§ 23-02-071. Vendor's license.

(a)

Pursuant to this article, no vendor shall engage in the business of providing lodging in the city who has not first obtained a license as provided in this section.

(b)

An applicant for a vendor's license shall submit an application to the city manager stating the following:

(1)

The name of the vendor, including identification of any person, as defined in this article, who owns or operates or both a place of lodging and the name or trade names under which the vendor proposes to do business and the post office address thereof.

(2)

A description of the facilities, including the number of rooms and the usual schedule of rates thereof.

(3)

A description of other facilities provided by the vendor or others to users of the lodgings, such as restaurant, bar, cleaning, laundry, courtesy car, stenographic, tailor or others, and a statement identifying the license issued, to whom issued, the authority issuing, and the period for which issued, if applicable, and the identification number provided by the bureau of revenue to the state.

(4)

The nature of the business practices of the vendor and to what extent, if any, his business is exempt from the lodgers' tax.

(5)

The information reasonably necessary to effect a determination of eligibility for such license.

(c)

The city manager shall review the application for a license within ten (10) days of receipt thereof and shall grant the license in due course if he finds the applicant is doing business subject to the lodgers' tax.

(d)

If the city manager finds that the applicant is not qualified to do business subject to the lodgers' tax, he shall, not more than ten (10) days after receipt of the application, advise the applicant of his decision and give the reason therefor. The notice of such action shall be given by registered mail, postage prepaid, addressed to the applicant at the address given on the application and deposited in the post office at the city on the date thereof.

(e)

If the city manager finds the applicant not exempt under the terms of this article, he shall, not more than ten (10) days after receipt of the application, advise the applicant of his decision and give the reasons therefor.

(f)

An applicant who is dissatisfied with the decision of the city manager may appeal the decision to the city commission by written notice to the city manager of such appeal to be made within fifteen (15) days of the date of the decision of the city manager on the application. The matter shall be referred to the city commission for hearing at a regular or special meeting in the usual course of business. The decision of the city commission made thereon shall be expressed in writing and shall be communicated in the same manner as the decision of the city manager is transmitted. The action of the city commission shall be final.

(g)

If the city commission finds for the applicant, the city manager shall issue the appropriate license or other notice conforming to the decision made by the commission.

(Ord. No. 1376, § 1, 8-10-10)