a place of business in the city and subject to this article shall apply to renew the business registration and shall pay an annual fee of $35 for each place of business to the City Treasurer's Office.

('74 Code, 10-14-6) (Ord. 53-1981; Am. Ord. 60-1993; Am. Ord.17-1994)

13-1-7 Late Fee.

There shall be imposed upon each delinquent registration fee, a late fee in the amount of $10 in the event a new business does not pay the registration fee before it commences business or the annual renewal fee is not paid prior to expiration.

('74 Code, 10-14-7) (Ord. 53-1981; Am. Ord. 42-1988; Am. Ord. 17-1994)

13-1-8 Application.

Any person filing for issuance or renewal of any business registration shall include in the application his current Taxpayer Identification Number or evidence of application for such current Taxpayer Identification Number as issued by the New Mexico Taxation and Revenue Department and any other information required by the Mayor.

('74 Code, 10-14-8) (Ord. 53-1981; Am. Ord. 42-1988)

13-1-9 Zoning Notification.

(A) Upon acceptance of an initial business registration application for a given business, the Mayor shall convey the application to the Zoning Enforcement Officer. Upon its review by the Zoning Enforcement Officer as to legality under Chapter 14, Article 16, Zoning Code, of the activity proposed to be conducted at the given address, a statement as to the determination or questions which need to be resolved before a determination can be made shall be appended to the Business Registration Receipt prior to its delivery to the applicant.

(B) Upon issuance of a renewal of a Business Registration Receipt for a new location, the Mayor shall send a copy to the Zoning Enforcement Officer.

(C) All Business Registration Receipts shall prominently display a disclaimer stating the facts that registration with the city is not a license to conduct business within the city and does not constitute a waiver of any requirement or provision contained in any law and that the activity proposed to be conducted at any location should be approved by the City's Zoning Enforcement Officer prior to the conduct of such activity.

('74 Code, 10-14-9) (Ord. 32-1992)

13-1-10 Enforcement.

This article may be enforced by misdemeanor citation to State Metropolitan Court, and appropriate legal or administrative action brought to prevent the conduct of business; restrain, correct, or abate the violation of this article; to prevent the occupancy of a building, structure, or land on which the business is located; or to withhold the issuance of permits or inspections as appropriate. In addition, the Business Registration Fee may be collected by suit in Metropolitan or District Court. The municipality may institute any appropriate action or proceeding as provided for herein any time up to four years after the violation.

('74 Code, 10-14-10) (Ord. 53-1981; Am. Ord. 42-1988; Am. Ord. 32-1992)

13-1-99 Penalty.

Any person convicted of a violation of any provision of this article shall be guilty of a misdemeanor and shall be subject to the penalty provisions set forth in 1-1-99 of this code of ordinances. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

('74 Code, 10-14-11) (Ord. 53-1981; Am. Ord. 42-1988; Am. Ord. 32-1992)