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202632010028778 Received: 5/10/2010 3:57:38 PM Recorded: 05110/2010 04:10:08 PM Filed Recorded in Official Records of PAT O'BRIEN, 1 ORDINANCE NO. 20,263 PULASKI COUNTY CIRCUIT /COUNTY CLERK 2 Fees $45.00 3 AN ORDINANCE TO AMEND CHAPTER 17, ARTICLE II OF THE LITTLE 4 ROCK CITY CODE, REV. 1988; TO ADD AND MODIFY CERTAIN BUSINESS 5 CLASSIFICATIONS TO THE SCHEDULE OF BUSINESS LICENSE FEES; AND 6 FOR OTHER PURPOSES. 7 8 WHEREAS, each year new business classifications are added to the City Code to provide a more 9 precise and current schedule of business classifications; and 10 WHEREAS, the publication of the names of businesses which are delinquent in the payment of 11 assessed business license fees and the amounts owed is designed to increase compliance with the 12 requirements of this code; and 13 WHEREAS, the current business license ordinance provides for the collection of only one (1) year in 14 arrears, plus the current year for delinquent accounts, while Arkansas state law provides for the 15 collection of delinquent accounts for up to three (3) years in arrears plus the current year; and 16 WHEREAS, a small percentage of businesses in the City engage in multiple business activities at the 17 same location; and 18 WHEREAS, the current business license classifications regarding real estate distinguish between 19 corporations leasing or owning property and individuals leasing or owning property; and 20 WHEREAS, a recently formed Business License Review Committee has reviewed the business 21 license classifications and fee schedules and has approved the recommended modifications and 22 administrative changes to the current business license ordinance. 23 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 24 OF LITTLE ROCK, ARKANSAS: 25 Section 1. Section 17 -41 of the City of Little Rock Revised Code of 1988 is hereby amended to read 26 as follows: ♦. ° °`'�����tRC "''' [PAGE 1 OF 7]� Ordinance 2010 Business License amendments Gam'!/ „ , t.:* \�j� ♦♦� SNP, 1I!I R1110 I Sec. 17 -41. Persons engaging in multiple businesses — Responsibility for licensing; 2 fees. 3 (c) When more than one business activity is engaged in at the same location 4 and the business activity falls into a classification other than that for which 5 the original business license was issued, the business shall pay the higher of 6 the classifications. 7 Section 2. Section 17 -46 of the City of Little Rock Revised Code of 1988 is hereby amended to read 8 as follows: 9 Sec. 17 -46. Delinquent license; penalty and disclosure. 10 (a) (1) If the business license provided for in this article is not paid within thirty 11 (30) days after such becomes annually due, it is hereby declared as 12 delinquent and a penalty of ten (10) percent will be added to the total 13 outstanding balance; 14 (2) In the event the license is not paid within sixty (60) days, an additional 15 ten (10) percent penalty will be added to the total outstanding balance; 16 (3) In the event the license is not paid within ninety (90) days, an additional 17 thirty (30) percent penalty will be added to the total outstanding balance. 18 (b) In addition to the penalties set out in herein, if the business license provided 19 for in this article is not paid within ninety (90) days after such becomes due, 20 the treasury manager shall prepare a list of delinquent business license names 21 and amounts. The City Manager or his designee shall deliver a copy of the 22 list of delinquent business license names and amounts to a newspaper having 23 general circulation in the City and have the list published by the newspaper, 24 publish the list on the City's website, and /or publish the list on the City's 25 local access television station in an effort to enhance compliance. [PAGE 2 OF 7] Ordinance 2010 Business License amendments 1 2 3 4 • 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Section 3. Section 17 -48 of the City of Little Rock Revised Code of 1988 is hereby amended to read as follows: Sec. 17 -48. Refund of fee. (2) Where a business license fee is due but not paid, the city manager shall collect not more than three (3) years in arrears, plus the current year. Section 4. Section 17 -52, Classification (10) of the Little Rock City Code, 1988, is hereby repealed and replaced with the following: (10) AIRPLANE SALES, SERVICE & RENTAL 305.00 baseplus 35.00 / employee a. ...Plus aircraft servicing 135.00 baseplus 35.00 / employee b. ...Plus equipment sales 305.00 base c. ...Phis interior maintenance 100.00 base d. ...Plus retrieval /salvage 270.00 base e. ...Plus aircraft sales 305.00 baseplus 0.24% inventory Section 5. Section 17 -52, Classifications (3 1) and (32) of the Little Rock City Code, 1988, are hereby repealed and replaced with the following: (3 1) AUTOMOBILE AND TRUCK DEALERS NEW AND USED SALES 200.00 base plus 0.24% inventory NOTE: Where the average cost of items included in a dealer's inventory equals or exceeds $4,000; computation of the tax will include units below the average at actual cost; and those above it, at the average unit cost. A separate average computation must be made for every classification of cars and trucks, new and used. Plus additional services: a. Automobiles and trucks, rental /lease 135.00 baseplus 69.25 / vehicle b. Wrecker service 135.00 baseplus 35.00 / wrecker Section 6. Section 17 -52, Classifications (36) and (37) of the Little Rock City Code, 1988, are hereby repealed and replaced with the following: (36) BAKERIES... WHOLESALE /RETAIL 135.00 baseplus 20.00 / employee (including branch bakeries, where no truck routes) Ordinance 2010 Business License amendments [PAGE 3 OF 71 1 Section 7. Section 17 -52, Classifications (39) and (41) of the Little Rock City Code, 1988, are 2 hereby repealed and replaced with the following: 3 (39) BARBERS /BEAUTY OPERATORS 75.00 base plus 20.00 / operator 4 (base includes proprietor) plus 35.00 / manicurist 5 6 a. ...plus day spa 100.00 base 7 8 b. ...plus inventory plus 0.24% inventory 9 Section 8. Section 17 -52, Classification (74.1) of the Little Rock City Code, 1988, is hereby added as 10 follows: 11 (74.1) CONTRACTOR - EXCAVATING 270.00 baseplus 20.00 / employee 12 Section 9. Section 17 -52, Classification (74.2) of the Little Rock City Code, 1988, is hereby added as 13 follows: 14 (74.2) CONTRACTOR - UTILITY 500.00 baseplus 20.00 / employee 15 Section 10. Section 17 -52, Classifications (82.1) and (82.2) of the Little Rock City Code, 1988, are 16 hereby repealed and replaced with the following: 17 (82.1) DATA PROCESSING SERVICE 270.00 base 18 (includes Home Based and Part -time) 19 20 Section 11. Section 17 -52, Classifications (129.1) and (129.2) of the Little Rock City Code, 1988, 21 are hereby repealed and replaced with the following: 22 (129.1) JEWELRY MANUFACTURERS /STORE 200.00 baseplus 0.24% inventory 23 a.... plus repair 100.00 baseplus 20.00 / employee 24 Section 12. Section 17 -52, Classifications (173) and (174) of the Little Rock City Code, 1988, are 25 hereby repealed and replaced with the following: 26 (173) PET CARE 135.00 baseplus 20.00 / employee 27 (including boarding, grooming, and breeding) 28 Section 13. LRC § 17 -52, Classifications (54) and (19 1) are hereby repealed and replaced 29 with the following: 30 (190) REAL ESTATE 31 190.1 (A) PROPERTY FOR LEASE OR RENTAL 32 (a) For purposes of this classification, Dwelling Unit means any room or 33 group of rooms within a dwelling that forms a single habitable unit with [PAGE 4 OF 71 Ordinance 2010 Business License amendments I facilities which can be used, or are intended to be used, for living, sleeping, 2 cooking, and eating, whether such unit is occupied or vacant. The terms 3 "Dwelling Unit," shall be construed as if followed by the words "or any part 4 thereof. 5 For example, a Dwelling Unit which consists of individual single- family 6 housing is considered one Dwelling Unit; a duplex is considered two Dwelling 7 Units; a triplex is considered three Dwelling Units; and, so on. The term 8 Dwelling Unit does not include temporary residential facilities such as hotels, 9 motels, or treatment centers. 10 (b) Only one base charge is required from an individual, or entity, that owns 11 four or more units of real estate for rental, provided one or more additional 12 charges may be required for employees, or other activities; 13 (c) Any square footage calculation in this classification means the actual 14 calculation, or any part of the figure. For example, a calculation of 1000 square 15 feet means 1000 square feet or any part of that figure. So, if the square footage 16 is 1250 feet, the fee is the same as if the square footage was 2000 square feet. 17 (d) The Owner of property is responsible for the per unit fee of property 18 available for rent, even though this amount may actually be paid by a property 19 services company. The Property Services classification is not responsible for 20 the base charge of an Owner, nor for the charge per Dwelling Unit; however, 21 no such Dwelling Unit may be rented or managed if the base charge and per 22 unit fees are not paid to the City. 23 (e) The following real estate classifications and charges are as follows: 24 (1) OWNERSHIP ONLY (less than four (4) units) $35.00 25 (2) OWNERSHIP ONLY (more than four (4) units $200.00 26 --plus Dwelling Unit fee (up to 100 units) $ 7.00 per Dwelling Unit 27 --plus Dwelling Unit fee (over 100 units) $ 3.50 per Dwelling Unit 28 (3) ADDITIONAL FEES FOR LEASED OR RENTED PROPERTY 29 (A) Over 1000 sq. feet for vehicular parking $2.00 per sq. foot 30 (B) Each 1000 sq. feet of warehouse or indus- 31 trial space $2.00 per sq. foot [PAGE 5 OF 7] Ordinance 2010 Business License amendments 1 (4) UNRENTED SPACE 2 If the owner or manager can establish the space 3 has not been rented for an entire previous calen- 4 dar year $2.00 per 1000 sq. feet 5 (5) OWNER OCCUPIED Dwelling Unit, comer - 6 cial, office, industrial or warehouse space No fee 7 (6) WAREHOUSE, INDUSTRIAL OR COMMER- 8 CIAL SPACE $2.00 per 1000 sq. feet 9 190.1 (B) REAL ESTATE SALES 10 Base fee $200.00 11 -- plus per employee fee $35.00 12 -- plus per sales person fee $50.00 13 190.1 (C) REAL ESTATE PROPERTY MANAGEMENT 14 Base fee $200.00 15 -- plus per employee fee $35.00 16 -- plus per sales person fee $50.00 17 190.1 (D) REAL ESTATE DEVELOPMENT 18 Base fee $200.00 19 -- plus per employee fee $20.00 20 -- plus per salesperson fee $50.00 21 Section 14. Section 17 -52, Classification (194.1) of the Little Rock City Code, 1988, is hereby added 22 as follows: 23 (194.1) REPAIR —MOBILE MECHANIC 100.00 base plus 20.00 / employee 24 25 Section 15. Repealer. All ordinances and parts of ordinances that conflict with this ordinance are 26 hereby repealed to the extent of such inconsistency. 27 Section 16. Severability. In the event that any title, section, item, sentence, clause, phrase, or word 28 of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or 29 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and [PAGE 6 OF 71 Ordinance 2010 Business License amendments I effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 2 ordinance. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Section 17. Emergency. The Board of Directors has previously declared that the collection of business license fees is necessary for the performance of essential municipal functions and that, without the same, the delivery of City services will decrease, and the City's ability to provide and support the public peace, health and safety will be diminished. To ensure that licensees receive their statements in time to meet the fee collection deadlines, this ordinance should be given effect immediately. An emergency is, therefore, declared to exist and this ordinance shall be in full force and effect from and after the date of its passage. PASSED: May 4, 2010 ATTEST: usan �ty, City Clerk APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, City ttorney // Ordinance 2010 Business License amendments [PAGE 7 OF 71 APPROVED: Stodola, lqayfir