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ORD NO 30-1974 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO -3O -1974 AN ORDINANCE TO REQUIRE A PRIVILEGE LICENSE, CONSTRUCTING TERMS, SCHEDULE or LICENSES, PROVISIONS FOR DUAL BUSINESS, ,i SEMIANNUAL PAYMENTS, MAKING LICENSES NON- TRANSFERABLE, PROVIDING FOR DISPLAY OF LICENSES, PENALTIES FOR VIOLATION, SAVING CLAUSE, AND DECLARING AN EMERGENCY. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS. SECTION. I. LICENSES REQUIRED: It shall be unlawful for any person, firm, individual or corporation, within the City limits of the City of Van Buren, Arkansas, to engage in, carry on or follow w any trades, businesses, vocation, professions or calling without first having procured from the City Clerk of said City of Van Buren, Arkansas, and having paid therefor the amount of License hereinafter mentioned and provided in this Ordinance for the privilege of engaging in, carrying on or following such trade, business, profession, vocation or calling in said City. SECTION II CONSTRUCTING TERMS: All general provisions, terms, phrases and expressions used in this ordinance shall be liberally constructed, in order that the true intent and meaning of the City Council of the City of Van Buren, Arkansas may be fully carried out. The term, "Average number of persons employed" shall mean, the average number of persons employed on the 15th day of each month the previous year or in the case of business not in operation entire previous year the average number of employees on the 15th day of each month' that the business were in operation' divided by the number of months they were in. operation. In. the case of a new business the estimated number of persons to be hired. The term, "Employee" shall mean any person actively engaged. in the affairs of the person, firm, individual or corporation, including the owner operator. SECTION: III. VARIOUS OCCUPATIONS: For convenience and to avoid repetioni under several items, the following schedules of licenses is hereby created and defined and called Schedules, "A" and "B" and herein referred to as Schedules "A" and "B The said licenses as fixed by this Ordinance under Schedule "A" and "8" shall be respectively as follows, to -wit: SCHEDULE "A" PROFESSIONAL OCCUPATIONS Each Professional Employee including the owner, Partners, etc. $50.00 Each Non Professional Employee working for a Professional or a group of professional employee in a partnership of corporation. $25.00 SCHEDULE "D" NON- PROFESSIONAL OCCUPATIONS Each non professional employee, including the owner, partne ;,etc up to 25 employees $25.00 plus Each additional employee from 26 up to 200 employees 510,00 plus Each additional employee over 200 employees 7.51] SECTION IV. SOLICITORS, PEDDLERS, HAWKERS AND ITINERANT MERCHANTS OR VENDERS. Each solicitors, peddlers, hawkers, and itinerant merchants or vendors, compling with Ordinance NO. 6 -1973 shall pay a privilege license of $2.50 per day for each person engaged in soliciting over the phone or making sales of delivery as the result of said call, up to $25.00 which would give them the privilege of engaging in such activities for one year. The owner or manager of the solicitors, peddlers, hawkers, and ininerant merchants or vendors shall file a Schedule "B" and indicate the days of operation and pay the license fees. SECTION V. DUAL BUSINESS= Be it further ordained that any person, firm or corporation engaged in two or more businesses, vocations, callings or professions enumerated in Section III and for which a license is required, the total number of employees shall govern. SECTION VI. AFFIDAVIT NECESSARY, SCHEDULE "A" AND "B It shall be the duty of the person applying for such license to render to the City Clerk a sworn statement to the average number of persons employed as per Section II of this ordinance, and such other and further proof as the City Clerk will demand to show the actual number of persons eng in said business or profession, and the City Clerk shall not be required to receipt for any money until such proof is furnished, provided that each person, firm or corporation having more than one place of business, each shall be considered a separate and distinct place of business, and assessed as provided in this Ordinance, but no person shall be assessed more than once. SECTION VII. SEMIANNUAL PAYMENTS: All annual licenses provided for under Section 1 to IV may be issued by the City Clerk for six (6) months period. All licenses shall be paid in full in advance annually on the first day of January of each year or within thirty (30) days thereafter unless a firm elects to buy one half year license in which case one half of said annual license shall be due on January 1 st. of each year or within thirty days thereafter, and one half of said annual license shall be due on July 1st. of each year or within thirty days thereafter. Fractional parts of either the first half of the year shall be charged for, from such date to June 30th, or December 31st., following as the case may be, and all licenses provided for in this Ordinance must be paid within thirty days after the date when same first become due. SECTION VII. NONTRANSFERABLE: No license issued under this Ordinance shall be transferred, exi>cpt from one location to another location, and no license shall be transferred in any event from one business to another. SECTION IX. DISPLAY: Each license shall be posted in a conspicuous place where such business or corporation is carried on and the holder of such license shall immediately show the same to any officer of the City upon being requested to do so. SECTION X. PENALTIES: Any person violating the provision; of this Ordinance will be subject to a fine not to exceed $25.00 provided, however, that each day a violation of this Ordinance continuos will constitute a separate offense for which amaximum fine will be $25.00 for the second and subsequent days of violation. SECTION XI. SAVING CLAUSE: If any section, sentence, sub- division or clause of this ordinance is for any reason held invalid or to be unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. SECTION XII. EMERGENCY: That due to the need to raise more revenue and to make our previlege licenses more uniform, and to have the same in effect January 1, 1975, an emergency therefore is declared and the Ordinance being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage, approval and publication. PASSED AND APPROVED THIS llth Day of November,` 1974. mayor Attested City Clerk 0